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RULES AND REGULATIONS FOR FOREIGN

VESSELS OPERATING IN THE NAVIGABLE


WATERS OF THE UNITED STATES
[M.E.T. Publication #515]
Fifth Edition
June 1997

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

124 North Van Avenue


Houma, Louisiana 70363-5895, USA
Telephone: (504) 879-3866
24 Hour Fax: (504) 879-3911

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

i Page revised June 1997.


117 DRAWBRIDGE OPERATION REGULATIONS 116
120 SECURITY OF PASSANGER VESSELS 124
128 SECURITY OF PASSENGER TERMINALS 126
136 OIL SPILL LIABILITY TRUST FUND, CLAIMS PROCEDURES; DESIGNATION OF SOURCE AND ADVERTISEMENT 128
138 FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS) 134

OUTER CONTINENTAL SHELF ACTIVITIES


140 GENERAL 163
141 PERSONNEL 167
142 WORKPLACE SAFETY AND HEALTH 169
143 DESIGN AND EQUIPMENT 171
144 LIFESAVING APPLIANCES 172
145 FIREFIGHTING EQUIPMENT 173
146 OPERATIONS 174
147 SAFETY ZONES 176
150 OPERATIONS 179

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

PORTS AND WATERWAYS


160 PORTS AND WATERWAYS SAFETY - GENERAL 300
161 VESSEL TRAFFIC MANAGEMENT 305
162 INLAND WATERWAYS NAVIGATION REGULATIONS 314
163 TOWING OF BARGES 327
164 NAVIGATION SAFETY REGULATIONS 328
165 REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 341
166 SHIPPING SAFETY FAIRWAYS 372
167 OFFSHORE TRAFFIC SEPARATION SCHEMES 384
168 ESCORT REQUIREMENTS FOR CERTAIN TANKERS 385

TITLE 33 POST-PUBLICATION CHANGES AND CORRECTIONS A-1


INDEX 397
FINAL TABLE OF CONTENTS
BOOK 2
TITLE 46—SHIPPING

[Editorial Note: The Table of Contents for Book 2 containing selections from TITLE 46 CFR {Shipping) is located at the beginning of Book 2.]

ii Page revised June 1997.


INTRODUCTION FEDERAL REGULATIONS

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

iii Page revised. June 1997


515! Unfortunately, all 10 volumes are not always "in print" or available in list only those "parts" and "subchapters" that contain Coast Guard
complete sets on any given date. Unfortunate, as well, is the fact that the regulations that affect the operation of foreign-flag vessels. However, if you
CFR does not always clearly distinguish between rules and regulations that would like a complete list of all existing "parts" of Titles 33 and 46
apply to U.S.-flag vessels and those that also apply to "foreign" vessels. including the regulations that govern the operation of U.S.-flag vessels,
The value in Publication 515 may well lie in not what you must read but, please request MET Document # R-157.
rather, in what you do not have to read to uncover what you need to know.
Publication 515 contains: 4. Can I purchase the CFR?
 Exact reprints of regulations that may, in some manner, apply to Certainly. However, if you operate a foreign-flag vessel, we believe the
"foreign-flag" vessels taken from the Code of Federal Regulations. regulations you need from CFR Titles 33 and 46 are all contained in
 Recent "paste-up" updates taken from the Federal Register. These Publication 515. We have done our best to see that everything is included
"updates" were located by means of the List of Sections Affected (LSA), and are interested in saving our customers money. We are always
a research tool published several months after an item first appears in the concerned that we may have forgotten something you may need that lies
Federal Register. within the scope of Publication 515—so we may be curious as to why you
need, or think you need, the CFR. But if you have any reason to order a
CFR volume, please refer to the "Title" and the "Parts" you need (for
WHAT IS THE CFR? example, 46 CFR parts 1 through 40). We will be pleased to order any CFR
volume for you at any time.

5. How can I purchase a copy of Publication 515?


Since Publication 515 is based on the Code of Federal Regulations, here Marine Education Textbooks sells Publication 515 directly by mail and
are a few basic questions and answers about the "CFR" and Publication through our network of dealers in principal United States and foreign ports.
515. Publication 515 is also available from any retail bookstore by citing this
title and its International Standard Book Number (ISBN).
1. What are the CFR and the Federal Register?
New rules and regulations are blended with existing regulations in the 6. How can I obtain your free updating service?
"CFR" once a year when the Office of the Federal Register re-publishes the Because of the frequent changes in Coast Guard rules and regulations, we
CFR in updated form. Consequently, the CFRs are a good source for those include sections containing Post-publication Changes and Corrections in the
who need fairly recent information about Coast Guard regulations. back of Book 1 and Book 2 and issue periodic updates. We revise and
However, for the most recent information on "Final Rules," amendments, republish the books when we believe that further correction and updating is
corrections or "proposed rulemaking" you must consult the Federal no longer practical, usually every two years. We publish very limited
Register. Marine Education Textbooks subscribes to this publication and quantities of this book and intend to keep it current to the best of our ability.
can copy any article or notice for you if you need it. We reserve the right to The date your book was printed appears on the bottom of the title page of
a small service and copying charge for extensive copying, overseas postage, Book 1 and indicates the date through which your book has been corrected.
fax, or messenger service. You may request to be placed on our mailing list to receive one copy of the
"updated pages" by surface rate mail at no charge by mailing us the
2. How can I first learn of new U.S. regulations?
"Feedback Sheet" in the front of the book. If you have more than one
Every month, the U.S. Coast Guard publishes the Marine Safety
copy of Publication 515, we ask you to copy the updated pages we send you
Newsletter that lists various Coast Guard regulatory projects and the name,
and distribute them to your ships to keep each copy of Publication 515 up-
phone number, and address of a person in charge of each project These
to-date. If this is not convenient, please have your shipmasters) or your
"project managers" can provide free printed information about their projects
ship's agent(s) call us at (504) 879-3866 or fax us at (504) 879-3911 so we
and can discuss these projects within the limitations set by the Adminis-
can mail them updated pages! These steps should limit our postal expenses
trative Procedures Act. Subscription to the Marine Safety Newsletter is free
and allow us to provide you with a prompt service without charge!
by writing to its Editor at the National Maritime Center, 4200 Wilson Blvd.,
Suite 510, Arlington, V.A. 22203-1804. Telephone: (703) 235-1753. 7. Where do I go if Publication 515 does not contain the
Facsimile: (703) 235-8504. information I need?
In case you cannot find the information you need in these books, consider
3. How do I access information in the CFR or in Publica-
these possibilities:
tion 515?
 Perhaps you are looking for a "law" rather than a regulation. The United
When accessing the "CFR," it is common to do so by "Part Number." In
States Congress makes "laws" or "statutes" that are usually quite broad
some cases you are directed to a "Subchapter" when two or more "Parts"
and general in nature although they
refer to different aspects of the same subject. Consequently, in the TABLE
OF CONTENTS that is contained the front of both volumes of Publication
515, we

iv Page revised June 1997


COAST GUARD DISTRICT OFFICES MARINE SAFETY/ MARINE INSPECTION U.S. Coast Guard Marine Safety Office
OFFICES 1415 6th Avenue Huntington, WV
25701
Commander First Coast Guard District 408 Atlantic U.S. Coast Guard Marine Safety Office P.O. Box S-
Avenue Boston, MA 02210-3350 3666 Old San Juan, PR 00902-3666
U.S. Coast Guard Marine Safety Office
272 N. Front St., Ste. 500 Wilmington,
NC 28401-3907
Commander Fifth Coast Guard District Federal U.S. Coast Guard Marine Safety Office 455
Building 431 Crawford Street Portsmouth, V.A. Commercial St. Boston, MA 02109-1045
23704-5004
U.S. Coast Guard Marine Safety Office
P.O. Box 724 196 Tradd Street
U.S. Coast Guard Marine Safety Office 20 Risho Charleston, SC 29401-1899
Avenue East Providence, RI 02914-1215
Commander Seventh Coast Guard District Brickell
Plaza Building 909 SE First Avenue Miami, FL
33131-3050
U.S. Coast Guard Marine Safety Office
U.S. Coast Guard Marine Safety Office P.O. Box 108 P.O. Box 8191 Savannah, GA 31412-
Portland, ME 04112-0108 8191

Commander Eighth Coast Guard District Hale Boggs


Federal Bldg. 501 Magazine Street New Orleans, LA U.S. Coast Guard Marine Inspection Office Battery U.S. Coast Guard Marine Safety Office
70130-3396 Park Bldg. New York, NY 10004-1466 7820 Arlington Expy., Ste. 400
Jacksonville, FL 32211-7445

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 Eleventh Coast Guard District 501 West


Ocean, Suite 7170 Long Beach, CA 90822-5399 U.S. Coast Guard Marine Safety Office Suite 700, U.S. Coast Guard Marine Safety Office
Kossman Bldg. Forbes Ave. & Stanwix St. Pittsburgh, 155 Columbia Drive Tampa, FL
PA 15222-1371 33606-3598

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 PSC 455, Box


U.S. Coast Guard Marine Safety Office Canal Park 176 FPO AP, Guam 96540-1056
Duluth, MN 55802-2352

U.S. Coast Guard Marine Safety Office 433 Ala


U.S. Coast Guard Marine Safety Office 215 West Moana Blvd., Room 1 Honolulu, HI 96813-4909
83rd Street, Ste. D Burr Ridge, IL 60521-7059

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.

The Haven Group is composed of a group of recognized maritime experts


headed up by CDR Charles Havnen, USCG Retired who has spent the
past thirty-two years actively engaged in Interpreting and applying Coast
Guard Rules and Regulations from a vessel owner/operator's standpoint,
as well as the Coast Guard's perspective.
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
Chas R Havnen & Assoc Inc
4650 General DeGaulle Dr • Suite 212 • New Orleans • LA • 70131
Telephone (800) 493-3883 - (504) 394-8933 " Fax (504) 394-8869

The Haven Group


The following are some of the services that the Havnen Group performs
for clients:
• We represent owners during incidents involving the U.S. Coast Guard
and assist with contentious issue resolution.
• We provide private consulting on regulatory problems and compliance
negotiations.
• We draft written requests, appeals and correspondence to U.S. Coast
Guard officials.
• We oversee or superintend vessel repair, construction and modification.
• We examine and analyze personal injuries and equipment casualties to
determine actual or proximate cause to settle claims and prevention
accidents.
• We act as or provide expert witnesses in maritime cases.
• We report on and evaluate current and proposed regulatory changes.
• We develop operating and other policy documents for seamen,
management, attorneys and regulators alike.
Our staff combines over 100 years of cumulative vessel experience. We
understand the operation of all types of vessels. If we don't understand
your problem, we know those specialists that do. We are not embarrassed
to direct you to them. We are highly focused on operational issues. We
understand how to communicate with managers, regulators, attorneys and
sailors alike. We know the business.

Put us to work on your vessel problem, casualty related and/or


regulatory issues, so your managers can keep attuned to issues that
focus on your bottom line. We can save you both time and money.

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

1.07-85 Collection of civil penalties


TITLE 33 1.07-90 Criminal penalties
CODE OF FEDERAL REGULATIONS 1.07-95 Civil and criminal penalties
PART 1 - GENERAL PROVISIONS 1.07-100 Summons in lieu of seizure of commercial fishing industry

Subpart 1.08—Written Warnings by Coast Guard Boarding Officers


[MET Editorial Note: This page shows the entire Table of Contents for this "Part." 1.08-1 Applicability
However, we reprinted only those subparts and sections of concern to foreign 1.08-5 Procedures
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 Subpart 1.10—Public Availability of Information
this information for a small service charge] 1.10-1 Official records and documents
1.10-5 Public availability of records and documents
TABLE OF CONTENTS
Subpart 1.20—Testimony by Coast Guard Personnel and Production of
1.20-1 Testimony by Coast Guard personnel and production of records.
Subpart 1.01—Delegation of Authority
1.01-1 District Commander Subpart 1.25—Fees and Charges for Certain Records and Services
1.01-20 Officer in Charge, Marine Inspection 1.25-1 Purpose
1.01-30 Captains of the Port. 1.25-30 Exceptions
1.01-40 Delegation to the Vice Commandant. 1.25-40 Fees for services for the public
1.01-50 Delegation to District Commander, Seventeenth Coast Guard 1.25-45 Special admeasurement services
1.01-60 Delegations for issuance of bridge permits 1.25-48 Oceanographic research
1.01-70 CERCLA delegations 1.25-80 Payment of fees, charges or sales
1.01-80 FWPCA and OPA 90 delegations
1.01-85 Redelegation Subpart 1.26—Charges for Duplicate Medals, and Sales of Personal
1.01-90 Commissioned, warrant, and petty officers 1.26-1 Purpose
1.26-5 Replacement of medals
Subpart 1.05—Rulemaking 1.26-10 Sales to Coast Guard Auxiliary
1.05-1 Delegation of rulemaking authority 1.26-15 Sales of nonexcess personal property and services
1.05-5 Marine Safety Council 1.26-20 Sales to eligible foreign governments
1.05-10 Regulatory process overview 1.26-25 Payment of charges
1.05-15 Public participation
1.05-20 Petitions for rulemaking Subpart 1.01—Delegation of Authority
1.05-25 Public docket AUTHORITY 14 U.S.C 633, 33 U.S.C 401, 491, 525, 1321, 2716, and
1.05-30 Advance notice of proposed rulemaking (ANPRM) 2716a, 46 U.S.C 9615, 49 U.S.C 322, 49 CFR 1 45(b), 1 46, section 1.01-70
1.05-35 Notice of proposed rulemaking (NPRM) also issued under the authority of E.O. 12580, 3 CFR, 1987 Comp., p 193,
1.05-40 Supplemental notice of proposed rulemaking (SNPRM) and sections 1.01-80and 1.01-85also issued under the authority of E.O.
1.05-45 Interim rule 12777, 3 CFR, 1991 Comp., p. 351.
1.05-50 Final rule
1.05-55 Direct final rule
1.01-1 District Commander.
1.05-60 Negotiated rulemaking
Final authority for the performance within the confines of his district of
the functions of the Coast Guard, which in general terms are maritime law
Subpart 1.07—Enforcement; Civil and Criminal Penalty Proceedings
enforcement, saving and protecting life and property, safeguarding navi-
1.07-1 Purpose
gation on the high seas and navigable waters of the United States, and
1.07-5 Definitions
readiness for military operations, is delegated to the District Commander by
1.07-10 Reporting and investigation
the Commandant. In turn delegations of final authority run from the
1.07-11 Notice of violation
District Commander to commanding officers of units under the District
1.07-15 Hearing Officer
Commander for the performance of the functions of law enforcement, patrol
1.07-20 Initiation of action
of marine regattas and parades, and the saving of life and property which
1.07-25 Preliminary matters
come within the scope of their activities
1.07-30 Disclosure of evidence
[CGFR 48-72, 13 FR 9330, Dec. 31, 1948]
1.07-35 Request for confidential treatment
1.07-40 Counsel
1.07-45 Location of hearings and change of venue 1.01-20 Officer in Charge, Marine Inspection.
1.07-50 Witnesses (a) Final authority is vested in the Officer in Charge, Marine Inspection,
1.07-55 Hearing procedures for the performance, within the area of his Jurisdiction, of the following
1.07-60 Records functions Inspection of vessels in order to determine that they comply with
1.07-65 Hearing Officer's decisions the applicable laws, rules, and regulations relating to safe construction,
1.07-70 Right to appeal equipment, manning, and operation and that they are in a seaworthy
1.07-75 Action on appeals condition for the services in which they are operated, shipyard and factory
1.07-80 Reopening of hearings inspections, the investigation of marine casualties and accidents, the

PAGE 1 33 CFR PART 1


1
M.E.T. PUBLICATION 515 — 5TH EDITION
licensing, certificating, shipment and discharge of seamen; the investigating to human health.
and initiating of action in cases of misconduct, negligence, or incompetence (3) Authority, pursuant to CERCLA section 106 (a), to issue orders to
of merchant marine officers or seamen; and the enforcement of vessel protect the public health and welfare and the environment whenever that
inspection, navigation, and seamen's laws in general. Specific procedures official determines that a release or threatened release of a hazardous
for appealing the decisions of the Officer in Charge, Marine Inspection, or substance from a facility may present an imminent and substantial
of his subordinates are set forth in 46 CFR parts 1 to 4. endangerment to the public health or welfare or the environment
(b) This officer is also delegated authority to prescribe distinctive lights (4) Authority, pursuant to CERCLA section 104 (e), except section 104
for ferryboats operated by different companies as provided by §§80.15, (e)(7)(C), to enter establishments or other places where hazardous
90.18, and 95.27 of this chapter. substances are or have been generated, stored, treated, disposed of, or
[CGFR 48-72, 13 FR 9330, Dec. 31, 1948] transported from to inspect and obtain records, reports, samples and
information in support of the response functions delegated in paragraphs
1.01-30 Captains of the Port. (d), (e)(1), (e)(2), and (e)(3) of this section.
Captains of the Port and their representatives enforce within their (5) Authority, pursuant to CERCLA section 122, to enter into an
respective areas port safety and security and marine environmental agreement with any person (including the owner or operator of the vessel or
protection regulations, including, without limitation, regulations for the facility from which a release or substantial threat of release emanates, or
protection and security of vessels, harbors, and waterfront facilities; any other potential responsible person), to perform any response action,
anchorages; security zones; safety zones; regulated navigation areas; provided that such action will be done properly by such person.
deepwater ports; water pollution; and ports and waterways safety. (f) Except for the authority granted in paragraphs (d)(1) and (e)(1) of this
[CGD 91-225, 59 FR 66484, Dec. 27, 1994] section, each Coast Guard official to whom authority is granted in this
section may redelegate and authorize successive redelegations of that
authority. The authority granted in paragraph (e)(3) of this section may only
1.01-70 CERCLA delegations.
(a) For the purpose of this section, the definitions in section 101 of the be redelegated to commissioned officers.
Comprehensive Environmental Response, Compensation, and Liability Act (g) The response authority described in paragraph (e)(1) of this section
of 1980 (Pub. L. 96-510), as amended by the Superfund Amendments and does not include authority to—
(1) Summarily remove or destroy a vessel; or
Reauthorization Act of 1986 (Pub. L. 99-499), apply. The Act, as amended,
(2) Take any other action that constitutes intervention under CERCLA,
is referred to in this section as CERCLA.
the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.), or other
(b) The Chief, Marine Safety and Environmental Protection (G-M) is
applicable laws. "Intervention" means any detrimental action taken against
delegated authority to take remedial action involving vessels under section
the interest of a vessel or its cargo without the consent of the vessel's
104 of CERCLA.
owner or operator.
(c) Each Maintenance and Logistics Commander is delegated contract
[CGD 88-051, 53 FR 30259, Aug. 11, 1988, is amended by CGD 91-225. 53 FR
authority, consistent with each memorandum of understanding between the
66484, Dec. 27, 1994; 61 FR 33660. June 28. 1996]
Coast Guard and the Environmental Protection Agency regarding CERCLA
funding mechanisms, for the purpose of carrying out response actions pur-
suant to CERCLA sections 104 (a), 104 (b), 104 (1), 104 (g), 105 (f), and 1.01-80 FWPCA and OPA 90 delegations.
122. (a) This section delegates authority to implement provisions of section
(d) Each district commander is delegated authority as follows: 311 of the Federal Water Pollution Control Act (FWPCA), as amended [33
(1) Authority, pursuant to CERCLA section 106 (a), to determine an U.S.C. 1321] and provisions of the Oil Pollution Act of 1990 (OPA 90).
imminent and substantial endangerment to the public health or welfare or The definitions in subsection (a) of section 311 of the FWPCA and section
the environment because of an actual or threatened release of a hazardous 1001 of OPA 90 [33 U.S.C. 2701] apply.
substance from a facility, and to secure such relief as may be necessary to (b) The Chief, Marine Safety and Environmental Protection, is delegated
abate such danger or threat through the United States attorney of the district authority to require the owner or operator of a facility to establish and
in which the threat occurs. maintain such records, make such reports, install, use, and maintain such
(2) Authority, pursuant to section 109 of CERCLA, to assess penalties monitoring equipment and methods, and provide such other information as
relating to violations of sections 103 (a) and (b) pertaining to notification may be required to carry out the objectives of section 311 of the FWPCA
requirements, section 108 pertaining to financial responsibility for release [33 U.S.C. 1321].
of hazardous substances from vessels, and section 122 pertaining to (c) Each District and Area Commander is delegated authority within the
administrative orders and consent decrees. Commander's assigned district or area to—
(3) Authority, pursuant to section 108 of CERCLA, to deny entry to any (1) Deny entry to any place in the United States or to the navigable
port or place in the United States or to the navigable waters of the United waters of the United States, and to detain at any place in the United States,
States and detain at any port or place in the United States any vessel subject any vessel subject to section 1016 of OPA 90 [33 U.S.C. 2716] that, upon
to section l08 (a) of CERCLA that, upon request, does not provide evidence request, does not provide evidence of financial responsibility;
of financial responsibility. (2) Seize and, through the Chief Counsel, seek forfeiture to the United
(e) Subject to the provisions of Executive Order 12580,49 CFR 1.46 (ff) States of any vessel subject to the requirements of section 1016 of OPA 90
and (gg), and paragraph (g) of this section, each Coast Guard official, [33 U.S.C. 2716] that is found in the navigable waters of the United States
predesignated as an On-Scene Coordinator, is delegated authority as without the necessary evidence of financial responsibility;
follows: (3) Assess any class I civil penalty under subsection (b) of section 311 of
(1) Authority, pursuant to CERCLA sections 104 (a), 104 (b), 104 (c) the FWPCA [33 U.S.C. 1321], in accordance with the procedures in subpart
and consistent with the National Contingency Plan, to remove or arrange 1.07 of this chapter;
for the removal of releases and threatened releases of hazardous substances, (4) Assess any civil penalty under section 4303 of OPA 90 [33 U.S.C.
and of pollutants or contaminants which may present an imminent and 2716a] in accordance with the procedures in subpart 1.07 of this chapter;
substantial danger to the public health or welfare. (5) Board and inspect any vessel upon the navigable waters of the United
(2) Authority, pursuant to CERCLA section 104 (i)(1 1), to take such States or the waters of the contiguous zone, except for public vessels; with
steps as may be necessary to reduce exposure that presents a significant risk or without warrant, arrest any person who, in the Commander's presence
to human health, and to eliminate or substantially mitigate that significant
risk

33 CFR PART 1 PAGE 2


2
M.E.T. PUBLICATION 515 — 5TH EDITION
or view, violates a provision of section 311 of the FWPCA [33 U.S.C. 1321] 1.01-90 Commissioned, warrant, and petty officers.
or any regulation issued thereunder; and execute any warrant or other Any commissioned, warrant, or petty officer of the United States Coast
process issued by an officer or court of competent jurisdiction, as Guard may be authorized to carry out the functions delegated to superior
prescribed in section 311(m)(1) of the FWPCA [33 U.S.C. 1321 (m)(1)], officials under §§1.01-1, 1.01-20, 1.01-30, 1.01-70, and 1.07-80, or
(6) Enter and inspect any facility in the coastal zone at reasonable times; redelegated under §1.01-85, within the jurisdiction of the cognizant official.
have access to and copy any records; take samples; inspect monitoring They will do so under the supervision and general direction of that official.
equipment required by section 311(m)(2)(A) of the FWPCA [33 U.S.C. [CGD 51-225, S3 FR 66485. Dec. 27. 1994]
1321(m)(2)(A)]; with or without warrant, arrest any person who, in the Com-
mander's presence or view, violates a provision of section 311 of the Subpart 1.07—Enforcement; Civil and Criminal Penalty
FWPCA [33 U.S.C. 1321] or any regulation issued thereunder, and execute Proceedings
any warrant or other process issued by an officer or court of competent jur- AUTHORITY: 14 U.S.C. 633; Sec. 6079(d), Pub. L. 100-690,102 Stat
isdiction, as prescribed in section 311 (m)(2) of the FWPCA [33 U.S.C 1321 4181; 49 CFR 1.46.
(m)(2)(A)]; and SOURCE: CGD 78-82, 43 FR 54186, Nov. 20, 1978, unless otherwise
(7) Determine for purposes of section 311(b)(12) of the FWPCA [33 noted.
U.S.C. 1321(b)(12)]—
(i) Whether reasonable cause exists to believe that an owner, operator, or
1.07-1 Purpose.
person in charge may be subject to a civil penalty under section 311(b) of
This part describes procedures for enforcement and administration of all
the FWPCA [33 U.S.C. 1321(b)], and
statutory penalty provisions that the Coast Guard is authorized to enforce.
(ii) Whether a filed bond or other surety is satisfactory.
(d) Each Coast Guard official predesignated as the On-Scene Coordinator
by the applicable Regional Contingency Plan is delegated authority 1.07-5 Definitions.
pursuant to section 311(c) of the FWPCA [33 U.S.C. 1321(c)], subject to (a) The term District Commander, when used in this subpart, means the
paragraph (e) of this section, in accordance with the National Contingency District Commander, or any person under the District Commander's
Plan and any appropriate Area Contingency Plan, to ensure the effective command, delegated to carry out the provisions of §1.07-10(b).
and immediate removal of a discharge and mitigation or prevention of a (b) The term Hearing Officer means a Coast Guard officer or employee
substantial threat of a discharge of oil or a hazardous substance by— who has been delegated the authority to assess civil penalties.
(1) Removing or arranging for the removal of a discharge and mitigating (c) The term issuing officer means any qualified Coast Guard commis-
or preventing an imminent and substantial threat of a discharge at any time; sioned, warrant, or petty officer.
(2) Directing or monitoring all Federal, State, and private actions to (d) The term Notice of Violation means a notification of violation and
remove a discharge, including issuance of orders; preliminary assessment of penalty, given to a party, in accordance with
(3) Determining, pursuant to section 311(c) of the FWPCA [33 U.S.C. §1.07-11.
1321(c)], whether a discharge or a substantial threat of a discharge of oil or (e) The term party means the person alleged to have violated a statute or
a hazardous substance from a vessel, offshore facility, or onshore facility is regulation to which a civil penalty applies and includes an individual or
of such a size or character as to be a substantial threat to the public health public or private corporation, partnership or other association, or a gov-
or welfare of the United States (including, but not limited to fish, shellfish, ernmental entity.
wildlife, other natural resources, and the public and private beaches and [CGD 93-079. 59 PR 16560, Apr. 7, 1994]
shorelines of the United States); and, if it is, directing all Federal, Stale, and
private actions to remove the discharge or to mitigate or prevent the 1.07-10 Reporting and investigation.
threatened discharge; (a) Any person may report an apparent violation of any law, regulation,
(4) Determining, pursuant to section 311(e) of the FWPCA [33 U.S.C. or order that is enforced by the Coast Guard to any Coast Guard facility.
1321 (e)], that there may be an imminent and substantial threat to the public When a report of an apparent violation has been received, or when an
health and welfare of the United States, and, if there is, may— apparent violation has been detected by any Coast Guard personnel, the
(i) Determine an imminent and substantial threat as a basis for recom- matter is investigated or evaluated by Coast Guard personnel. Once an
mending referral for judicial relief; or apparent violation has been investigated or evaluated, a report of the
(ii) Act pursuant to section 311(e)(1)(B) of the FWPCA [33 U.S.C. investigation may be sent to the District Commander in accordance with
1321(e)(1)(B)], including the issuance of orders; and paragraph (b) of this section or a Notice of Violation under §1.07-11 may
(5) Acting to mitigate the damage to the public health or welfare caused be given to the party by an issuing officer.
by a discharge of oil or a hazardous substance. (b) Reports of any investigation conducted by the Coast Guard or re-
(e) The authority described in paragraph (d) of this section does not ceived from any other agency which indicate that a violation may have oc-
include the authority to— curred are forwarded to a District Commander for action. This is normally
(1) Remove or destroy a vessel; or tile District Commander of the District in which the violation is believed to
(2) Take any other action that constitutes intervention under UK Interven- have occurred, or the District in which the reporting unit or agency is
tion on the High Seas Act [33 U.S.C. 1471, et seq.] or other applicable laws. found. The District Commander reviews the reports to determine if there is
For purposes of this section, "intervention" means any detrimental action sufficient evidence to establish a prima facie case. If there is insufficient
taken against the interest of a vessel or its cargo without the consent of the evidence, the case is either returned for further investigation or closed if
vessel's owner or operator. further action is unwarranted. The case is closed in situations in which the
[CGD 91-225, S3 FR 66484. Dec. 27. 1994; 61 FR 33660. June 28, 1996] investigation has established that a violation did not occur, the violator is
unknown, or mere is little likelihood of discovering additional relevant
1.01-85 Redelegation. facts. If it is determined that a prima facie case does exist, a case file is
Except as provided in §1.01-80(e)(1) and (2), each Coast Guard officer to prepared and forwarded to the Hearing Officer, with a recommended action.
whom authority is granted in §1.01-80may redelegate and authorize A record of any prior violations by the same person or entity, is forwarded
successive redelegations of that authority within the command under the with the case file.
officer's jurisdiction, or to members of the officer's staff. [CGD 78-82. 43 FR 54186. Nov. 20, 1978. as amended by CGD 87-008a, 52 FR
[CGD 91-225. 59 FR 66485, Dec. 27, 1994] 17554, May 11, 1987; CGD 93-079, 59 FR 16560, Apr. 7, 1994]

33 CFR PART 1
PAGE 3
3
M.E.T. PUBLICATION 515 — 5TH EDITION

1.07-11 Notice of violation. 1.07-25 Preliminary matters.


(a) After investigation and evaluation of an alleged violation has been (a) Within 30 days after receipt of notice of the initiation of the action, as
completed, an issuing officer may issue a Notice of Violation to the party. described above, the party, or counsel for the party, may request a hearing,
(b) The Notice of Violation will contain the following information: provide any written evidence and arguments in lieu of a hearing, or pay the
(1) The alleged violation and the applicable law or regulations violated; amount specified in the notice as being appropriate. A hearing must be
(2) The amount of the maximum penalty that may be assessed for each requested in writing; the request must specify the issues which are in
violation; dispute. Failure to specify a nonjurisdictional issue will preclude its
(3) The amount of proposed penalty that appears to be appropriate; consideration.
(4) A statement that payment of the proposed penalty within 45 days will (b) The right to a hearing is waived if the party does not submit the
settle the case; request to the Hearing Officer within 30 days after receiving notice of the
(5) The place to which, and the manner in which, payment is to be made; alleged violation. At the discretion of the Hearing Officer, a hearing may
(6) A statement that the party may decline the Notice of Violation and be granted if the party submits a late request
that if the Notice of Violation is declined, the party has the right to a (c) The Hearing Officer must promptly schedule all hearings which are
hearing prior to a final assessment of a penalty by a Hearing Officer. requested. The Hearing Officer shall grant any delays or continuances
(c) The Notice of Violation may be hand delivered to the party or an which may be necessary or desirable in the interest of fairly resolving the
employee of the party, or may be mailed to the business address of the case.
party. (d) A party who has requested a hearing may amend the specification of
(d) If a party declines a Notice of Violation or takes no action on the the issues in dispute at any time up to 10 days before the scheduled date of
Notice of Violation within 45 days, the case file will be sent to the District the hearing. Issues raised later than 10 days before the scheduled hearing
Commander for processing under the procedures described in §1.07-10(b). may be presented only at the discretion of the Hearing Officer.
[CGD 33-073, 59 FR 66482, Dec. 27, 1994] [CGD 78-82 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR
19329, May 23, 1986]
1.07-15 Hearing Officer.
(a) The Hearing Officer has no other responsibility, direct or supervisory, 1.07-30 Disclosure of evidence.
for the investigation of cases referred for the assessment of civil penalties. The alleged violator may, upon request, receive a free copy of all the
The hearing officer may take action on a case referred by any District written evidence in the case file, except material that would disclose or lead
Commander. to the disclosure of the identity of a confidential informant. Other evidence
(b) The Hearing Officer decides each case on the basis of the evidence or material, such as blueprints, sound or video tapes, oil samples, and
before him, and must have no prior connection with the case. The Hearing photographs may be examined in the Hearing Officer's offices. The Hear-
Officer is solely responsible for the decision in each case referred to him. ing Officer may provide for examination or testing of evidence at other
(c) The Hearing Officer is authorized to administer oaths and issue locations if there are adequate safeguards to prevent loss or tampering.
subpoenas necessary to the conduct of a hearing, to the extent provided by
law.
1.07-35 Request for confidential treatment
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR
(a) In addition to information treated as confidential under §1.07-30. a
17554, May 11, 1987]
request for confidential treatment of a document or portion thereof may be
made by the person supplying the information on the basis that the
1.07-20 Initiation of action. information is:
(a) When a case is received for action, the Hearing Officer makes a (1) Confidential financial information, trade secrets, or other material
preliminary examination of the material submitted. If, on the basis of the exempt from disclosure by the Freedom of Information Act (5 U.S.C. 552);
preliminary examination, the Hearing Officer determines that there is (2) Required to be held in confidence by 18 U.S.C. 1905; or
insufficient evidence to proceed, or that there is any other reason which (3) Otherwise exempt by law from disclosure.
would make penalty action inappropriate, the Hearing Officer returns the (b) The person desiring confidential treatment must submit the request to
case to the District Commander with a written statement of the reason. The the Hearing Officer in writing and state the reasons justifying nondisclo-
District Commander may close the case or cause a further investigation of sure. Failure to make a timely request may result in a document being
the alleged violation to be made with a view toward resubmittal of the case considered as nonconfidential and subject to release.
to the Hearing Officer. (c) Confidential material is not considered by the Hearing Officer in
(b) If on the basis of the preliminary examination of the case file, the reaching a decision unless:
Hearing Officer determines that a violation appears to have been com- (1) It has been furnished by a party, or
mitted, the Hearing Officer notifies the party in writing of: (2) It has been furnished pursuant to a subpena.
(1) The alleged violation and the applicable law or regulations;
(2) The amount of the maximum penalty that may be assessed for each 1.07-40 Counsel
violation; A party has the right to be represented at all stages of the proceeding by
(3) The general nature of the procedure for assessing and collecting the counsel. After receiving notification that a party is represented by counsel.
penalty; the Hearing Officer directs all further communications to that COUNSEL.
(4) The amount of penalty that appears to be appropriate, based on the
material then available to the Hearing Officer,
1.07-45 Location of hearings and change of venue.
(5) The right to examine all materials in the case file and have a copy of
all written documents provided upon request; and, (a) The hearing is normally held at the office of the Hearing Officer.
(6) The fact that the party may demand a hearing prior to any actual (b) The Hearing Officer may transfer a case to another Hearing Officer
assessment of a penalty. on request or on the Hearing Officer's own motion.
(c) If at any time it appears that the addition of another party to the (c) A request for change of location of a hearing or transfer to another
proceedings is necessary or desirable, the Hearing Officer provides the Hearing Officer must be in writing and state the reasons why the requested
additional party with notice as described above. action is necessary or desirable. Action on the request is at the discretion of
the Hearing Officer.
[CGD 87-008a, 52 FR 17554, May 11. 1987]

33 CFR PART 1 PAGE 4


4
M.E.T. PUBLICATION 515 — 5TH EDITION

1.07-50 Witnesses. 1.07-65 Hearing Officer's decisions.


A party may present the testimony of any witness cither through a (a) The Hearing Officer issues a written decision. Any decision to assess
personal appearance or through a written statement The party may request a penalty is based upon substantial evidence in the record. If the Hearing
the assistance of the Hearing Officer in obtaining the personal appearance Officer finds that there is not substantial evidence in the record establishing
of a witness. The request must be in writing and state the reasons why a the alleged violation or some other violation of which the party had full
written statement would be inadequate, the issue or issues to which the and fair notice, the Hearing Officer shall dismiss the case and remand it to
testimony would be relevant, and the substance of the expected testimony. the District Commander. A dismissal is without prejudice to the District
If the Hearing Officer determines that the personal appearance of the wit- Commander's right to refile the case and have it reheard if additional
ness may materially aid in the decision on the case, the Hearing Officer evidence is obtained. A dismissal following a rehearing is final and with
seeks to obtain the witness' appearance. Because many statutes prescribing prejudice.
civil penalties do not provide subpena power, there may be cases where a (b) If the Hearing Officer assesses a penalty, the Hearing Officer's
witness cannot be required to attend. In such a case, the Hearing Officer decision contains a statement advising the party of the right to an
may move the hearing to the witness' location, accept a written statement, administrative appeal. The party is advised that failure to submit an appeal
or accept a stipulation in lieu of testimony. If none of these procedures is within the prescribed time will bar its consideration and that failure to
practical, the Hearing Officer shall proceed on the basis of the evidence appeal on the basis of a particular issue will constitute a waiver of that
before him. issue in any subsequent proceeding.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 85-001A, 51 FR
1.07-55 Hearing procedures. 19329, May 29, 1986]
(a) The Hearing Officer must conduct a fair and impartial proceeding in
which the party is given a full opportunity to be heard. At the outset of the 1.07-70 Right to appeal.
hearing, the Hearing Officer insures that the party is aware of the nature of (a) Any appeal from the decision of the Hearing Officer must be submit-
the proceeding and of the alleged violation, and of the provisions of the ted by a party within 30 days from the date of receipt of the decision. The
law or regulation allegedly violated. appeal and any supporting brief must be submitted to the Hearing Officer.
(b) The material in the case file pertinent to the issues to be determined The only issues which will be considered on appeal are those issues
by the Hearing Officer is presented. The party has the right to examine, and specified in the appeal which were property raised before the Hearing
to respond to or rebut, this material. The party may offer any facts, Officer and jurisdictional questions.
statements, explanations, documents, sworn or unsworn testimony, or other (b) The failure to file an appeal within the prescribed time limit results in
exculpatory items which bear on appropriate issues, or which may be the action of the Hearing Officer becoming the final agency action in the
relevant to the size of an appropriate penalty. The Hearing Officer may case.
require the authentication of any written exhibit or statement
(c) At the close of the party's presentation of evidence, the Hearing 1.07-75 Action on appeals.
Officer may allow the introduction of rebuttal evidence. The Hearing (a) Upon receipt, the Hearing Officer provides a copy of the appeal and
Officer may allow the party to respond to any such evidence submitted. any supporting brief to the District Commander who referred the case. Any
(d) In receiving evidence, the Hearing Officer is not bound by strict rules comments which the District Commander desires to submit must be
of evidence. In evaluating the evidence presented, the Hearing Officer must received by the Hearing Officer within 30 days. The Hearing Officer in-
give due consideration to the reliability and relevance of each item of cludes the District Commander's comments, or not later than 30 days after
evidence. receipt of the appeal if no comments are submitted by the District
(e) The Hearing Officer may take notice of matters which are subject to a Commander, the Hearing Officer forwards all materials in the case to the
high degree of indisputability and are commonly known in the community Commandant
or are ascertainable from readily available sources of known accuracy. (b) The Commandant issues a written decision in each case and furnishes
Prior to taking notice of a matter, the Hearing Officer gives the party an copies to the party, the District Commander, and the Hearing Officer, The
opportunity to show why notice should not be taken. In any case in which Commandant may affirm, reverse, or modify the decision, or remand the
notice is taken, the Hearing Officer places a written statement of the case for new or additional proceedings. In the absence of a remand, the
matters as to which notice was taken in the record, with the basis for such decision of the Commandant on appeal shall be final. In addition to the
notice, including a statement that the party consented to notice being taken actions which may be taken by the Commandant on appeal, the Comman-
or a summary of the party's objections. dant may also remit, mitigate or suspend the assessment in whole or in part.
(f) After the evidence in the case has been presented, the party may Upon the taking of remission, mitigation, or suspension action, the
present argument on the issues in the case. The party may also request an Commandant will inform the party of the action and any conditions placed
opportunity to submit a written statement for consideration by the Hearing on the action.
Officer and for further review. The Hearing Officer shall allow a reason- [CGD 78-82, 43 FR 54186, NOV. 20, 1978, as amended by CGD 87-008a, 52 FR
able time for submission of the statement and shall specify the date by 17555, May 11, 1987]
which it must be received. If the statement is not received within the time
prescribed, or within the limits of any extension of time granted by the
1.07-80 Reopening of hearings.
Hearing Officer, the Hearing Officer renders his decision in the case. (a) At any time prior to final agency action in a civil penalty case, a party
may petition to reopen the hearing on the basis of newly discovered
1.07-60 Records. evidence.
(a) A verbatim transcript will not normally be prepared. The Hearing (b) Petitions to reopen must be in writing describing the newly found
Officer prepares notes on the material and points raised by the party, in evidence and must state why the evidence would probably produce a
sufficient detail to permit a full and fair review and resolution of the case, different result favorable to the petitioner, whether the evidence was known
should it be appealed. to the petitioner at the time of the hearing and, if not, why the newly found
(b) A party may, at its own expense, cause a verbatim transcript to be evidence could not have been discovered in the exercise of due diligence.
made. If a verbatim transcript is made, the party shall submit two copies to The party must submit the petition to the Hearing Officer.
the Hearing Officer not later than the time of filing and administrative (c) The District Commander may file comments in opposition to the
appeal. The Hearing Officer includes them in the record. petition. If comments are filed, a copy is provided the party.

PAGE 5 33 CFR PART 1


5
M.E.T. PUBLICATION 515 — 5TH EDITION
(d) A petition to reopen is considered by the Hearing Officer unless an are authorized to issue written warnings instead of recommending civil or
appeal has been filed, in which case the petition is considered by the criminal penalty procedures under subpart 1.07 of this part
Commandant (1) 46 CFR 25.05 whistles or other sound producing devices;
(e) The decision on the petition is decided on the basis of the record, the (2) 33 CFR part 175, subpart B and 46 CFR subpart 25.25, Personal Flo-
petition, and the comments in opposition, if any. The petition is granted tation Devices.
only when newly found evidence is described which has a direct and mater- (3) 46 CFR 2535 backfire flame control;
ial bearing on the issues and when a valid explanation is provided as to why (4) 46 CFR 25.40 ventilation;
the evidence was not and could not have been, in the exercise of due (5) 33 CFR part 173 numbering;
diligence, produced at the hearing. The decision is rendered in writing. (6) 46 U.S.C. 103, documented yachts;
(f) Following a denial of a petition to reopen, the party is given 30 days (7) 33 CFR part 155 oil pollution prevention; and
to file an appeal if one has not already been filed, or to amend an appeal (8) 46 CFR 25.30 fire extinguishers;
which has already been filed. (9) 33 CFR part 159 marine sanitation devices;
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD 87-008a, 52 FR (10) 33 CFR part 175 subpart C, Visual Distress Signals.
17555, May 11, 1987] (11) 33 CFR 88.05 Copy of rules.
(b) The Commandant authorizes designated boarding officers to issue
1.07-85 Collection of civil penalties. warnings for certain minor violations of the statutes and regulations listed
(a) Payment of a civil penalty may be made by check or postal money in paragraph (a) of this section. Written warnings are not authorized for all
order payable to the U.S. Coast Guard. violations of these statutes and regulations.
(b) Within 30 days after receipt of the Commandant's decision on appeal, (14 U.S.C. 633, 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C.
or the Hearing Officer's decision in a case in which no appeal has been 1322); 49 CFR 1.46(b), (m), and (n)(1)). [CGD 74-155, 41 FR 17894, Apr. 29,
filed, the party must submit payment of any assessed penalty to the office 1976, as amended by CGD 77-182. 43 FR 22657, May 25, 1978 CGD 82-040, 47
specified in the assessment notice. Failure to make timely payment will FR 21042, May 17, 1982; CGD 85-009, 50 FR 10761, Mar. 18, 1985]
result in the institution of appropriate action under the Federal Claims
Collection Act and the regulations issued thereunder.
1.08-5 Procedures.
(c) When a penalty of not more than $200 has been assessed under
(a) A written warning may be issued where the boarding officer
Chapter 43 or 123 of Title 46 U.S.C., the matter may be referred fix-
determines that:
collection of the penalty directly to the Federal Magistrate of the
(1) The observed violation is a first offense; and
jurisdiction wherein the person liable may be found, for the institution of (2) The operator states that the violation will be promptly corrected.
collection procedures under supervision of the district court, if the court has (b) A written warning may not be issued where:
issued an order delegating such authority under section 636(b) of Title 28, (1) The operator is required to be licensed;
United Stales Code. (2) The violation is a failure to have required safely equipment on board;
[CGD 87-008a, 52 FR 17555, May 11, 1987] or
(3) The boarding officer notes three or more violations during one
1.07-90 Criminal penalties. boarding.
(a) Prosecution in the Federal courts for violations of those laws or (c) Each district office maintains a record of each written warning issued
regulations enforced by the Coast Guard which provide, upon conviction, within that district for a period of not more than one year after date of
for punishment by fine or imprisonment is a matter finally determined by issue except in cases involving violations of 33 CFR part 159 marine sani-
the Department of Justice. This final determination consists of deciding tation devices, records of which are maintained by each district office for
whether and under what conditions to prosecute or to abandon prosecution. not more than three years after date of issue.
(b) Except in those cases where the approval of the Commandant is (d) The district commander of the district in which the warning is issued
required, the District Commander is authorized to refer the case to the U.S. may rescind a written warning and institute civil penalty action under
attorney. The Commandant's approval is required in the following cases §1.07-9 of this part if a record check discloses a prior written warning or
where evidence of a criminal offense is disclosed: violation issued within one year or in the case of a violation of 33 CFR part
(1) Marine casualties or accidents resulting in death. 159 a prior written warning or violation issued within three years.
(2) Marine Boards (46 CFR part 4). (e) Within 15 days after the date of issue, any person issued a written
(3) Violations of port security regulations (33 CFR parts 6, 121 to 126 warning by a Coast Guard boarding officer may appeal the issuance of the
inclusive). warning to the district commander by providing in writing or in person any
(c) The District Commander will identify the laws or regulations which information that denies, explains, or mitigates the violations noted in the
were violated and make specific recommendations concerning the proceed- warning.
ings to be instituted by the U.S. attorney in every case. (f) Each written warning shall indicate that:
(1) The warning is kept on file for a period of not more than one year
after date of issue or in the case of a violation of 33 CFR part 159 a period
1.07-95 Civil and criminal penalties.
of not more than three years for reference in determining appropriate
(a) If a violation of law or regulation carries both a civil and a criminal
penalty action if there is a subsequent violation;
penalty, the District Commander is authorized to determine whether to in- (2) If a record check reveals a prior written warning or violation within
stitute civil penalty proceedings or to refer the case to the U.S. attorney for the time period designated in §1.08-5(d) of this part, the warning may be
prosecution in accordance with §1.07-90. revoked and civil penalty action instituted;
(b) When the U.S. Attorney declines to institute criminal proceedings, (3) If an additional violation occurs within the time period designated in
the District Commander decides whether to initiate civil penalty proceed- §1.08-5(d) the warning may be used as a basis for the assessment of a
ings or to close the case. higher penalty for the subsequent violation; and
(4) Within 15 days after the date of issue, the person who is issued the
Subpart 1.08—Written Warnings by Coast Guard warning may appeal to the District Commander by providing in writing or
Boarding Officers in person any information or material that denies, explains, or mitigates the
AUTHORITY: 14 U.S.C. 633; 49 CFR 1.46(b). violations noted in the warning.
(14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C.
1322); 49 CFR 1.46 (b), (m), and (n)(1)) [CGD 74-155, 41 FR 17834, Apr. 29,
1.08-1 Applicability.
(a) The regulations in this subpart apply to certain violations of the 1976, as amended by CGD 77-182, 43 FR 22657, May 25, 1978]
following statutes and regulations for which Coast Guard boarding officers

33 CFR PART 1
PAGE 6
6
M.E.T. PUBLICATION 515 — 5TH EDITION

Subpart 1.10—Public Availability of Information


AUTHORITY: 5 U.S.C. 552, 14 U.S.C. 633, sec. 6(b)(1), 80 Stat. 937 (49
U.S.C. 1655(b)(1)); 49 CFR 1.46(b).
SOURCE: CGD-73-54R, 38 FR 12396, May 11,1973, unless otherwise
noted.

1.10-1 Official records and documents.


Identifiable records and documents of the Coast Guard are made available
to the public in accordance with the Department of Transportation
regulations contained in part 7 of title 49, Code of Federal Regulations.

1.10-5 Public availability of records and documents.


(a) Each person desiring to inspect a record or document covered by this
subpart that is located in Headquarters, or to obtain a copy of such a record or
document, must make a written request to the Chief, Office of Information
Management, U.S. Coast Guard Headquarters, 2100 Second Street SW.,
Washington, DC 20593-0001.
(b) Each person desiring to inspect a record or document covered by this
subpart that is located in a Coast Guard district, or to obtain a copy of such a
record or document, must make a written request to the district commander in
command of the district, or to the officer-in-charge of the appropriate marine
inspection zone. Coast Guard districts and marine inspection zones are listed in
part 3 of this chapter.
(c) If the person making the request does not know where in the Coast Guard
the record or document is located, he may send his request to the Chief, Office
of Information Management, at the address in paragraph (a) of this section.
[61FR 33660, June 28, 1996]

PAGE 7 33 CFR PART 1


7
M.E.T. PUBLICATION 515 — 5TH EDITION
(c) High seas, as used in section 2 of the Act of February 19, 1895, as
TITLE 33 amended, 33 U.S C. 151, and all laws referring thereto, means the waters
CODE OF FEDERAL REGULATIONS seaward of the lines described in part 80 of this chapter
PART 2 - JURISDICTION [61 FR 33660, June 28, 1996]

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.

2.05-20 Internal waters and inland waters.


(a) Internal waters and, except as provided in paragraph (b) of this
Subpart 2.01—Purpose section, inland waters mean
(1) With respect to the United States, the waters shoreward of the
territorial sea baseline.
2.01-1 Purpose.
(2) With respect to any foreign country, the waters shoreward of the
The purpose of this part is to inform the public of the definitions which
baseline of its territorial sea, as recognized by the United States.
the Coast Guard uses to examine waters to determine whether the Coast
(b) Inland waters, as used in 33 U.S.C. Chapter 3. means the waters
Guard has jurisdiction on those waters under particular U S laws.
shoreward of the lines described in part 80 of this chapter, except the Great
Subpart 2.05—Definitions of Jurisdictional Terms Lakes and their connecting and tributary waters as far east as Montreal, the
waters of the Mississippi River between its source and the Huey P Long
Bridge and all of its tributaries emptying thereinto and their tributaries, that
2.05-1 High seas. part of the Atchafalaya River above its junction with the Plaquemine-
(a) Except as provided in paragraphs (b) and (c) of this section, high seas Morgan City alternate waterway, and the Red River of the North
means all waters which are neither territorial seas nor internal waters of the [61 FR 33660, June 28, 1961]
United States or of any foreign country1
(b) High seas, as used in 18 U.S.C. 7 (1), means the Great Lakes and
2.05-25 Navigable waters of the United States; Navigable Waters:
waters seaward of the low water line along the coast, except waters within
Territorial Waters.2
harbors or narrow coastal indentations enclosed by promontories1
(a) Except as provided in paragraph (b) of this section, navigable waters
of the United Stales, navigable waters, and territorial waters mean, except

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.

2.05-27 Waters subject to tidal influence;


waters subject to the ebb and flow of the tide; mean high water.
Waters subject to tidal influence and waters subject to the ebb and flow of the
tide are interpreted as waters below mean high water. "Mean high water" is the
average of the height of the diurnal high water at a particular location measured
over a lunar cycle period of 19 years. These terms do not include waters above
mean high water caused by flood flows, storms, high winds, seismic waves, or
other non-lunar phenomena. (Secs. 107, 108, Pub. L. 97-322, 96 Stat. 1582 (33
U.S.C. 495,499, 502, 525, 533);49 CFR 1.46(c)) [CGD 82-102. 47 FR 54299, Dec.
2, 1982]

2.05-30 Waters subject to the jurisdiction of the United States;


waters over which the United States has jurisdiction.2
Waters subject to the jurisdiction of the United States and waters over
which the United States has jurisdiction mean:
(a) Navigable waters of the United States;
(b) Other waters that are located on lands, owned by the United States, with
respect to which jurisdiction has been accepted in accordance with 33 U.S.C.
733 by the authorized federal officer having custody, control, or other authority
over them;
(c) Other waters that are located on lands, owned by the United States, with
respect to which the United States retains concurrent or exclusive jurisdiction
from the date that the State in which the lands are located entered the union; and
(d) Waters within the territories and possessions of the United States and the
Trust Territories of the Pacific Islands.2

Subpart 2.10—Availability of Jurisdictional Decisions

2.10-1 Maintenance of decisions.


Each Coast Guard district maintains:

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]

Subpart 3.45—Ninth Coast Guard District


3.45-1 Ninth district
TABLE OF CONTENTS
3.45-5 Cleveland Marine Inspection Zone and Captain of the Port Zone.
Subpart 3.01—General Provisions
3.45-10 Buffalo Marine Inspection Zone and Captain of the Port Zone.
3.01-1 General description.
3.45-15 Chicago Marine Inspection Zone and Captain of the Port Zone.
3.01-5 Assignment of functions.
3.45-20 Detroit Marine Inspection Zone and Captain of the Port Zone.
3.45-25 Duluth Marine Inspection Zone and Captain of Port Zone.
Subpart 3.04—Coast Guard Areas
3.45-30 Milwaukee Marine Inspection Zone and Captain of the Port Zone.
3.04-1 Atlantic Area.
3.45-45 Sault Ste. Mane Marine Inspection Zone and Captain of the Port Zone.
3.04-3 Pacific Area.
3.45-50 Toledo Marine Inspection Zone and Captain of the Port Zone.

Subpart 3.05—First Coast Guard District


Subpart 3.55—Eleventh Coast Guard District
3.05-1 First district
3.55-1 Eleventh district
3.05-10 Boston Marine Inspection Zone and Captain of the Port Zone.
3.55-10 Los Angeles-Long Beach Marine Inspection Zone and Captain of
3.05-15 Portland, Maine Marine Inspection Zone and Captain of the Port
the Port Zone.
Zone.
3.55-15 San Diego Marine Inspection Zone and Captain of the Port Zone.
3.05-20 Providence Marine Inspection Zone and Captain of the Port Zone.
3.55-20 San Francisco Bay Marine Inspection Zone and Captain of the
3.05-30 New Yolk Marine Inspection Zone and Captain of the Port Zone.
Port Zone.
3.05-35 Long Island Sound Marine Inspection and Captain of the Port
Zone.
Subpart 3.65—Thirteenth Coast Guard District
3.65-1 Thirteenth district
Subpart 3.25—Fifth Coast Guard District
3.65-10 Puget Sound Marine Inspection Zone and Captain of the Port Zone.
3.25-1 Fifth district
3.65-15 Portland, Oregon, Marine Inspection Zone and Captain of the Port
3.25-05 Philadelphia Marine Inspection Zone and Captain of the Port Zone.
Zone.
3.25-10 Hampton Roads Marine Inspection Zone and Captain of the Port
Zone.
Subpart 3.70—Fourteenth Coast Guard District
3.25-15 Baltimore Marine Inspection Zone and Captain of the Port Zone.
3.25-20 Wilmington Marine Inspection Zone and Captain of the Port Zone. 3.70-1 Fourteenth district
3.70-10 Honolulu Marine Inspection Zone and Captain of the Port Zone.
Subpart 335—Seventh Coast Guard District 3.70-15 Guam Marine Inspection Zone and Captain of the Port Zone.
3.35-1 Seventh district
3.35-10 Miami Marine Inspection Zone and Captain of the Port Zone. Subpart 3.85—Seventeenth Coast Guard District
3.35-15 Charleston Marine Inspection Zone and Captain of the Port Zone. 3.85-1 Seventeenth district
3.35-20 Jacksonville Marine Inspection Zone and Captain of the Port 3.85-10 Southeast Alaska Marine Inspection Zone and Captain of the Port
Zone. Zone.
3.35-25 San Juan Marine Inspection Zone and Captain of the Port Zone. 3.85-15 Western Alaska Marine Inspection Zone and Captain of the Port
3.35-30 Savannah Marine Inspection Zone and Captain of the Port Zone. Zone.
3.35-35 Tampa Marine Inspection Zone and Captain of the Port Zone. 3.85-20 Prince William Sound Marine Inspection Zone and Captain of the
Port Zone.
Subpart 3.40—Eighth Coast Guard District
3.40-1 Eighth district AUTHORITY: 14 U.S.C. 633; 49 CFR 1.45, 1.46.
3.40-10 Mobile Marine Inspection Zone and Captain of the Port Zone.
Subpart 3.01—General Provisions
3.40-15 New Orleans Marine Inspection Zone and Captain of the Port
Zone.
3.01-1 General description.
(a) The structure of the Coast Guard's general organization for the

PAGE 1
33 CFR PART 3 10
M.E.T. PUBLICATION 515 — 5TH EDITION

performance of its assigned functions and duties consists of the Comman-


dant, assisted by the Headquarters staff, two Area Offices to act as
intermediate echelons of operational command, and District Offices to
provide regional direction and coordination. The District Offices operate
within defined geographical areas of the United Stales, its territories, and
possessions, including portions of the high seas adjacent thereto. The
description of the districts is established by the Commandant under the
authority delegated by 49 CFR 1.45 and 1.46.
(b) The two Coast Guard Areas are the Atlantic Area (see §3.04-1) and
the Pacific Area (see §3.04-3). The Coast Guard Area Commander is in
command of a Coast Guard Area; the offices are referred to as a Coast Guard
Area Office. The office of the Commander, Atlantic Area, is located in the
Fifth Coast Guard District and the Commander, Atlantic Area, also serves as
the Fifth District Commander. The office of the Commander, Pacific Area, is
located in the Eleventh Coast Guard District and the Commander, Pacific
Area, also serves as the Eleventh District Commander. Area Commanders
have the responsibility of determining when operational matters require the
coordination of forces and facilities of more than one district
(c) The Coast Guard District Commander is in command of a Coast Guard
District and his office may be referred to as a Coast Guard District Office.
(See §1.01-20of this subchapter.)
(d) An Officer in Charge, Marine Inspection, is in command of a Marine
Inspection Zone and his office may be referred to as a Coast Guard Marine
Inspection Office. (See §1.01-20of this subchapter.)
(e) The Captain of the Port is in command of a Captain of the Port Area
and his office may be referred to as a Captain of the Port Office. (See §1.01-
30 of this subchapter.)
(f) Each Captain of the Port Area and each Marine Inspection Zone
described in this part also includes the United Stales territorial seas adjacent
to the described Area or Zone for the purpose of enforcing or acting pursuant
to a statute effective in the United States territorial seas. Each Captain of the
Port Area and each Marine Inspection Zone described in this part also
includes the Contiguous Zone adjacent to the Area or Zone for the purpose
of enforcing or acting pursuant to a statute effective in the Contiguous Zone.
(See §§2.05-5 and 2.05-15.) Each Captain of the Port Zone and each Marine
Inspection Zone described in this part also includes the Exclusive Economic
Zone (EEZ) adjacent to the area for the purpose of enforcing or acting
pursuant to a statute effective in the EEZ.
(g) Geographic coordinates expressed in terms of latitude or longitude, or
born, are not intended for plotting on maps or charts whose referenced
horizontal datum is the North American Datum of 1983 (NAD 83), unless
such geographic coordinates are expressly labeled NAD 83. Geographic
coordinates without the NAD 83 reference may be plotted on maps or charts
referenced to NAD 83 only after application of the appropriate corrections
that are published on the particular map or chart being used. [CGFR 70-150,
36 FR 909, Jan. 20, 1971, as amended by CGD 77-031, 42 FR 48022, Sept. 22,
1977: CGD 87-008, 52 FR 13083, Apr. 21, 1987; CGD 87-008b, 52 FR 25217, July
6, 1987; CGD 86-082, 52 FR 33810, Sept. 8, 1987; CGD 93-020, 58 FR 51726, Oct.
4, 1993; 61 FR 29958, June 13, 1996].

PAGE 2 33 CFR PART 3 11


M.E.T. PUBLICATION 515 — 5TH EDITION

TITLE 33 AUTHORITY: 40 Stat. 220, as amended; 50 U.S C. 191. SOURCE: E. 0.


CODE OF FEDERAL REGULATIONS 10173, 15 FR 7012, Oct. 20, 1950, unless otherwise noted.
PART 6 - PROTECTION AND SECURITY OF CROSS REFERENCE: For regulations implementing the general enforce-
VESSELS, HARBORS, AND WATERFRONT ment provisions contained in Subparts 6.01-Definitions and 6.04-General
FACILITIES Provisions, see part 125 of this chapter.

[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

TABLE OF CONTENTS 6.01-2 District Commander.


District Commander as used in this part, means the officer of the Coast
Subpart 6.01—Definitions Guard designated by the Commandant to command a Coast Guard District
6.01-1 Commandant
6.01-2 District Commander 6.01-3 Captain of the Port.
6.01-3 Captain of the Port. Captain of the Port as used in this part, means the officer of the Coast
Guard, under the command of a District Commander, so designated by the
6.01-4 Waterfront facility.
Commandant for the purpose of giving immediate direction to Coast Guard
6.01-5 Security zone
law enforcement activities within his assigned area. In addition, the District
Commander shall be Captain of the Port with respect to remaining areas in
Subpart 6.04—General Provisions his District not assigned to officers designated by the Commandant as
6.04-1 Enforcement Captain of the Port.
6.04-5 Preventing access of persons, articles or things to vessels, or [EO 11249, 30 FR 13001, Oct. 13, 1965]
waterfront facilities.
6.04-6 Establishing security zones; prohibitions with respect thereto 6.01-4 Waterfront facility.
6.04-7 Visitation, search, and removal Waterfront facility as used in this part, means all piers, wharves, docks,
6.04-8 Possession and control of vessels and similar structures to which vessels may be secured; areas of land, water,
6.04-11 Assistance of other agencies or land and water under and in immediate proximity to them;
buildings on such structures or contiguous to them and equipment and
materials on such structures or in such buildings.
Subpart 6.10—Identification and Exclusion of Persons From Vessels
and Waterfront Facilities [EO 11249, 30 FR 13001, Oct. 13, 1965]
6.10-1 Issuance of documents and employment of persons aboard
vessels. 6.01-5 Security zone.
Security zone as used in this part, means all areas of land, water, or land
6.10-5 Access to vessels and waterfront facilities
and water, which are so designated by the Captain of the Port for such time
6.10-7 Identification credentials
as he deems necessary to prevent damage or injury to any vessel or
6.10-9 Appeals. waterfront facility, to safeguard ports, harbors, territories, or waters of the
United States or to secure the observance of the rights and obligations of the
Subpart 6.12—Supervision and Control of Explosives or Other Dan- United States.
gerous Cargo [EO 11243, 30 FR 13001, Oct. 13, 1965]
6.12-1 General supervision and control
6.12-3 Approval of facility for dangerous cargo. Subpart 6.04—General Provisions

Subpart 6.14—Security of Waterfront Facilities and Vessels in Port 6.04-1 Enforcement


6.14-1 Safety measures. (a) The rules and regulations in this part shall be enforced by the captain
6.14-2 Condition of waterfront facility a danger to vessel. of the port under the supervision and general direction of the District
Commander and the Commandant, and all authority and power vested in
the captain of the port by the regulations in this part shall be deemed vested
Subpart 6.16—Sabotage and Subversive Activity
in and may be exercised by the District Commander and the Commandant
6.16-1 Reporting of sabotage and subversive activity
(b) The rules and regulations in this part may be enforced by any other
6.16-3 Precautions against sabotage officer of the Coast Guard designated by the Commandant or the District
Commander
Subpart 6.18—Penalties [E.O. 10173, 15 FR 7012, Oct. 20, 1950, as amended by EO 10277, 16 FR 7541.
6.18-1 Violations. Aug. 2, 1951]

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

6.12-1 General supervision and control 6.18-1 Violations.


The Captain of the Port may supervise and control the transportation, Section 2, Tine II of the act of June 15, 1917, as amended, 50 U.S.C. 192,
handling, loading, discharging, stowage, or storage of hazardous materials provides as follows:
on board vessels as covered by the regulations in 49 CFR parts 170-189, 46 If any owner, agent, master, officer, or person in charge, or any member
CFR parts 150-156, 46 CFR parts 146-148 and the regulations governing of the crew of any such vessel fails to comply with any regulation or rule
tank vessels (46 CFR parts 30-39). issued or order given under the provisions of this title, or obstructs or
[CGD 77-228, 43 FR 53427, Nov. 16, 1978] interferes with the exercise of any power conferred by this title, the vessel,
together with her tackle, apparel, furniture, and equipment, shall be subject
6.12-3 Approval of facility for dangerous cargo. to seizure and forfeiture to the United States in the same manner as mer-
The Commandant may designate waterfront facilities for the handling chandise is forfeited for violation of the customs revenue laws; and the
and storage of, and for vessel loading and discharging, explosives, person guilty of such failure, obstruction, or interference shall be punished
inflammable or combustible liquids in bulk, or other dangerous articles or by imprisonment for not more than ten years and may, in the discretion of
cargo covered by the regulations referred to in §6.12-1, and may require the court, be fined not more than $10,000.
the owners, operators, masters, and others concerned to secure permits for (a) If any other person knowingly fails to comply with any regulation or
such handling, storage, loading, and unloading from the Captain of the Port, rule issued or order given under the provisions of this title, or knowingly
conditioned upon the fulfillment of such requirements for the safeguarding obstructs or interferes with the exercise of any power conferred by this title,
of such waterfront facilities and vessels as the Commandant may prescribe. he shall be punished by imprisonment for not more than ten years and may,
at the discretion of the court, be fined not more than $10,000.

PAGE 2 33 CFR PART 6


13
M.E.T. PUBLICATION 515 — 5TH EDITION

Subpart 6.19—Responsibility for Security of Vessels


and Waterfront Facilities

6.19-1 Primary responsibility.


Nothing contained in this part shall be construed as relieving the masters,
owners, operators, and agents of vessels or other waterfront facilities from their
primary responsibility for the protection and security of such vessels or
waterfront facilities.
[EO 10277, 16 FR 7541. Aug. 2, 1951]

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.

Subpart A—General Subpart H—Evidence


20.101 Scope. 20.801 General
20.102 Definitions 20.802 Admissibility of evidence
20.103 Construction and waiver of rules 20.803 Hearsay evidence.
20.804 Objections and offers of proof.
Subpart B—Administrative Law Judges 20.805Proprietary information.
20.201 Assignment 20.806 Official notice
20.202 Powers 20.807 Exhibits and documents
20.203 Unavailability 20.808 Written testimony.
20.204 Withdrawal or disqualification 20.809 Stipulations.
20.205 Ex parte communications
20.206 Separation of functions Subpart I—Decisions
20.901 Summary decision.
Subpart C—Pleadings and Motions 20.902 Decision of the Administrative Law Judge
20.301 Representation. 20.903 Record of proceedings.
20.302 Filing of documents and other materials 20.904 Reopening.
20.303 Form and content of filed documents.
20.304 Service of documents Subpart J—Appeals
20.305 Amendment or supplementation of filed documents. 20.1001 General
20.306 Computation of time. 20.1002 Record on appeal
20.307 Complaint 20.1003 Procedures for appeal.
20.308 Answer 20.1004 Civil penalty appeal decisions.
20.309 Motions
20.310 Default by respondent. Subpart K—Finality, Petitions for Hearing, and Availability of Orders
20.311 Withdrawal or dismissal. 20.1101 Finality.
20.1102 Petitions to set aside a decision and provide a hearing.
Subpart D—Proceedings 20.1103 Availability of decisions.
20.401 Initiation of class II civil penalty proceedings
20.402 Public notice AUTHORITY: 33 U.S.C. 1321, 42 U.S.C. 9609; 49 CFR 1.46. SOURCE:
20.403 Consolidation or severance of class II civil penalty proceedings. CGD 91-228, 59 FR 15022, Mar 30, 1994, unless otherwise noted.
20.404 Interested persons
Subpart A—General
Subpart E—Conferences and Settlement
20.501 Conferences 20.101 Scope.
20.502 Settlement (a) Except as specifically noted, these rules of practice and procedure
apply to the following civil penalty proceedings before the United States
20.503 Alternative dispute resolution
Coast Guard.
(1) Class II civil penalties assessed under section 311(b) of the Federal
Subpart F—Discovery Water Pollution Control Act, (33 U.S.C. 1321(b)(6))
20.601 General (2) Class II civil penalties assessed under section 109 of the Comprehen-
20.602 Additional response sive Environmental Response, Compensation and Liability Act (42 U.S.C.
20.603 Interrogatories 9609(b)).
20.604 Requests for production of documents or things for inspection or (b) In the absence of a specific provision in this part, the Federal Rules
other purposes of Civil Procedure will be generally followed.
20.605 Depositions
20.606 Protective order 20.102 Definitions.
20.607 Sanctions for failure to comply Administrative Law Judge means any person designated by the
20.608 Subpoenas Commandant under the Administrative Procedure Act (5 U.S.C. 556(b)) for

PAGE 1 33 CFR PART 20


15
M.E.T. PUBLICATION 515 — 5TH EDITION
the purpose of conducting hearings arising under 33 U.S.C. 1321(b) and 42 (e) Hold hearing or settlement conferences;
U.S.C. 9609(b). (f) Regulate the course of hearings;
Chief Administrative Law Judge means the Administrative Law Judge (g) Call and question witnesses;
appointed as the Chief Administrative Law Judge of the U.S. Coast Guard (h) Issue decisions;
by the Commandant (i) Exclude any person from a hearing or conference for disrespect,
Civil penalty proceeding means a trial-type proceeding for the disorderly or rebellious conduct; and
assessment of a civil penalty that offers an opportunity for an oral, feet- (j) Take any other action consistent with law and Coast Guard policy
finding hearing before an Administrative Law Judge. authorized by the Chief Administrative Law Judge.
Coast Guard Representative means a Coast Guard official who has been [CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]
designated to prosecute a class II civil penalty.
Commandant means the Commandant of the U.S. Coast Guard. The term 20.203 Unavailability.
Commandant includes the Vice-Commandant of the Coast Guard acting on (a) In the event that an Administrative Law Judge is unable to perform
behalf of the Commandant in any proceeding. the duties described in §20.202 or otherwise becomes unavailable, the
Complaint means a document issued by a Coast Guard Representative Chief Administrative Law Judge shall designate a successor.
alleging a violation for which a penalty may be administratively assessed (b) If a hearing has been commenced and an Administrative Law Judge
under 33 U.S.C. 1321(b) or 42 U.S.C. 9609(b). is unable to proceed, a successor Administrative Law Judge may proceed
Hearing Docket Clerk means an employee of the Office of the Chief Ad- with a hearing in a case. The successor Administrative Law Judge may, at
ministrative Law Judge who is responsible for receiving documents, deter- the request of a party, recall any witness whose testimony is material and
mining their completeness and legibility, and distributing them to the disputed and who is available to testily again without undue burden. The
Administrative Law Judge and others, as required by this part. successor Administrative Law Judge may, within his or her discretion,
Interested person means a person who, as provided in §20.404, files recall any other witness.
written comments on a proposed class II civil penalty assessment or files [CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]
written notice of intent to present evidence in any hearing held on the
proposed class II civil penalty assessment 20.204 Withdrawal or disqualification.
Mail includes U.S. first-class mail, U.S. certified mail, U.S. registered (a) An Administrative Law Judge may at any time disqualify herself or
mail, or an express courier service. himself.
Motion means a request for an order or ruling from an Administrative (b) Prior to the filing of the Administrative Law Judge's decision,
Law Judge. either party may move that the Administrative Law Judge disqualify
Party means a respondent or the Coast Guard. herself or himself on the ground of personal bias or other disqualification,
Person includes an individual, partnership, corporation, association, by filing with the Administrative Law Judge promptly upon discovery of
public or private organization, or a government agency. the alleged facts an affidavit setting forth in detail the matters alleged to
Personal delivery includes hand delivery or use of a contract or express constitute grounds for disqualification.
courier service. "Personal delivery" docs not include the use of government (1) The Administrative Law Judge shall rule upon the motion, stating
interoffice mail service. the grounds for the ruling. If the Administrative Law Judge concludes
Pleading means a complaint, an answer, any document and any that the motion is timely and has merit, the Administrative Law Judge
amendment to a document permitted under this part. shall disqualify herself or himself and withdraw from the proceeding. If
Respondent means a person charged with a violation in a complaint the Administrative Law Judge does not disqualify herself or himself and
issued under this part withdraw from the proceeding, the Administrative Law Judge shall
[61 FR 33660, June 28, 1996] proceed with the proceeding, or if a hearing has been concluded, proceed
with the issuance of a decision.
20.103 Construction and waiver of rules. (2) An Administrative Law Judge's denial of a motion for disqualifi-
(a) These rules will be construed to secure a just, speedy, and inexpen- cation may be appealed to the Commandant at the conclusion of the
sive determination in every class II civil penalty proceeding. hearing according to the procedures in subpart J of this part. When the
(b) Except to the extent that a waiver would be contrary to law, the appeal is made, the Administrative Law Judge forwards the motion and
Commandant, the Chief Administrative Law Judge or a presiding Adminis- supporting affidavits or sworn statements with the ruling to the
trative Law Judge may, after notice, waive any of these rules to prevent Commandant.
undue hardship or manifest injustice, or if the expeditious conduct of a case
so requires. 20.205 Ex parte communications.
Ex parte communications are governed by section 557(d) of the
Subpart B—Administrative Law Judges Administrative Procedure Act (5 U.S.C. 557(d)).

20.201 Assignment 20.206 Separation of functions.


An Administrative Law Judge, assigned by the Chief Administrative Law (a) An Administrative Law Judge may not be responsible to or subject
Judge following receipt of the complaint, shall preside over each class II the supervision or direction of an officer, employee, or agent engaged in
civil penalty proceeding. the performance of investigating or prosecuting functions for the Coast
Guard.
20.202 Powers. (b) No officer, employee, or agent of the Coast Guard engaged in the
The Administrative Law Judge shall have all powers necessary to the performance of investigations or prosecutorial functions in connection
conduct of fair, expeditious, and impartial hearings, including the power with any class II civil penalty proceeding shall, in that proceeding or one
to— that is factually related, participate or advise in the decision of the
(a) Administer oaths and affirmations; Administrative Law Judge or the Commandant on appeal, except as a
(b) Issue subpoenas authorized by law; witness or counsel in the proceeding or appellate review.
(c) Rule on motions;
[CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]
(d) Order discovery as provided in this part;

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

PAGE 3 33 CFR PART 20


17
M.E.T. PUBLICATION 515 — 5TH EDITION
location. If service is by mail, facsimile transmission, or other electronic (1) The answer must admit or deny each numbered paragraph of the
means, service is complete upon deposit in the mail or completion of the complaint A statement that the person is without sufficient knowledge or
electronic transmission. information to admit or deny will have the effect of a denial. Except as
(h) A document that was properly addressed, was sent in accordance with provided in this paragraph, any allegation in the complaint that is not
this subpart, and returned, showing that it was not claimed, or was refused, specifically denied in the answer is deemed admitted.
is deemed to have been served in accordance with this subpart. The service (2) A general denial of the complaint is deemed a failure to file an
will be considered valid as of the date and the time that the document was answer.
deposited with a contract or express messenger, the document was mailed, (d) A respondent's failure to file an answer without good cause will be
or personal delivery of the document was refused. deemed an admission of the truth of each allegation contained in the
complaint
20.305 Amendment or supplementation of filed documents.
(a) A party or interested person shall amend or supplement a previously 20.309 Motions.
filed pleading or document if the person learns of a material change that (a) A person applying for an order or ruling not specifically provided in
may affect the outcome of the class II civil penalty proceeding. However, no this subpart shall do so by motion. All written motions must comply with
amendment will be allowed that would broaden the issues without an the form, filing, and service requirements of this subpart All motions must
opportunity for the parties to reply to the amendment and to allow state clearly and concisely—
preparation for the broadened issues. (1) The purpose of and the relief sought by the motion;
(b) The Administrative Law Judge may approve other amendments or (2) The statutory or regulatory authority relied upon; and
supplements to filed documents. (3) The facts alleged to constitute the grounds requiring the relief
(c) Parties shall notify the Hearing Docket Clerk, Administrative Law requested.
Judge, and all other parties or their representatives of any change of address. (b) A proposed order may be attached to a motion.
(c) Motions must be in writing, except that a motion made at a hearing
will be sufficient if stated orally upon the record unless the Administrative
20.306 Computation of time.
Law Judge directs that it be reduced to writing.
(a) In computing any period of time prescribed in this part, the day on
(d) Except as otherwise provided in this part, a party must file any
which the designated period begins to run is not included. The last day of
response to a motion within 10 days following service of a written motion.
the period so computed is included unless it is a Saturday, Sunday, or
When a motion is made during a hearing, an oral response may be made at
Federal holiday. When the period of time prescribed is 7 days or less,
the hearing or in writing, within a reasonable time, as determined by the
intermediate Saturdays, Sundays, and Federal holidays are excluded in the
Administrative Law Judge.
computation.
(e) Unless otherwise ordered by the Administrative Law Judge, the filing
(b) If service or filing is by domestic mail, 3 days will be added to the
of a motion does not stay a proceeding.
designated period for response.
(f) Rulings will be made on the record either orally or in writing. The
(c) If service or filing is by mail to a foreign country, 20 days will be
Administrative Law Judge may summarily deny dilatory, repetitive, or
added to the designated period for response.
frivolous motions.
(d) An Administrative Law Judge, for cause shown, may at any time in his
or her discretion—
(1) With or without motion or notice, order a time period extended if 20.310 Default by respondent.
request for extension is made before the end of the original time period, or (a) A respondent may be found to be in default upon failure to file a
as extended by a previous order, or timely answer to we complaint or, after motion, upon failure to appear at a
(2) Upon motion made after the expiration of the time period, permit the conference or hearing without good cause being shown.
act to be done where the failure to act was excusable. (b) Any motion for default must conform to the rules of form, service, and
filing of this subpart and must include a proposed decision. The respondent
alleged to be in default has 20 days from service to file a reply to the
20.307 Complaint.
motion.
(a) The complaint must set forth—
(1) The statute or regulation allegedly violated; (c) Default by respondent constitutes, for purposes of the pending action
(2) The pertinent facts involved; and only, an admission of all facts alleged in the complaint and a waiver of
(3) The amount of the requested class II civil penalty. respondent's right to a hearing on such factual allegations.
(b) The Coast Guard Representative should request the place of hearing (d) Upon finding that a default has occurred, the Administrative Law
when filing the complaint Judge shall issue a decision against the defaulting party.
(c) The complaint must conform with the filing and service requirements (e) For good cause shown, the Administrative Law Judge may set aside a
of this subpart. finding of a default

20.308 Answer. 20.311 Withdrawal or dismissal.


(a) The respondent shall file a written answer to the complaint not later (a) A class II civil penalty proceeding may be withdrawn without any
than 20 days after service of the complaint The answer must conform with action by an Administrative Law Judge in the following manner
the filing and service requirements of this subpart. (1) By the filing of a stipulation by all parties who have appeared in the
(b) The person filing an answer shall indicate whether he or she agrees class II civil penalty proceeding;
with the place of hearing proposed in the complaint and, if necessary, shall (2) By the filing of a notice of withdrawal by the Coast Guard Represen-
request another location for the hearing when filing the answer. tative at any time before the respondent has served a responsive pleading;
(c) An answer must state whether or not the respondent intends to contest or
any of the violations set forth in the complaint The answer must include any (3) With respect to a complaint filed under section 311(b)(6) of the Fed-
affirmative defenses that the respondent intends to assert at the hearing. eral Water Pollution Control Act (33 U.S.C. 1321(b)(6)), by the filing of a
notice of withdrawal by the Coast Guard Representative at any time after the
respondent has served a responsive pleading and prior to the issuance

33 CFR PART 20
PAGE 4
18
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—

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M.E.T. PUBLICATION 515 — 5TH EDITION
(1) An admission of all jurisdictional facts; (2) The identity of each person expected to be called as a witness, the
(2) An express waiver of further procedural steps before the Administra- subject matter on which the person is expected to testify, and a summary of
tive Law Judge, of any right to challenge or contest the validity of the the testimony; and
decision entered into in accordance with the settlement, and of all rights to (3) Any information previously provided if—
seek judicial review or otherwise to contest the validity of the decision; (i) The party or interested person knows the information was incorrect or
(3) A statement that the decision will have the same force and effect as a incomplete when made; or
decision made after at a foil hearing; and (ii) The party or interested person knows that the information, though
(4) A statement that matters in the pleading, if any, required to be correct when made, is no longer accurate and the circumstances are such
adjudicated have been resolved by the proposed decision. that a failure to amend or supplement the response is, in substance, a
knowing concealment
20.503 Alternative dispute resolution. (b) An additional duty to amend or supplement may be imposed by order
The Administrative Law Judge may appoint a settlement adjudicator or of the Administrative Law Judge.
order alternative dispute resolution proceeding with the consent of all
parties. 20.603 Interrogatories.
(a) Any party requesting interrogatories shall make a motion to the
Subpart F—Discovery Administrative Law Judge. The motion must include—
(1) A statement of the purpose and general scope of the interrogatories;
20.601 General. and
(a) Unless otherwise ordered by the Administrative Law Judge, each (2) The proposed interrogatories.
party and interested person who has filed written notice of intent to present (b) The Administrative Law Judge will review the proposed interrogato-
evidence under §20.404 shall make available to all other parties, to the ries and may enter an order approving the service of some or all of the
Administrative Law Judge and, upon request, to interested persons— proposed interrogatories or may deny the motion.
(1) The names of any expert and other witnesses intended to be called, (c) A party shall serve on the party named in the interrogatories the
together with a brief narrative summary of their expected testimony or approved written interrogatories.
written testimony; and (d) Each interrogatory must be answered separately and fully in writing
(2) Copies of all documents and exhibits which are to be introduced into under oath or affirmation, unless it is objected to, in which event the
evidence. reasons for the objection shall be stated instead of a response. A party, the
(b) The Administrative Law Judge may direct the exchange of witness party's attorney, or the party's representative shall sign the party's responses
lists and documents during a prehearing conference ordered under §20.501 to interrogatories.
or may direct the exchange be accomplished by correspondence. (e) Responses or objections must be filed within 30 days after the service
(c) The Administrative Law Judge may establish a schedule for con- of the interrogatories.
ducting discovery in the proceedings and shall serve a copy of the schedule (f) If the response to an interrogatory may be derived or ascertained from
on each party. the records of the party upon whom the interrogatory has been served, from
(1) The schedule may include dates by which exchanges of witness lists an examination, audit, or inspection of such records, or from a compilation,
and exhibits, requests for discovery, and any objections to discovery abstract, or summary based thereon, and the burden of deriving or ascer-
requests are to be filed. taining the response is substantially the same for the party serving the
(2) Unless otherwise ordered by the Administrative Law Judge, exchange interrogatory as for the party served, it is a sufficient response to specify the
of witness lists and documents shall be completed no less than 15 days records from which the answer may be derived or ascertained. The party
prior to hearing, and final exchanges of proposed exhibits should be made serving the interrogatory shall be afforded reasonable opportunity to
in accordance with §20.807. examine, audit, or inspect the records and to make copies, compilations,
(d) Further discovery shall be permitted only by order upon determina- abstracts, or summaries. The specification must include sufficient detail to
tion by the Administrative Law Judge— permit the interrogating party to locate and identify the individual records
(1) That such discovery will not in any way unreasonably delay the from which the answer may be ascertained.
proceeding;
(2) That the information to be obtained is not otherwise obtainable; 20.604 Requests for production of documents or things for inspection
(3) That such information has significant probative value; or other purposes.
(4) That the information requested is not cumulative or repetitious; and (a) Any party requesting production of documents or things for inspection
(5) That the method or scope of discovery requested by the party is not or other purposes shall make a motion to the Administrative Law Judge.
unduly burdensome or expensive and is the least burdensome method The motion must state with particularity—
available. (1) The purpose and scope of the request; and
(e) A motion for discovery shall set forth— (2) The documents and materials which are requested to be produced.
(1) The circumstances warranting the taking of the discovery; (b) The Administrative Law Judge will review the motion and may enter
(2) The nature of the information expected to be discovered; and an order approving or denying the motion in whole or in part.
(3) The proposed method of discovery and the time and place where it (c) A party shall serve on the party in possession, custody or control of
will be taken. the documents the order to produce, or to permit inspection and copying of
(f) If the Administrative Law Judge determines that the motion should be documents.
granted, the Administrative Law Judge shall issue an order for the taking (d) A party may, after approval of an appropriate motion by the Admin-
of discovery together with conditions and terms. istrative Law Judge, inspect and copy, test, or sample any tangible things
that contain or may lead to relevant information and that are in the pos-
20.602 Additional response. session, custody, or control of the party upon whom the request is served.
(a) A party or an interested person shall amend or supplement in a timely (e) A party may, after approval of an appropriate motion by the Admin-
fashion— istrative Law Judge, serve on another party a request to permit entry upon
(1) The documents and exhibits that the party or interested person designated property in the possession or control of the party upon whom
intends to introduce into evidence;

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

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M.E.T. PUBLICATION 515 — 5TH EDITION
person from whom discovery is sought— affirmative defense by a preponderance of the evidence.
(1) Restrict or defer disclosure by a party of the name of a witness or, in
the case of an agency witness, any prior statement of the witness; and 20.702 Burden of proof.
(2) Prescribe other appropriate measures to protect a witness. (d) Any (a) Except in the case of an affirmative defense, or as provided in
party affected by any such order shall have an adequate opportunity, once paragraph (b) of this section, the burden of proof is on the Coast Guard.
learning of the name of the witness and obtaining a narrative summary of (b) Except as otherwise provided by statute or rule, the proponent of a
expected testimony, or in the case of a Coast Guard witness, any prior motion, request, or order has the burden of proof.
statement or statements, to prepare for cross-examination and for the
presentation of the party's case.
20.703 Presumptions.
In all class II civil penalty proceedings, a presumption imposes on the
20.607 Sanctions for failure to comply. party against whom it is directed the burden of going forward with evidence
If a party fails to provide or permit discovery, the Administrative Law to rebut or meet the presumption, but a presumption does not shift to such
Judge may take such action as is just, including but not limited to the party the burden of proof in the sense of the risk of nonpersuasion, which
following: remains throughout the hearing upon the party on whom it was originally
(a) Infer that the testimony, document, or other evidence would have been placed.
adverse to the party.
(b) Order that, for the purposes of the class II civil penalty proceeding,
20.704 Scheduling and notice of hearing.
designated facts will be considered to be established.
(a) The Administrative Law Judge shall be responsible for scheduling
(c) Order that the party withholding discovery not introduce into evidence
the hearing. With due regard for the convenience of the parties, their
or otherwise rely, in support of any claim or defense, upon documents or
representatives, or witnesses, the Administrative Law Judge, as early as
other evidence withheld.
possible, shall fix the time, place, and date for the hearing and shall notify
(d) Order that the party withholding discovery not introduce into
all parties and interested persons.
evidence, or otherwise use in the hearing, information obtained in
(b) A request for a change in the time, place, or date of a hearing may be
discovery.
granted by the Administrative Law Judge.
(e) Order that the party withholding discovery not be heard to object to
(c) At any time after commencement of a proceeding, any party may
introduction and use of secondary evidence to show what the withheld
move to expedite the scheduling of a proceeding. A party moving to
admission, testimony, documents, or other evidence would have shown.
expedite a proceeding shall—
(1) Describe the circumstances justifying the motion to expedite; and
20.608 Subpoenas. (2) Incorporate in the motion affidavits to support any representations of
(a) The Administrative Law Judge may issue subpoenas for the fact
attendance and the giving of testimony or for the production of books, (d) Following timely receipt of the motion and any responses, the Ad-
papers, documents, or any other relevant evidence. Parties shall request the ministrative Law Judge may expedite pleading schedules, prehearing
issuance of subpoenas by motion. conferences, and the hearing, as appropriate.
(b) Upon application and for good cause shown, the Administrative Law
Judge shall apply to the United States District Court to issue an order
20.705 Failure to appear.
compelling the appearance and testimony of witnesses or for the production
A default under §20.310 may be entered against a respondent failing to
of evidence.
appear at a hearing unless—
(c) The person making service shall prepare a written statement setting
(a) Prior to the time for the hearing, the respondent shows good cause as
forth the dale, time and manner of service or setting forth the reasons the
to why neither the respondent nor the respondent's representative can
subpoena was not served. The statement shall be under oath or affirmed
appear; or
under the penalties of perjury. The statement shall be attached to a copy of
(b) Within 30 days of an order to show good cause, the respondent shows
the subpoena and returned to the Administrative Law Judge who issued the
good cause for failure to appear.
subpoena.

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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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

33 CFR PART 20 PAGE 10


24
M.E.T. PUBLICATION 515 — 5TH EDITION

of the hearing in the reply brief.


(c) A party may not file more than one appeal brief or reply brief, unless the
party has petitioned tile Commandant in writing, and the Commandant or the
Commandant's designee has granted leave to file an additional brief. The
Commandant will allow a reasonable time for the party to file the additional
brief.
(d) The Commandant has sole discretion to permit oral argument on the
appeal. On the Commandant's own initiative or upon written petition by any part,
the Commandant may find that oral argument will contribute substantially to the
development of the issues on appeal and may grant the parties an opportunity for
oral argument
(e) The Commandant may allow any person to file an amicus curiae brief in an
appeal of an Administrative Law Judge's decision. [CGD 91-228, 59 FR 15022, Mar.
30, 1994; 59 FR 45757, Sept. 2,1994]

20.1004 Civil penalty appeal decisions.


(a) The Commandant shall review the record on appeal to determine if the
Administrative Law Judge committed prejudicial error in the proceedings or if
the Administrative Law Judge's decision should be affirmed, modified, or
reversed. The Commandant may affirm, modify, or reverse the Administrative
Law Judge's decision or may remand the case for further proceedings.
(b) The Commandant shall issue a decision on an appeal in writing and shall
serve a copy of the decision on each party and interested person.

Subpart K—Finality, Petitions for Hearing, and Availability


of Orders

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

20.1102 Petitions to set aside a decision and provide a hearing.


(a) If no hearing is held on a class II civil penalty complaint, any interested
person may file a petition, within 30 days after the issuance of the order, asking
the Commandant to set aside an order assessing or denying a civil penalty and to
provide a hearing.
(b) If the Commandant decides that evidence presented by the interested
person in support of the petition is material and was not considered in the
issuance of the decision, the Commandant sets aside the decision and directs that
a hearing be held in accordance with the requirements of this part.
(c) If the Commandant denies a hearing requested under this section, the
Commandant provides to the interested person, and publishes in the Federal
Register, notice of and the reasons for the denial.

20.1103 Availability of decisions.


(a) Copies of decisions made in the adjudication of class II civil penalties are
available for inspection and copying at—
(1) The document inspection facility at any Coast Guard District office; or
(2) The Coast Guard Headquarters Hearing Docket Office Public Reading
Room.
(b) Requests for a copy of a decision may be made to the Hearing Docket
Clerk. The person requesting a copy will be billed for the copying costs in
accordance with 49 CFR 7.93.

PAGE 11 33 CFR PART 20


25
M.E.T. PUBLICATION 515 — 5TH EDITION

TITLE 33 Subpart F—Claims Not Cognizable Under Other Law


25.601 Scope
CODE OF FEDERAL REGULATIONS
25.603 Claims payable.
PART 25 - CLAIMS 25.605 Claims not payable.
25.607 Time limitation on claims.
25.609 Settlement and notice to claimant
[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 Subpart G—Article 139, Uniform Code of Military Justice
foreign vessels. If you need additional information listed in this Table of 25.701 Scope.
Contents that does not appear in the pages that follow, please write or fax us.
25.703 Claims payable.
We will be glad to furnish this information for a small service charge]
25.705 Claims not payable.
25.707 Time limitation on claims
25.709 Assessment limitation on claims
TABLE OF CONTENTS

Subpart H—Pollution Removal Damage Claims


Subpart A—General 25.801 Scope
25.101 Purpose 25.803 Claims payable
25.103 Information and assistance 25.805 Claims not payable.
25.105 Definitions
25.107 Who may present claims. Subpart A—General
25.109 Insurance and other subrogated claims.
25.111 Action by claimant
25.101 Purpose.
25.113 Contents of claim. This subpart prescribes the requirements for the administrative settlement
25.115 Evidence supporting a claim of claims, other than contract claims, against the United States, including
25.117 Proof of amount claimed for personal injury or death. claims arising from acts or omissions of employees of nonappropriated fund
25.119 Proof of amount claimed for loss of, or damage to, property activities within the United States, its territories, and possessions.
25.121 Effect of other payments to claimant
25.123 Settlement and notice to claimant. 25.103 Information and assistance.
25.125 Appeal. Any person who desires to file a claim against the United States Coast
25.127 Reconsideration. Guard arising out of the activities of the Coast Guard may obtain informa-
25.129 Acceptance of offer of settlement tion and assistance from the Coast Guard Maintenance and Logistics Com-
25.131 Delegation of authority mand Atlantic, located at Governor's Island, New York, New York, 10004,
or from the Coast Guard Maintenance and Logistics Command Pacific, lo-
25.133 Redelegations of authority
cated at Coast Guard Island, Alameda, California, 94501, or from Com-
25.135 Processing and settlement of claims in foreign countries.
mandant (G-LCL), U.S. Coast Guard, Washington, DC 20593, or from the
Commander of any Coast Guard District listed in 33 CFR Part 3.
Subpart B—Admiralty Claims [CGD 87-008b, 52 FR 25217, July 6, 1987]
25.201 Scope
25.203 Claims payable. 25.105 Definitions.
25.205 Claims not payable Accrual date. The day on which the alleged wrongful act or omission
25.207 Time limitation on claims results in injury or damage for which a claim is made or when the claimant
discovers, or in the exercise of reasonable diligence should have discov-
Subpart C—Federal Tort Claims ered, the alleged wrongful act or omission.
25.301 Scope Claim. A written notification of an incident accompanied by demand for
25.303 Procedure the payment of a sum certain of money, other than for ordinary obligations
incurred for services, supplies, or equipment
Settle. To consider, ascertain, adjust, determine, compromise (when
Subpart D—Military Claims
specifically authorized by law), and dispose of a claim by disapproval or
25 401 Scope
approval, in whole or in part
25.403 Claims payable Settlement authority. A person authorized to settle a claim.
25.405 Claims not payable [CGD 80-033, 46 FR 27109, May 18, 1981; 46 FR 29933, June 4, 1981]
25.407 Time limitation on claims
25.409 Appeal 25.107 Who may present claims.
(a) General rules:
Subpart E—Foreign Claims (1) A claim for property loss or damage may be presented by anyone
25.501 Scope having an interest in the property, including an insurer or other subrogee,
25.503 Proper claimants unless the interest is barred under §25.109(a).
25.505 Claimants excluded (2) A claim for personal injury may be presented by the person injured.
(3) A claim based on death may be presented by the executor or admin-
25.507 Claims payable
istrator of the decedent's estate, or any other person legally entitled to assert
25.509 Claims not payable
such a claim under local law The claimant's status must be stated in the
25.511 Time limitation on claims claim.
25.513 Amount claimed.
25.515 Settlement and notice to claimant

33 CFR PART 25 PAGE 1


26
M.E.T. PUBLICATION 515 — 5TH EDITION
(4) A claim for medical, hospital, or burial expenses may be presented by (c) A claimant or duly authorized agent or legal representative must sign
any person who by reason of family relationship has, in fact, incurred the in ink a claim and any amendment to that claim. If the person's signature
expenses. does not include the first name, middle initial, if any, and surname, that
(b) A joint claim must be presented in the names of and signed by, the information must be included in the claim. A married woman must sign her
joint claimants, and the settlement must be made payable to the joint claim in her given name, e.g., "Mary A. Doe," rather than "Mrs. John Doe."
claimants.
(c) A claim may be presented by a duly authorized agent, legal repre- Subpart E—Foreign Claims
sentative or survivor, if it is presented in the name of the claimant If the AUTHORITY: 10 U.S.C. 2734; 49 CFR 1.46(b).
claim is not signed by the claimant, the agent, legal representative, or
survivor shall indicate their title or legal capacity and provide evidence of 25.501 Scope.
their authority to present the claim. This subpart prescribes the requirements for the administrative settlement
(d) Where the same claimant has a claim for damage to or loss of of claims against the United States by a foreign country, political subdivi-
property and a claim for personal injury or a claim based on death arising sion or inhabitant thereof, for death, personal injury, damage to or loss of
out of the same incident, they must be combined in one claim. property occurring outside the United States, its territories,
commonwealths, or possessions, caused by a military member or civilian
25.111 Action by claimant employee of the Coast Guard, or otherwise incident to noncombat activities
(a) Form of claim. The claim must meet the requirements of §25.113. of the Coast Guard.
Authorized forms are available from the offices indicated in §25.103.
(b) Presentation. Whenever possible the claim must be presented to the 25.503 Proper claimants.
geographically appropriate Coast Guard Maintenance and Logistics Com- (a) The claimant, or the decedent in a death case, must have been an
mand. The Coast Guard Maintenance and Logistics Command Atlantic is inhabitant of a foreign country at the time of the incident giving rise to the
located at Governor's Island, New York, New York, 10004; Coast Guard claim and must not be otherwise excluded by §25.505. It is not necessary
Maintenance and Logistics Command Pacific is located at Coast Guard that a claimant be a citizen of, or legal domiciliary of the foreign country.
Island, Alameda, California, 94501. If that is not possible, the claim may (b) A corporation or other organization doing business in a foreign
also be presented to: country on a permanent basis may qualify as a proper claimant although
(1) The commanding officer of the Coast Guard unit involved; organized under United States law.
(2) A Coast Guard unit convenient to the claimant; or (c) The government of a foreign country or a political subdivision
(3) Chief, Claims and Litigation Division, Office of Chief Counsel, thereof is a proper claimant unless excluded by waiver provisions of
United States Coast Guard, Washington, DC, 20593. applicable international agreements.
In a foreign country, where mere is no Coast Guard unit, the claim is
considered presented to the Coast Guard if it is presented to the military
25.505 Claimants excluded.
attaché of any United States embassy or consulate or to the commanding
(a) Civilian employees of the United States and members of the aimed
officer of any unit of the armed services of the United States.
services of the United States and their dependents, who are in a foreign
(c) Time. The time limits for presenting claims are contained in the
country primarily because of their own or their sponsor's duty status.
following subparts addressing particular claim statutes. [CGD 80-033, 46 FR
(b) Other citizens of the United States, its territories, commonwealths, or
27108, May 18, 1981, is amended by CGD 87-008b, 52 FR 25217, July 6, 1987]
possessions, unless they can establish their status as inhabitants of the
foreign country.
25.113 Contents of claim. (c) An insurer or other subrogee.
(a) A claim under the Federal Tort Claims Act must be presented using
Standard Form 95, Claim for Damage, Injury, or Death. 25.507 Claims payable.
(b) A claim under any other Act may be presented using Standard Form (a) A claim is payable under this subpart if it was incident to a
95. Any claim which is not presented using Standard Form 95 shall include: noncombat activity of the Coast Guard or was caused by:
(1) The identity of the department, agency, or activity whose act or (1) A military member of the Coast Guard;
omission gave rise to the claim; (2) A civilian employee of the Coast Guard who is not a national of the
(2) The fill name and mailing address of the claimant. If this mailing country in which the incident occurred; or
address is not claimant's residence, the claimant shall also include residence (3) A civilian employee of the Coast Guard who is a national of the
address; country to which the incident occurred if:
(3) The date, time, and place of the incident giving rise to the claim; (i) The employee was within the scope of employment, or (ii) An
(4) The amount claimed, supported by independent evidence of property employer or owner of the property involved would be liable
damage or loss, personal injury, or death, as applicable; under local law.
(5) A detailed description of the incident giving rise to the claim; (b) The fact that the act giving rise to a claim may constitute a crime does
(6) A description of any property damage or loss, including the identity not, by itself bar relief.
of the owner, if other than the claimant, as applicable; (c) Local law or custom pertaining to contributory or comparative
(7) The nature and extent of the injury, as applicable; negligence, and to joint tort-feasors, are applied to the extent practicable.
(8) The full name, title, if any, and address of any witness to the incident
and a brief statement of the witness' knowledge of the incident;
25.509 Claims not payable.
(9) A description of any insurance carried by the claimant or owner of
A claim is not payable under this subpart if it
the property and the status of any insurance claim arising from the incident;
(a) Results from action by an enemy or directly or indirectly from an act
and
of the armed services of the United States in combat;
(10) An agreement by the claimant to accept the total amount claimed in
(b) Is purely contractual in nature;
full satisfaction and final settlement of the claim. (c) Is for death or personal injury of a United States employee for whom

PAGE 2 33 CFR PART 25


27
M.E.T. PUBLICATION 515 — 5TH EDITION

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

25.511 Time limitation on claims.


A claim may be settled only if presented in writing within two years after it
accrues. Under appropriate circumstances, a claim presented orally may be
considered.

25.513 Amount claimed.


The claimant shall state the amount claimed in the currency of the country
where the incident occurred or where the claimant resided at the time of the
incident

25.515 Settlement and notice to claimant.


If a claim is determined to be meritorious in any amount, a written
acceptance and release or a claim settlement agreement shall be signed by the
claimant before payment The release executed by the claimant shall release
the United States and also release the tort-feasor or the person who occasioned
the damage, injury, or death.

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]

26.03 Radiotelephone required.


TABLE OF CONTENTS (a) Unless an exemption is granted under §26.09 and except as provided
in paragraph (a)(4) of this section, this part applies to
26.01 Purpose (1) Every power-driven vessel of 20 meters or over in length while
26.02 Definitions. navigating,
26.03 Radiotelephone required. (2) Every vessel of 100 gross tons and upward carrying one or more
26.04 Use of the designated frequency. passengers for hire while navigating;
(3) Every towing vessel of 26 feet or over in length while navigating;
26.05 Use of radiotelephone.
and
26.06 Maintenance of radiotelephone, failure of radiotelephone (4) Every dredge and floating plant engaged in or near a channel or
26.07 Communications fairway in operations likely to restrict or affect navigation of other vessels
26.08 Exemption procedures. except for an unmanned or intermittently manned floating plant under the
26.09 List of exemptions control of a dredge.
26.10 Penalties (b) Every vessel, dredge, or floating plant described in paragraph (a) of
this section must have a radiotelephone on board capable of operation from
its navigational bridge, or in the case of a dredge, from its main control
AUTHORITY: 14 U.S C. 2; 33 U.S C. 1201-1208; 49 CFR 1.45(b), 1 46;
station, and capable of transmitting and receiving on the frequency or
Rule 1, International Regulations for the Prevention of Collisions at Sea frequencies within the 156-162 Mega-Hertz band using the classes of emis-
SOURCE: COD 71-114R, 37 FR 12720, June 28, 1972, unless otherwise sions designated by the Federal Communications Commission for the ex-
noted. change of navigational information.
(c) The radiotelephone required by paragraph (b) of this section must be
carried on board the described vessels, dredges, and floating plants upon
the navigable waters of the United States.
(d) The radiotelephone required by paragraph (b) of this section must be
capable of transmitting and receiving on VHF FM channel 22A (157.1
26.01 Purpose. MHz).
(a) The purpose of this part is to implement the provisions of the Vessel (e) While transiting any of the following waters, each vessel described in
Bridge-to-Bridge Radiotelephone Act This part paragraph (a) of this section also must have on board a radiotelephone
(1) Requires the use of the vessel bridge-to-bridge radiotelephone; capable of transmitting and receiving on VHF FM channel 67 (156.375
(2) Provides the Coast Guard's interpretation of the meaning of important MHz).
terms in the Act, (1) The lower Mississippi River from the territorial sea boundary, and
(3) Prescribes the procedures for applying for an exemption from the Act within either the Southwest Pass safety fairway or the South Pass safety
and the regulations issued under the Act and a listing of exemptions fairway specified in 33 CFR 166.200, to mile 242.4 AHP (Above Head of
(b) Nothing in this part relieves any person from the obligation of Passes) near Baton Rouge;
complying with the rules of the road and the applicable pilot rules. (2) The Mississippi River-Gulf Outlet from the territorial sea boundary,
and within the Mississippi River-Gulf outlet Safety Fairway specified in 33
26.02 Definitions. CFR 166.200, to that channel's junction with the Inner Harbor Navigation
For the purpose of this part and interpreting the Act. Canal, and
Secretary means the Secretary of the Department in which the Coast Guard (3) The fall length of the Inner Harbor Navigation Canal from its junction
is operating. with the Mississippi River to that canal's entry to Lake Pontchartrain at the
Act means the "Vessel Bridge-to-Bridge Radiotelephone Act", 33 New Seabrook vehicular bridge.
U.S.C. sections 1201-1208; (f) In addition to the radiotelephone required by paragraph (b) of this
Length is measured from end to end over the deck excluding sheer; section, each vessel described in paragraph (a) of this section while
Power-driven vessel means any vessel propelled by machinery, and transiting any waters within a Vessel Traffic Service Area, must have on
Towing vessel means any commercial vessel engaged in towing another board a radiotelephone capable of transmitting and receiving on the VTS
vessel astern, alongside, or by pushing ahead. designated frequency in Table 26.03(f) (VTS Call Signs, Designated Fre-
Vessel Traffic Services (VTS) means a service implemented under Part quencies, and Monitoring Areas)
161 of this chapter by the United States Coast Guard designed to improve Note: A single VHF-FM radio capable of scanning or sequential moni-
the safety and efficiency of vessel traffic and to protect the environment toring (often referred to as "dual watch" capability) will not meet the
The VTS has the capability to interact with marine traffic and respond to requirements for two radios
traffic situations developing in the VTS area.
Vessel Traffic Service Area or VTS Area means the geographical area

PAGE 1 33 CFR PART 26


29
M.E.T. PUBLICATION 515 — 5TH EDITION
Table 26.03(f) — Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas
Vessel traffic services' (call sign) Designated frequency2 (channel Monitoring area
designation)

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]

condition. If the radiotelephone equipment carried aboard a vessel ceases to


26.04 Use of the designated frequency. operate, the master shall exercise due diligence to restore it or cause it to be
(a) No person may use the frequency designated by the Federal restored to effective operating condition at the earliest practicable tune. The
Communications Commission under section 8 of the Act, 33 U.S.C. failure of a vessel's radiotelephone equipment shall not, in itself constitute a
1207(a), to transmit any information other than information necessary for violation of this Act, nor shall h obligate the master of any vessel to moor
the safe navigation of vessels or necessary tests. or anchor his vessel; however, the loss of radiotelephone capability shall be
(b) Each person who is required to maintain a listening watch under given consideration in the navigation of the vessel.
section 5 of the Act shall, when necessary, transmit and confirm, on the
designated frequency, the intentions of his vessel and any other information 26.07 Communications.
necessary for the safe navigation of vessels. No person may use the services of; and no person may serve as, a person
(c) Nothing in these regulations may be construed as prohibiting the use required to maintain a listening watch under section 5 of the Act, 33 U.S.C.
of the designated frequency to communicate with shore stations to obtain or 1204, unless the person can communicate in the English language.
furnish information necessary for the safe navigation of vessels. [CGD 90-020, 59 FR 36323, July 15, 1994. as amended by CGD 95-033, 60 FR
(d) On the navigable waters of the United States, channel 13 (156.65 28323, May 31, 1995]
MHz) is the designated frequency required to be monitored in accordance
with §26.05(a) except that in the area prescribed in §26.03(e), channel 67 26.08 Exemption procedures.
(156.375 MHz) is the designated frequency. (a) The Commandant has redelegated to the Chief, Marine Safety and
(e) On those navigable waters of the United States within a VTS area, Environmental Protection, U.S. Coast Guard Headquarters, with the res-
the designated VTS frequency is an additional designated frequency ervation that this authority shall not be further redelegated, the authority to
required to be monitored in accordance with §26.05. grant exemptions from provisions of the Vessel Bridge-to-Bridge
(85 Stat. 164; 33 U.S.C. 1201-1208; 49 CFR 1.46(n)(2)) Radiotelephone Act and this part.
[CGD 71-114R, 37 FR 12720, June 28, 1982, as amended by CGD 834136, 48 (b) Any person may petition for an exemption from any provision of the
FR 30107, June 30, 1983; CGD 31-046, 57 FR 14486, Apr. 21, 1992: 57 FR Act or this part;
21741, May 22, 1992; CGD 90-020, 59 FR 36323, July 15, 1994; CGD 95-033 FR (c) Each petition must be submitted in writing to U.S. Coast Guard,
28323, May 31, 1995] Marine Safety and Environmental Protection, 2100 Second Street SW.,
Washington, DC 20593-0001, and must state:
26.05 Use of radiotelephone. (1) The provisions of the Act or this part from which an exemption is
Section 5 of the Act states that the radiotelephone required by this Act is requested; and
for the exclusive use of the master or person in charge of the vessel, or the (2) The reasons why marine navigation will not be adversely affected if
person designated by the master or person in charge to pilot or direct the the exemption is granted and if the exemption relates to a local communi-
movement of the vessel, who shall maintain a listening watch on the cation system how that system would fully comply with the intent of the
designated frequency. Nothing herein shall be interpreted as precluding the concept of the Act but would not conform in detail if the exemption is
use of portable radiotelephone equipment to satisfy the requirements of this granted.
act. [CGD 71-114R, 37 FR 12720, June 28, 1972 as amended by CGD 73-256, 39 FR
[CGD 33-072, 59 FR 33963, Aug. 5, 1994] 9176, Mar. 8, 1974; CGD 88-052, 53 FR 25119, July 1, 1988; CGD 95-057, 60 FR
34150, June 30. 1995; 61 FR 33660, June 28, 1996]
26.06 Maintenance of radiotelephone; failure of radiotelephone.
Section 6 of the Act states: 26.09 List of exemptions.
(a) Whenever radiotelephone capability is required by this Act, a vessel's (a) All vessels navigating on those waters governed by the navigation
radiotelephone equipment shall be maintained in effective operating

PAGE 3 33 CFR PART 26


31
M.E.T. PUBLICATION 515 — 5TH EDITION

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 26 PAGE 4


32
M.E.T. PUBLICATION 515 — 5TH EDITION
aids to navigation operated by other persons.
TITLE 33 (b) This part describes the general characteristics of the U.S Aids to
CODE OF FEDERAL REGULATIONS Navigation System, and the details, policies and procedures employed by
PART 62 - UNITED STATES the Coast Guard in establishing, maintaining, operating, changing or dis-
AIDS TO NAVIGATION SYSTEM continuing Federal aids to navigation Regulations concerning the marking
of wrecks, structures, and other obstructions are found in 33 CFR part 64.
Regulations concerning private aids are found in 33 CFR part 66. Regu-
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." lations concerning the marking of artificial islands and structures which are
However, we reprinted only those subparts and sections of concern to foreign erected on or over the seabed and subsoil of the Outer Continental Shelf of
vessels. If you need additional information listed in this Table of Contents that does the United States or its possessions are found in 33 CFR part 67. Regula-
not appear in the pages that follow, please write or fax us. We will be glad to furnish tions concerning the marking of bridges are found in 33 CFR part 118
this information for a small service charge] Regulations concerning aids to navigation at deepwater ports are found in
subchapter NN of this chapter.
TABLE OF CONTENTS (c) The Coast Guard maintains systems of marine aids to navigation
consisting of visual, audible, and electronic signals which are designed to
Subpart A—General assist the prudent mariner in the process of navigation. The aids to
62.1 Purpose navigation system is not intended to identify every shoal or obstruction to
62.3 Definition of terms navigation which exists in the navigable waters of the United States, but
62.5 Marking of marine parades and regattas rather provides for reasonable marking of marine features as resources
permit The primary objective of the aids to navigation system is to mark
navigable channels and waterways, obstructions adjacent to these water-
Subpart B—The U.S. Aids to Navigation System
ways, and obstructions in areas of general navigation which may not be
62.21 General
anticipated Other waters, even if navigable, are generally not marked.
62.23 Beacons and buoys
[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR
62.25 Lateral marks 48608, Nov. 24, 1989]
62.27 Safe water marks
62.29 Isolated Danger Marks. 62.3 Definition of terms.
62.31 Special Marks. Certain terms as used in this subchapter are defined as follows:
62.33 Information and regulatory marks (a) Aid to Navigation The term aid to navigation means any device
62.35 Mooring buoys external to a vessel or aircraft intended to assist a navigator to determine
62.37 Lighthouses position or safe course, or to warn of dangers or obstructions to navigation.
62.39 Large navigational buoys (b) Commerce The term commerce, in addition to general, national and
62.41 Ranges. international trade and commerce of the United States, includes trade and
travel by seasonal passenger craft (marine and air), yachts, houseboats,
62.43 Numbers and letters
fishing boats, motor boats, and other craft, whether or not operated for hire
62.45 Light characteristics
or profit.
62.47 Sound signals (c) Commandant The term Commandant means the Commandant of the
62.49 Intracoastal Waterway identification. Coast Guard.
62.51 Western Rivers Marking System (d) District Commander. The term District Commander means the com-
62.53 Racons. mander of a Coast Guard District Coast Guard Districts are listed in Part 3
of this chapter.
Subpart C—Maritime Radiobeacons (e) Corps of Engineers. The term Corps of Engineers means the Corps of
62.55 General Engineers, Department of the Army.
62.57 Carrier type operation (f) Person The term person imparts both singular or plural, as the case
62.59 Calibration service. demands, and includes any Federal Agency, State, Territory, possession, or
public subdivision thereof, the District of Columbia, and any corporation,
62.61 Caution.
company, association, club, or other instrumentality.
(g) Navigable Waters of the United States. The term Navigable waters of
Subpart D—Public Participation in the Aids to Navigation System the United States is defined in §2.05-25(a) of this part
62.63 Recommendations.
62.65 Procedure for reporting defects and discrepancies 62.5 Marking of marine parades and regattas.
(a) The Coast Guard may establish aids to navigation to mark marine
AUTHORITY 14 U.S.C. 85, 33 U.S.C 1233, 43 U.S.C 1333, 49 CFR 1.46. parades and regattas which are regulated by the Coast Guard for the
SOURCE: CGD 86-031, 52 FR 42640, Nov 6, 1987, unless otherwise purpose of protecting life and property, or to assist in the observance and
noted. enforcement of special regulations. For marine parade and regatta
regulations, see Part 100 of this chapter.

Subpart B—The U.S. Aids to Navigation System


Subpart A—General
62.21 General.
62.1 Purpose.
(a) The navigable waters of the United States are marked to assist navi-
(a) The Coast Guard administers the U.S Aids to Navigation System The
gation using the U.S Aids to Navigation System, a system consistent with
system consists of Federal aids to navigation operated by the Coast Guard,
the International Association of Lighthouse Authorities (IALA) Maritime
aids to navigation operated by the other armed services, and private

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.

PAGE 3 33 CFR PART 62


35
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) Only sidemarks are numbered. However, aids other than those (f) Aids to navigation may be fitted with light-reflecting material to
mentioned above may be lettered to assist in their identification, or to increase their visibility in darkness. Green or red reflective material is used
indicate their purpose. Sidemarks may carry letters in addition to numbers only on marks which, if lighted, would exhibit a light of that color. Yellow
to identify the first aid to navigation in a waterway, or when new aids to reflective material is used on special marks and on Intracoastal Waterway
navigation are added to channels with previously completed numerical marks. No significance is attached to white reflective material.
sequences. Letters on sidemarks will follow alphabetical order from [CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR
seaward and proceeding toward the Conventional Direction of Buoyage and 48608, Nov. 24, 1989]
will be added to numbers as suffixes.
(c) Aids to navigation may be fitted with light-reflecting material to 62.47 Sound signals.
increase their visibility in darkness. The colors of this material may convey (a) Often sound signals are located on or adjacent to aids to navigation.
the same significance as the aid except that letters and numbers may be When visual signals are obscured, sound signals warn mariners of the prox-
white. imity of danger.
(d) Exceptions to the provisions of this section will be found on the (1) Sound signals are distinguished by their tone and phase
Western Rivers System. See §62.51. characteristics.
(e) The guidelines for the display of numbers and letters on aids to (i) Tones are determined by the devices producing the sound (i.e.,
navigation are identical for both Region A and Region B; red aids to diaphones, diaphragm horns, reed horns, sirens, whistles, bells and gongs).
navigation display even numbers, and green aids display odd numbers. (ii) Phase characteristics are defined by the signal's sound pattern, i.e., the
[CGD 86-031,FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR number of blasts and silent periods per minute and their durations. Sound
48608, Nov. 24, 1989] signals emanating from fixed structures generally produce a specific
number of blasts and silent periods each minute when operating. Buoy
62.45 Light characteristics. sound signals are generally actuated by the motion of the sea and therefore
(a) Lights on aids to navigation are differentiated by color and rhythm. do not emit a regular signal characteristic.
Lighthouses and range lights may display distinctive light characteristics to (2) Where no live watch is maintained, sound signals are normally oper-
facilitate recognition. No special significance should be attached to the ated continuously. However, some are equipped with fog detectors which
color or rhythm of such lights. Other lighted aids to navigation employ light activate sound signals when visibility falls below a predetermined limit
characteristics to convey additional information. (b) Mariners should not rely solely on sound signals to determine men-
(b) When proceeding in the Conventional Direction of Buoyage, aids to positions for the following reasons:
navigation, if lighted, display light characteristics as follows: (1) Distance cannot be accurately determined by sound intensity.
(1) Green lights mark port (left) sides of channels and locations of (2) Occasionally sound signals may not be heard in areas close to their
wrecks or obstructions which are to be passed by keeping these lights on location.
the port (left) hand of a vessel. Green lights are also used on Preferred (3) Signals may not sound in cases where fog exists close to, but not at,
Channel Marks where the topmost band is green. the location of the sound signal.
(2) Red lights mark starboard (right) sides of channels and locations of (4) As buoy signals are generally activated by sea motion, they may
wrecks or obstructions which are to be passed by keeping these lights on produce no signals when seas are calm.
the starboard (right) hand of a vessel. Red lights are also used on Preferred (5) As previously noted, buoy positions are not always reliable. There-
Channel Marks where the topmost band is red. fore their sound signals cannot be assumed to be emanating from a fixed
(3) Certain lights marking the Intracoastal Waterway may display position.
reversed lateral significance. See §62.49.
(c) Yellow lights have no lateral significance. Except on the Western 62.49 Intracoastal Waterway identification.
Rivers, see §62.51, white lights have no lateral significance. The purpose of (a) In addition to the conventional signals, aids to navigation marking
aids exhibiting white or yellow lights may be determined by their shape, the Intracoastal Waterway exhibit unique yellow symbols to distinguish
color, letters or numbers, and the light rhythm employed. them from aids marking other waters.
(d) Light rhythms, except as noted in §62.51 for the Western Rivers, are (1) Yellow triangles indicate that aids to navigation so marked should be
employed as follows; passed keeping them on the starboard (right) hand of a vessel, regardless of
(1) Aids with lateral significance display regularly flashing or regularly the aid's number, color, or light color.
occulting light rhythms. Ordinarily, flashing lights (frequency not (2) Yellow squares indicate that aids to navigation so marked should be
exceeding 30 flashes per minute) will be used. passed keeping them on the port (left) hand of a vessel, regardless of the
(2) Preferred Channel Marks display a composite group flashing light aid's number, color, or light color.
rhythm (groups of two flashes followed by one flash). (3) A horizontal yellow band provides no lateral information, but simply
(3) Safe Water Marks display a white Morse Code "A" rhythm (short- identifies aids to navigation as marking the Intracoastal Waterway.
long flash). (b) The above guidelines apply for vessels traversing the Intracoastal
(4) Isolated Danger Marks display a white group flashing two. Waterway in a southerly direction on the Atlantic Coast, in a westerly
(5) Special Marks display yellow lights with fixed or slow flashing direction on the Okeechobee Waterway, or in a westerly direction along the
rhythm preferred. Gulf Coast
(6) Information and Regulatory Marks display white lights of various [CGD 86-031, 52 FR 42640, Nov. 6. 1987; CGD 86-031, 52 FR 46351, Dec. 5,
rhythms. 1987]
(7) For situations where lights require a distinct cautionary significance,
as at sharp turns, sudden channel constrictions, wrecks, or obstructions, a 62.51 Western Rivers Marking System.
quick flashing light rhythm (60 flashes per minute) may be used. (a) A variation of the standard U.S. aids to navigation system described
(e) Occasionally lights use sectors to mark shoals or warn mariners of above is employed on the Mississippi River and tributaries above Baton
other dangers. Lights so equipped show one color from most directions and Rouge, LA and on certain other rivers which flow toward the Gulf of
a different color or colors over definite arcs of the horizon as indicated on Mexico.
the appropriate nautical chart. These sectors provide approximate bearing
information since the observer should note a change of color as the bearing
boundary between the sectors is crossed. As sector bearings are not precise,
they should be considered a warning only and not used to determine exact
to the light

33 CFR PART 62 PAGE 4


36
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) The Western Rivers System varies from the standard U.S. system as supports the radiobeacon is not visible, and no other means of determining
follows: its distance is available.
(1) Buoys are not numbered. (c) If the radiobeacon is aboard a Large Navigational Buoy (LNB) or on
(2) Numbers on beacons do not have odd/even lateral significance but, any marine site, particular care should be exercised to avoid the possibility
rather, indicate mileage from a fixed point (normally the river mouth). of collision. In addition, caution should be exercised in using radiobeacons
(3) Diamond-shaped non-lateral dayboards, checkered red-and-white or aboard floating aids, because of the possibility that the aid could be off
green-and-white, similar to those used in the USATONS, as appropriate, station.
are used as crossing dayboards where the river channel crosses from one
bank to the other. Subpart D—Public Participation in the Aids to
(4) Lights on green buoys and on beacons with green daymarks show a Navigation System
single flash which may be green or white.
(5) Lights on red buoys and on beacons with red daymarks show a
62.63 Recommendations.
double flash [Group Flashing (2)] which may be red or white. (a) The public may recommend changes to existing aids to navigation,
(6) Isolated danger marks are not used. [61 FR 27780, June 03, 1996] request new aids or the discontinuation of existing aids, and report aids no
longer necessary for maritime safety. These recommendations should be
62.53 Racons. sent to the appropriate District Commander.
(a) Aids to navigation may be enhanced by the use of radar beacons (b) Recommendations, requests and reports should be documented with
(racons). Racons, when triggered by a radar signal, will transmit a coded as much information as possible to justify the proposed action. Desirable
reply to the interrogating radar. This reply serves to identify the aid station information includes:
by exhibiting a series of dots and dashes which appear on the radar display (1) Nature of the vessels which transit the area(s) in the question,
in a tine emanating radially from just beyond the echo of the aid station. including type, displacement, draft, and number of passengers and crew.
Although racons may be used on both laterally significant and non-laterally (2) Where practicable, the kinds of navigating devices used aboard such
significant aids alike, the racon signal itself is for identification purposes vessels (e.g., magnetic or gyro compasses, radio direction finders, radar,
only, and therefore carries no lateral significance. loran, and searchlights).
(b) Racons are also used as bridge marks to mark the best point of (3) A chartlet or sketch describing the actual or proposed location of the
passage. aid(s), and a description of the action requested or recommended.

Subpart C—Maritime Radiobeacons.


62.65 Procedure for reporting defects and discrepancies.
(a) Mariners should notify the nearest Coast Guard facility immediately
62.55 General. of any observed aids to navigation defects or discrepancies.
Maritime radiobeacons operate during specific intervals as published in (b) The Coast Guard cannot monitor the many thousands of aids in the
Coast Guard Light Lists. For station identification, simple characteristics U.S. Aids to Navigation System simultaneously and continuously. As a
consisting of combinations of dots and dashes are used. The characteristics result, it is not possible to maintain every aid operating property and on its
of marker-beacons are composed of series of dashes for part of a 15 second charted position at all times. Marine safety will be enhanced if persons
cycle, which is followed by a silent period to complete the cycle. The finding aids missing, sunk, capsized, damaged, off station, or showing
transmitted power of maritime radiobeacons is adjusted to provide a useable characteristics other than those advertised in the Light List, or other
signal at the service range which meets the operational requirement Marker- publication, promptly inform the Coast Guard. When making the report to
beacons are of low power for local use only. Coast Guard maritime the Coast Guard the mariner should consult the Light List to ensure the
radiobeacons operate within the frequency band 275-335 kilohertz. correct geographical information is used due to the similarity of names and
geographical areas.
62.57 Carrier type operation. (c) Procedures for reporting defects and discrepancies:
Radiobeacons superimpose the characteristic code on a carrier frequency (1) Radio messages should be prefixed "Coast Guard" and transmitted
which is on continuously during the period of transmission. This extends directly to a Government shore radio station listed in Chapter five. Section
the usefulness of maritime radiobeacons to aircraft and ships employing 500D of Radio Navigational Aids Publication, 117A and 117B, for relay to
automatic direction finders. the relevant District Commander.
(2) Radio-telegraph communication may be established by using the
62.59 Calibration service. general call "NCG" on the 500 kilohertz frequency.
Special calibration radiobeacons, as listed in the current editions of the (3) Commercial communications facilities should be used only when
Coast Guard Light Lists, will broadcast continuously for the purpose of vessels are unable to contact a Government shore radio station. Charges for
enabling vessels to calibrate their direction finders upon request either to these messages will be accepted "collect" by the Coast Guard.
the cognizant District Commander, or, if time does not permit, directly to
the calibration station. Signals for requesting calibration service are
described in the current editions of the Coast Guard Light Lists. In the case
of sequenced radiobeacon stations, continuous transmission for calibration
purposes cannot be made without interference resulting with other stations
in the same frequency group.

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.

64.21 Marking and notification requirements.


Before establishing a structure, the owner or operator shall apply for
Coast Guard authorization to mark the structure in accordance with §66.01-
5 of this chapter. The appropriate District Commander will determine the
marking requirements.

64.23 Duration of marking on structures.


Markings determined to be required shall be established and maintained
until:
(a) The structure is removed; or
(b) Otherwise directed by the District Commander.

Subpart D—Miscellaneous Provisions


SOURCE: CGD 78-156,48 FR 11267, Mar. 17,1983. Redesignated by
CGD 91-031, 57 FR 43402, Sept. 21, 1992.

64.31 Determination of hazard to navigation.


In determining whether an obstruction is a hazard to navigation for the
purposes of marking, the District Commander considers, but is not limited
to, the following factors:
(a) Location of the obstruction in relation to the navigable channel and
other navigational traffic patterns;
(b) Navigational difficulty in the vicinity of the obstruction;
(c) Depth of water over the obstruction, fluctuation of the water level,
and other hydrologic characteristics in the area;
(d) Draft, type, and density of vessel traffic or other marine activity in the
vicinity of the obstruction;
(e) Physical characteristics of the obstruction;
(f) Possible movement of the obstruction;
(g) Location of the obstruction in relation to other obstructions or aids
to navigation;
(h) Prevailing and historical weather conditions;
(i) Length of time that the obstruction has been in existence;
(j) History of vessel incidents involving the obstruction; and (k) Whether
the obstruction is defined as a hazard to navigation under
other statutes or regulations.
[CGD 91-031, 57 FR 43403, Sept 21, 1992]

64.33 Marking by the Coast Guard.


(a) The District Commander may mark for the protection of maritime
navigation any structure, sunken vessel or other obstruction that is not
suitably marked by the owner. Markings established by the Coast Guard do
not relieve the owner's duty or responsibility to mark the sunken vessel or
other obstruction, or to remove it as required by law.
(b) Costs for markings established by the Coast Guard will be determined
in accordance with part 74 of this Chapter.
(c) Costs for marking of a sunken vessel or other obstruction shall be
charged to the owner and shall continue until:
(1) The vessel or other obstruction is removed;
PAGE 2 33 CFR PART 64
39
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
CODE OF FEDERAL REGULATIONS 67.30-5 Obstruction lights
67.30-10 Fog signals.
PART 67 - AIDS TO NAVIGATION
ON ARTIFICAL ISLANDS AND Subpart 67.35—Applications
FIXED STRUCTURES 67.35-1 Procedure.
67.35-5 Contents of application.
67.35-10 Private aids to navigation
[MET Editorial Note: This page snows the entire Table of Contents for tin's "Part." 67.35-15 To whom addressed
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
Subpart 67.40—Notification
not appear in the pages that follow, please write or fax us. We will be glad to furnish
67.40-1 Notification to District Commander
this information for a small service charge.]
67.40-5 Waivers.
67.40-10 Communication with owner.
TABLE OF CONTENTS
67.40-15 Marking at owner's expense.
67.40-20 Charges invoiced to owner
Subpart 67.01—General Requirements
67.40-25 Penalty.
67.01-1 Scope
67.01-5 Definitions. Subpart 67.50—District Regulations
67.01-10 Authority to regulate and delegation of functions 67.50-1 Scope.
67.01-15 Classification of structures. 67.50-5 First Coast Guard District
67.01-20 Prescribing lines of demarcation 67.50-10 Second Coast Guard District
67.01-30 Equivalents 67.50-15 Fifth Coast Guard District
67.50-20 Seventh Coast Guard District
Subpart 67.05—General Requirements for Lights 67.50-25 Eighth Coast Guard District
67.05-1 Arrangement of obstruction lights 67.50-30 Ninth Coast Guard District
67.05-5 Multiple obstruction lights 67.50-35 Eleventh Coast Guard District
67.05-10 Characteristics of obstruction lights. 67.50-45 Thirteenth Coast Guard District
67.05-15 Operating periods of obstruction lights. 67.50-50 Seventeenth Coast Guard District
67.05-20 Minimum lighting requirements.
67.05-25 Special lighting requirements.
AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333; 49 CFR 1.46
SOURCE: CGFR 58-17, 23 FR 3377, May 20, 1958, unless otherwise
Subpart 67.10—General Requirements for Fog Signals
noted.
67.10-1 Apparatus requirements
67.10-5 Location requirements.
67.10-10 Operating requirements.
67.10-15 Approval of fog signals
Subpart 67.01—General Requirements
67.10-20 Fog signal tests.
67.10-25 Application for tests. 67.01-1 Scope.
67.10-30 Withdrawal of approval (a) The regulations in this part prescribe the obstruction lights and fog
signals to be operated as privately maintained maritime aids to navigation
67.10-35 Notice of approval and withdrawal of approval
on the artificial islands and structures which are erected on or over the
67 10-40 Fog signals authorized for use prior to January 1, 1973 seabed and subsoil of the Outer Continental Shelf and in the waters under
the jurisdiction of the United States, for the purpose of exploring for,
Subpart 67.15—Miscellaneous Marking Requirements developing, removing and transporting resources therefrom.
67.15-1 Lights and signals on attendant vessels (b) Subpart 66.01 in Part 66 of this subchapter shall be applicable to all
67.15-5 Seismographic and surveying operations private aids to navigation erected on or over the Outer Continental Shelf in
67.15-10 Spoil banks, artificial islands, and dredged channels the same manner and to the same extent as they are applicable to private
aids to navigation established, erected, or maintained in the waters under the
Subpart 67.20—Class "A" Requirements jurisdiction of the United States.
67.20-1 Class "A" structures.
67.20-5 Obstruction lights. 67.01-5 Definitions.
(a) Structures The term "structures" as used in this part shall include all
67.20-10 Fog signal
fixed structures, temporary or permanent, for which a Corps of Engineers'
permit is issued. It shall include, but is not necessarily limited to, all drilling
Subpart 67.25—Class "B" Requirements platforms, production platforms, quarters platforms, pipe line riser
67.25-1 Class "B" structures. platforms, manifold platforms, loading platforms, boat landings, caissons,
67.25-5 Obstruction lights well protective structures, tank battery barges submerged on station, drilling
67.25-10 Fog signal barges submerged on location, breakwater barges submerged on location,
artificial islands and all other piles, pile clusters, pipes, or structures erected
in the waters
Subpart 67.30—Class "C" Requirements (b) Class "A", "B", or "C" structures. The term "Class A, B, or C
67.30-1 Class "C" structures structures" refers to the classification assigned to structures erected in areas
in which corresponding requirements for marking are prescribed
(c) Line of demarcation. The term "line of demarcation" means the
dividing

33 CFR PART 67 PAGE 1


40
M.E.T. PUBLICATION 515 — 5TH EDITION
line used administratively to distinguish between the areas in which upon publication in the Federal Register, such additions or changes in lines
structures shall conform to Class "A" and Class "B" or "C" requirements. of demarcation shall be effective for the purposes of this part.
(d) Outer Continental Shelf. The term "Outer Continental Shelf means all
submerged lands lying seaward and outside the area of lands beneath 67.01-30 Equivalents.
navigable waters as defined in the Submerged Lands Act (sec. 2, 67 Stat. The use of alternate equipment, apparatus, or installation arrangements
29,43 U. S. C. 1301), and of which the subsoil and seabed appertain to the specified in this part may be permitted by the District Commander to such
United States and are subject to its jurisdiction and control. extent and under such conditions as will result in achieving a degree of
(e) Reliable operation. The term "reliable" as used in this part shall mean safety or compliance with these regulations equivalent to or above the
that dependability which will insure to the highest degree reasonably minimum requirements set form in this part.
possible the uninterrupted operation of lights and fog signals as private aids
to navigation for safety of marine commerce. Subpart 67.05—General Requirements for Lights
(f) Fog signal. The term "fog signal" as used in this part shall mean the
audible sound signal, authorized as a private aid to navigation, to mark a 67.05-1 Arrangement of obstruction lights.
structure for the safety of marine commerce whenever the visibility has (a) Structures having a maximum horizontal dimension of 30 feet or less
been reduced by fog, mist, rain, falling snow, smoke, dust, or other on any one side, or in diameter, shall be required to have one obstruction
phenomena. light visible for 360°.
[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 63-18. 28 FR (b) Structures having a maximum horizontal dimension of over 30 feet,
4026, Apr. 14, 1963] but not in excess of 50 feet, on any one side, or in diameter, shall be
required to have two obstruction lights installed on diagonally opposite
67.01-10 Authority to regulate and delegation of functions. comers, 180° apart, or as prescribed by the District Commander, each light
(a) Regulatory authority. By virtue of the Department of Transportation to have a 360° lens.
Act (Pub. L. 89-670, 80 Stat. 931-950,49 U.S.C. 1651-1659), establishing (c) Structures having a horizontal dimension of over 50 feet on any one
the Department of Transportation, the U.S. Coast Guard together with its side, or in diameter, shall be required to have an obstruction light on each
functions and duties under the Secretary of the Treasury was transferred to corner, or 90° apart in the case of circular structures, or as prescribed by the
the new department The Secretary of Transportation thereby became the District Commander, each light to have a 360° lens.
"head of the Department in which the Coast Guard is operating," including (d) Where the overall dimensions of a structure require the installation of
the authority to promulgate and enforce regulations under the Outer two or more obstruction lights, the lights shall all be mounted on the same
Continental Shelf Lands Act (43 U.S.C. 1333). By a rule in 49 CFR 1.9 the horizontal plane within the limitations of height specified in §67.20-5,
Secretary continued in effect actions taken prior to April 1, 1967. By rules §67.25-5, or §67.30-5, as applicable.
in 49 CFR 1.4(a)(2) and (f) the Secretary of Transportation authorized the (e) Lesser structures and piles, pile clusters or flare templates, etc., will
Commandant, U.S. Coast Guard, with respect to his own organization, to not normally be required to be marked by obstruction lights, when they are
exercise the authority granted to the Secretary as Executive head of that located within 100 yards of a Class "A", "B" or "C" structure marked by
department by any statute. Executive order or regulation. Section 1657(e) of established obstruction lights, but they shall be marked with red or white
Title 49 U.S.C. provides for delegation and redelegation of powers and retro-reflective material, installed as prescribed by the District Commander.
functions vested in the Secretary. By a rule in 49 CFR 1.4(g) the (f) All obstruction lights shall be installed in a manner which will permit
Commandant is authorized to redelegate and authorize successive at least one of them to be carried in sight of the mariner, regardless of the
redelegations within the organization under his jurisdiction. angle of approach, until he is within 50 feet of the structure, visibility
(b) Delegation of junctions. The Coast Guard District Commander is permitting.
hereby delegated responsibility for performing, or having performed the
inspections, enforcement, and administration of such regulations, which are 67.05-5 Multiple obstruction lights.
or may be required. He may redelegate this authority as necessary to any When more than one obstruction light is required by this part to mark a
person from the civilian or military branch of the Coast Guard. [CGFR 58- structure, all such lights shall be operated to flash in unison.
17, 23 FR 3378, May 20, 1958, is amended by CGFR 68-95, 33 FR 15285,Oct.
15, 1968]
67.05-10 Characteristics of obstruction lights.
All obstruction lights required by this part shall be powered from a
67.01-15 Classification of structures. reliable power source, including auxiliary power sources as necessary. They
(a) The varied depths of water and marine commerce traffic routes which shall display a quick-flash characteristic of approximately 60 flashes per
exist in the waters over the Outer Continental Shelf and in other waters, minute, unless prescribed otherwise in the permit issued by the District
permits the classification of structures according to their location in such Commander. Their color shall be white when marking Class "A" and "B"
waters. Those structures in the area seaward of the line of demarcation, structures, and either white or red, as prescribed by the District Command-
prescribed by the regulations in this part, are designated as Class "A" er, when marking Class "C" structures. In determining whether white or red
structures. All structures shoreward of the line of demarcation, prescribed lights shall be authorized, the District Commander shall take into
by the regulations in this part, are designated as either Class "B" or Class consideration matters concerning, but not necessarily limited to, the
"C" structures. dimensions of the structure and the depth of water in which it is located;
(b) In the event a line of demarcation is not prescribed, the District the proximity of the structure to vessel routes; the nature and amount of
Commander shall designate a structure "A", "B", or "C" as he deems vessel traffic; and the effect of background lighting.
appropriate.
67.05-15 Operating periods of obstruction lights.
67.01-20 Prescribing lines of demarcation. Obstruction lights shall be displayed at all times between the hours of
In those areas where lines of demarcation are not prescribed, or where sunset and sunrise, local time, commencing at the time the construction of a
they have been prescribed and require modification, the District Command- structure is begun. During construction and until such time as a platform
er shall submit his recommendations thereon to the Commandant for estab- capable of supporting the obstruction lights is completed, the fixed lights
lishment or changes as required. When approved by the Commandant, and

PAGE 2 33 CFR PART 67


41
M.E.T. PUBLICATION 515 — 5TH EDITION
on an attending vessel shall be used. In addition, when lights are in use for the visibility in any direction is reduced to the range at which fog signal
general illumination to facilitate the construction or operation of a structure, operation is required by this part.
and can be seen from any angle of approach at a distance equal to that (b) During construction and until such time as a fog signal is installed and
prescribed for the obstruction lights for the class of structure, the actual operating on a platform, the whistle of an attending vessel moored alongside
operation of obstruction lights also will not be required. the platform may be used to sound the signal required for the structure by
[CGFR 58-34, 23 FR 7701, Oct. 4, 1958] this part

67.05-20 Minimum lighting requirements. Subpart 67.15—Miscellaneous Marking Requirements


The obstruction lighting requirements prescribed in this part are the
minimum requirements only and shall not preclude the maintainer from 67.15-1 Lights and signals on attendant vessels.
making application for authorization to establish more lights, or lights of The requirements prescribed by this part apply to structures. The barges,
greater intensity than required to be visible at the distances prescribed: vessels, and other miscellaneous floating plants in attendance shall display
Provided, That the prescribed characteristics of color and flash duration are lights and signals in accordance with the "Regulations for Preventing
adhered to. Collisions at Sea, 1960 (33 U.S.C. 1601-1094)," or the local rules
established in accordance with Rule 30 thereof, as appropriate. However,
67.05-25 Special lighting requirements. when vessels are fixed to or submerged onto the seabed, they become
Whenever a structure is erected in a position on or adjacent to the edges structures as described in §67.01-5.
of navigable channels and fairways, or lines of demarcation, the District [CGFR 58-17, 23 FR 3377, May 20,1958, as amended by CGFR 68-95, 33 FR
Commander is authorized to require the structure to be marked by the lights 15285,Oct. 15, 1968]
which in his judgment are necessary for the safety of marine commerce,
and without regard to the fact that the structure may be located in an area in 67.15-5 Seismographic and surveying operations.
which cither Class "B" or Class "C" requirements are otherwise applicable. All stakes, casings, pipes, and buoys, except bamboo poles and wooden
The requirements for the lights in any of these cases, shall not exceed those stakes less than 2 inches in diameter, placed in the water to facilitate
established for structures in the Class "A" areas. seismographic or surveying operations shall be marked, in the manner pre-
scribed by the District Commander, for the safety of navigation.
Subpart 67.10—General Requirements for Fog Signals
SOURCE: COD 72-74R, 37 FR 13512, July 8, 1972, unless otherwise 67.15-10 Spoil banks, artificial islands, and dredged channels.
noted. (a) All submerged spoil banks, or artificial islands resulting from the
dredging of private channels, laying of pipelines, or any other private
67.10-1 Apparatus requirements. operation, and all privately dredged channels which, in the judgment of the
The fog signal required by §§67.20-10, 67.25-10, and 67.30-10 must District Commander are required to be marked by aids to navigation, shall
(a) Have its maximum intensity at a frequency between 100 and 1,100 be marked by private aids to navigation conforming to the standard United
Hertz; States system of aids to navigation characteristics described in Subpart
(b) Sound a 2-second blast every 20 seconds (2 seconds sound, 18 62.25 of Part 62 of this subchapter.
seconds silence) unless otherwise authorized by the District Commander, (b) Applications for permits to establish and maintain private aids to
(c) Have the range required by §67.20-10, §67.25-10, or §67.30-10; navigation for the purpose indicated in this section shall be reviewed by the
(d) Have a height not exceeding 25 feet; District Commander and forwarded to the Commandant, for final review
(e) Have not more than eight sound sources; and issuance of permits.
(f) Be approved by the Coast Guard under §67.10-15; and
(g) Be permanently marked with: Subpart 67.20—Class "A" Requirements
(1) The date of Coast Guard approval;
(2) The manufacturer and date of manufacture;
(3) A model designation; 67.20-1 Class "A" structures.
(4) The approved range; and Class "A" structures shall be the structures erected in an area where Class
(5) The power necessary to comply with the provisions of paragraph (c) "A" requirements must be met.
of this section.
67.20-5 Obstruction lights.
67.10-5 Location requirements. The obstruction lights shall be white lights as prescribed in Subpart 67.05
The fog signal required by §§67.20-10, 67.25-10, and 67.30-10 must: of this part. The lights shall be of sufficient candlepower as to be visible at a
(a) Be located on the structure so that the sound signal produced is distance of at least five nautical miles 90 percent of the nights of the year.
audible over 360° in a horizontal plane at all ranges up to and including the The lights shall be displayed not less than 20 feet above mean high water,
required range; and but not at a height greater than that specified in §67.05-l(f).
(b) Be located at least 10 feet but not more than 150 feet above mean [CGFR 58-34, 23 FR 7701, Oct. 4, 1958]
high water.
67.20-10 Fog signal.
67.10-10 Operating requirements. (a) The owner of a Class "A" structure shall:
(a) Fog signals required by §§67.20-10, 67.25-10, and 67.30-10 must be (1) Install a fog signal that has a range of at least 2 miles; and,
operated continuously, regardless of visibility, unless the fog signal is (2) Operate the fog signal when the visibility in any direction is less than
controlled: 5 miles.
(1) By an attendant on the structure; (b) The District Commander may waive any requirements in paragraph
(2) Remotely by an attendant on a nearby structure; or (a) of this section if he finds that a structure is so close to other structures
(3) By a fog detection device capable of activating the fog signal when and so enveloped by the fog signals on other structures that it is not a hazard
to navigation.
[CGD 72-74R, 37 PR 13513, July 8, 1972]

PAGE 3
33 CFR PART 67
42
M.E.T. PUBLICATION 515 — 5TH EDITION
Subpart 67.25—Class "B" Requirements

67.25-1 Class "B" structures.


Class "B" structures shall be the structures erected in an area where Class
"B" requirements must be met

67.25-5 Obstruction lights.


(a) The obstruction lights shall be white lights as prescribed in Subpart 67.05
of this part and shall be of sufficient candlepower as to be visible at a distance
of at least three nautical miles 90 percent of the nights of the year. The lights
shall be displayed not less than 20 feet above mean high water, but not at a
height greater than that specified in §67.05-l(f), except that on Class "B"
structures which are required to be marked by only one light, that light may be
displayed not less than 10 feet above mean high water if the structural features
preclude mounting the light within the range of heights otherwise specified in
this section.
(b) The District Commander may waive the requirement for obstruction lights
on Class "B" structures if mere is no hazard to navigation by so doing.
[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 62-32, 27 FR 10101,
Oct. 13, 1962]

67.25-10 Fog signal.


(a) The owner of a Class "B" structure shall:
(1) Install a fog signal that has a range of at least one-half mile, except that
the District Commander may—
(i) Prescribe a greater range, not to exceed 2 miles, under the provisions of
paragraph (b) of this section; or
(ii) Exempt the structure from the requirements of this paragraph, under the
provisions of paragraph (c) of this section;
(2) Operate the fog signal when the visibility in any direction is less than 3
miles, unless the District Commander establishes a greater or lesser distance
of visibility in any direction is less than 3 provisions of paragraph (b) or (c)
of this section.
(b) The owner of a Class "B" structure shall install a fog signal with a
greater range or operate it at times of greater visibility than required in
paragraph (a) of this section if:
(1) The structure is erected on or adjacent to the edge of a:
(i) Navigable channel;
(ii) Fairway; or
(iii) Line of demarcation; and
(2) The District Commander decides a greater range or operation of the fog
signal at times of greater visibility is necessary for the safety of marine
commerce.
(c) The District Commander may waive or relax the provisions of paragraph
(a) of this section, if he finds that a structure is:
(1) So close to other structures and so enveloped by the fog signals on other
structures that it is not a hazard to navigation; or
(2) So located in a shoal area dial it is not a hazard to navigation.
[CGD 72-74R, 37 FR 13513, July 8, 1972]

PAGE 4 33 CFR PART 67


43
M.E.T. PUBLICATION 515 — 5TH EDITION
natural person) for not less than thirty days nor more than one year, or
TITLE 33 both, one half of such fine to be paid to the person or persons giving
CODE OF FEDERAL REGULATIONS information which shall lead to conviction
PART 70 - INTERFERENCE WITH OR
DAMAGE TO AIDS TO NAVIGATION 70.05-10 Revocation of license.
Every master, pilot, and engineer, or person or persons acting in such
[MET Editorial Note: This page snows the entire Table of Contents for tin's "Part." capacity, respectively, on board any boat or vessel who shall willfully injure
However, we reprinted only those subparts and sections of concern to foreign vessels. or destroy an aid to navigation established and maintained by the United
If you need additional information listed in this Table of Contents that does not appear States shall be deemed guilty of violating the provisions of §70.05-1 and
in the pages that follow, please write or fax us. We will be glad to furnish this shall upon conviction be punished as provided in §70.05-5 and shall also
information for a small service charge.] have his license revoked or suspended for a term to be fixed by the judge
before whom tried and convicted.
TABLE OF CONTENTS
70.05-15 Liability for damages.
Any boat, vessel, scow, raft or other craft used or employed in violating
Subpart 70.01—Interference With Aids to Navigation
any of the provisions of §70.05-1 shall be liable for the pecuniary penalties
70.01-1 General provisions
specified in §70.05-5, and in addition thereto for the amount of damage
70.01-5 Penalty.
done by said boat, vessel, scow, raft or other craft, which may be proceeded
Subpart 70.05—Collision With or Damage to Aids to Navigation against summarily by way of libel in any district court of the United States
70.05-1 General provisions having jurisdiction thereof.
70.05-5 Penalty.
70.05-10 Revocation of license. 70.05-20 Report required.
70.05-15 Liability for damages. Whenever any vessel collides with an aid to navigation established and
maintained by the United States or any private aid to navigation established
70.05-20 Report required.
or maintained in accordance with Part 64,66,67, or 68 of this subchapter, or
is connected with any such collision, it shall be the duty of the person in
AUTHORITY: Secs. 14, 16, 30 Stat. 1152, 1153; secs. 84, 86, 92, 633, charge of such vessel to report the accident to the nearest Officer in Charge,
642,63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408,411,412,14 U.S.C 84, Marine Inspection, in accordance with 46 CFR 136.05.
86, 92, 633, 642)
(R.S. 4450, as amended, sec. 4, 67 Stat. 462; 46 U.S.C. 239,43 U.S.C.
1333)
[CGFR 58-17, 23 FR 3383, May 20,1958, as amended by CGFR 61-55, 26 FR
Subpart 70.01—Interference With Aids to Navigation
12572, Dec. 28. 1961]

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

70.01-1 General provisions.


No person, excluding the Armed Forces, shall obstruct or interfere with any
aid to navigation established and maintained by the Coast Guard, or any private
aid to navigation established and maintained in accordance with part 64, 66, 67,
or 68 of this subchapter. [CGFR 58-17, 23 FR 3383, May 20, 1958]

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]

Subpart 70.05—Collision With or Damage to Aids to Navigation.


SOURCE: CGFR 52-15,18 FR 12, Jan 1,1953, unless otherwise noted.

70.05-1 General provisions.


No person shall take possession of or make use of for any purpose, or build
upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or
otherwise, or in any manner whatever impair the usefulness of any aid to
navigation established and maintained by the United States.

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]

72.01-5 Local Notice to Mariners.


(a) "Local Notice to Mariners" reports changes to and deficiencies in aids 72.01-30 Temporary deficiencies.
Temporary deficiencies in aids to navigation are not published in Notices
to navigation that are established or maintained and operated by or under
to Mariners when it is known that the defects will be corrected promptly.
the authority of the Coast Guard, and any other information pertaining to
[CGFR 52-15, 18 FR 13, Jan. 1, 1953]
the waterways within each Coast Guard district that is of interest to the
mariner.
(b) "Local Notice to Mariners" is published and issued weekly by each 72.01-35 Change of address.
Coast Guard district or more often if mere is a need to notify mariners of Persons receiving Notices to Mariners are requested to notify the
local waterway information. appropriate agency of any change in address, giving both old and new
(c) Any person may apply to the local Coast Guard District Office to be addresses, or when Notices to Mariners are no longer required
placed on the mailing list for the "Local Notice to Mariners " The "Local [CGFR 52-15, 18 FR 13, Jan. 1, 1953]
Notice to Mariners" is mailed to the public free of charge.
[CGD 70-147R, 37 FR 10669, May 26, 1972] 72.01-40 Single copies.
Single copies of the "Notice to Mariners" described in §72.01-10 may be
72.01-10 Notice to Mariners. obtained or consulted at:
(a) "Notice to Mariners" is intended to advise mariners of new hydro- (a) Coast Guard District Commanders' Offices;
graphic discoveries, changes in channels and navigational aids, and (b) National Ocean Service Field Offices;

PAGE 1 33 CFR PART 72


45
M.E.T. PUBLICATION 515 — 5TH EDITION

(c) The Defense Mapping Agency Hydrographic/Topographic Center, and


(d) Custom Houses.
[CGD 70-147R, 37 FR 10670, May 26, 1972, is amended by CGD 85-042, 50 FR
50904, Dec. 13, 1985]

Subpart 72.05—Light Lists.

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]

72.05-5 Sales agencies.


Each volume of the "Light List" is for sale by the Superintendent of
Documents, Government Printing Office, Washington, D.C. 20402, and
through sales agents whose names are published in issue No. 13 of "Notice to
Mariners" described in §72.01-10. Notification of publication of a new edition
of the "Light List" is published in the "Notice to Mariners" for the particular
area that is covered as soon as the edition is available for distribution.
[CGD 70-147R, 37 FR 10670. May 26, 1972]

72.05-10 Free distribution.


Official copies are distributed free of charge to Federal, State, and foreign
governments, municipalities, libraries, and other public institutions.
(R.S. 501, as amended, sec. 5, 38 Stat. 75; 44 U.S.C. 82, 84)
[CGFR 51-15, 18 FR 13, Jan. 1, 1953]

33 CFR PART 72 PAGE 2


46
M.E.T. PUBLICATION 515 — 5TH EDITION
to the satisfaction of the Coast Guard the cost of repair or replacement of
TITLE 33 such property. The Coast Guard will accept and deposit such payment in a
CODE OF FEDERAL REGULATIONS special account in the Treasury for payment therefrom of the cost of
PART 74 - CHARGES FOR COAST GUARD repairing or replacing the damaged property. Funds collected in excess of
the cost to make repairs or replacements shall be refunded.
AIDS TO NAVIGATION WORK
Subpart 74.20—Aids to Navigation Costs

[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

Subpart 74.20—Aids to Navigation Costs


74.20-1 Buoy and vessel use costs

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.

Subpart 74.01—Charges to the Public.

74.01-1 Claim for damage, destruction, or displacement.


Whenever an aid to navigation is damaged, destroyed, or displaced from its
station, a claim shall be made on behalf of the United States in accordance with
Part 25 of this title. [CGFR 70-7, 35 FR 4048, Mar. 4, 1970]

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]

74.01-15 Charges for placement of temporary aids.


Charges for placement of temporary aids will be reimbursable and in
accordance with Subpart 74.20 of this part. Where the placement of temp-
orary aids other than those specified is made, a reasonable equivalence will
be determined, and charges made accordingly

74.01-20 Deposit of payment in special account


Whenever an aid to navigation or other property belonging to the Coast
Guard is damaged or destroyed by a private person, such person shall pay

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 1


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M.E.T. PUBLICATION 515 — 5TH EDITION
80.1370 Willapa Bay, WA. position latitude 43°40.6' N. longitude 70°05.9' W. to the northeasternmost
80.1375 Grays Harbor, WA. extremity of Outer Green Island.
80.1380 Quillayute River, WA. (c) A Line drawn from the southwesternmost extremity of Outer Green
80.1385 Strait of Juan de Fuca. Island to Ram Island Ledge Light; thence to Portland Head Light
80.1390 Haro Strait and Strait of Georgia.
80.1395 Puget Sound and adjacent waters. 80.115 Portland Head, ME to Cape Ann, MA.
(a) Except inside lines specifically described in this section, the 72
COLREGS shall apply on the harbors, bays, and inlets on the east coast of
Pacific Islands Maine, New Hampshire, and Massachusetts from Portland Head to Halibut
Fourteenth District Point at Cape Ann.
80.1410 Hawaiian Island Exemption from General Rule. (b) A line drawn from the southernmost tower on Gerrish Island charted
80.1420 Mamala Bay, Oahu, HI. in approximate position latitude 43°04.0' N. longitude 70°41.2' W. to
80.1430 Kaneohe Bay, Oahu, HI. Whaleback Light; thence to Jaffrey Point Light 2A; thence to the north-
80.1440 Port Alien, Kauai, HI. easternmost extremity of Frost Point
80.1450 Nawiliwili Harbor, Kauai, HI. (c) A line drawn from the northernmost extremity of Farm Point to
80.1460 Kahului Harbor, Maui, HI. Annisquam Harbor Light
[CGD 77-118a, 42 FR 35784, July 11, 1977, Redesignated by CGD 81-017, 46
80.1470 Kawaihae Harbor, Hawaii, HI.
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786. Mar. 6,
80.1480 Hilo Harbor, Hawaii, HI.
1986]
80.1490 Apra Harbor, U.S. Territory of Guam.
80.1495 U.S. Pacific Island Possessions.
80.120 Cape Ann, MA to Marblehead Neck, MA.
Alaska (a) Except inside lines specifically described in this section, the 72
Seventeenth District COLREGS shall apply on the harbors, bays and inlets on the east coast of
80.1705 Alaska. Massachusetts from Halibut Point at Cape Ann to Marblehead Neck.
(b) A line drawn from Gloucester Harbor Breakwater Light to the twin
towers charted in approximate position latitude 42°35.1' N. longitude
AUTHORITY: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a); 49 CFR 70°41.6' W.
1.46. (c) A line drawn from the westernmost extremity of Gales Point to the
SOURCE: CGD 77-118a, 42 FR 35784, July 11, 1977, unless otherwise easternmost extremity of House Island; thence to Bakers Island Light;
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981. thence to Marblehead Light
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, DEC. 15, 1977,
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]
General
80.01 General basis and purpose of demarcation lines. 80.125 Marblehead Neck, MA to Nahant, MA.
(a) The regulations in this part establish the lines of demarcation The 72 COLREGS apply on the harbors, bays, and inlets on the east coast
delineating those waters upon which mariners shall comply with the of Massachusetts from Marblehead Neck to the easternmost tower at
International Regulations for Preventing Collisions at Sea, 1972 (72 Nahant, charted in approximate position latitude 42°25.4' N., longitude
COLREGS) and those water upon which mariners shall comply with the 70°54.6' W.
Inland Navigation Rules. [CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 FR
(b) The waters inside of the lines are Inland Rules waters. The waters 28154, May 26, 1981]
outside the lines are COLREGS waters.
(c) Geographic coordinates expressed in terms of latitude or longitude, or
both, are not intended for plotting on maps or charts whose referenced 80.130 Boston Harbor entrance.
horizontal datum is the North American Datum of 1983 (NAD 83), unless A line drawn from the easternmost tower at Nahant, charted in approxi-
such geographic coordinates are expressly labeled NAD 83. Geographic mate position latitude 42°25.4' N., longitude 70°54.6' W., to Boston Lighted
coordinates without the NAD 83 reference may be plotted on maps or charts Horn Buoy "B"; thence to the easternmost radio tower at Hull, charted in
referenced to NAD 83 only after application of the appropriate corrections approximate position latitude 42°16.7' N., longitude 70°52.6' W. [CGD 79-
that are published on the particular map or chart being used. 066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 FR 28154,
[CGD 82-029, 47 FR 19519, May 6,1982, as amended by CGD 83-003, 48 FR May 26. 1981]
7442, Feb. 18, 1983; CGD 86-082, 52 FR 33810, Sept. 8, 1987]
80.135 Hull, MA to Race Point, MA.
Atlantic Coast (a) Except inside lines described in this section, the 72 COLREGS apply
First District on the harbors, bays, and inlets on the east coast of Massachusetts from the
easternmost radio tower at Hull, charted in approximate position latitude
80.105 Calais, ME to Cape Small, ME. 42°16.7' N., longitude 70°52.6' W., to Race Point on Cape Cod.
The 72 COLREGS shall apply on the harbors, bays, and inlets on the east (b) A line drawn from Canal Breakwater Light 4 south to the shoreline.
coast of Maine from International Bridge at Calais, ME to the south- [CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 73-066, 45 FR
westernmost extremity of Bald Head at Cape Small. 15176, Mar. 10, 1980. Redesignated by CGD 81-017, 46 FR 28154, May 26,
1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986]
80.110 Casco Bay, ME.
(a) A line drawn from the southwesternmost extremity of Bald Head at 80.145 Race Point, MA, to Watch Hill, RI.
Cape Small to the southeasternmost extremity of Ragged Island; thence to (a) Except inside lines specifically described in this section, the 72
the southern tangent of Jaquish Island thence to Little Mark Island COLREGS shall apply on the sounds, bays, harbors, and inlets along the
Monument Light; thence to the northernmost extremity of Jewell Island. coast of Cape Cod and the southern coasts of Massachusetts and Rhode
(b) A line drawn from the tower on Jewell Island charted in approximate Island from Race Point to Watch Hill.
(b) A line drawn from Nobska Point Light to Tarpaulin Cove Light

33 CFR PART 80
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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
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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.

33 CFR PART 80 PAGE 5


52
M.E.T. PUBLICATION 515 — 5TH EDITION
(d) A line drawn across the entrance to Tinner River parallel to the to Anclote Anchorage South Entrance Light 7; thence to Anclote Key
general trend of the shoreline. 28°10.0' N. 82°50.6' W; thence a straight line through Anclote River Cut B
(e) A line formed by the centerline of Highway 92 Bridge at Goodland. Range Rear Light to the shoreline.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 21748, June 16,
1986] 1986, CGD 93-071, 58 FR 65668, Dec. 16, 1993]

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

PAGE 6 33 CFR PART 80


53
M.E.T. PUBLICATION 515 — 5TH EDITION
(h) A line drawn from the westernmost extremity of St. Vincent Island to N., longitude 89°27.1' W.; thence to the seaward extremity of the South-
the southeast, highwater shoreline of Indian Peninsula at Longitude west Pass West Jetty located at latitude 28°54.5' N., longitude 89°26.1' W.
85°13.5' W. (d) A line drawn from Mississippi River South Pass East Jetty Light 4 to
[CGD 77-118a, 42 FR 35784, July 11, 1377. Redesignated by CGD 81-017, 46 Mississippi River South Pass West Jetty Light; thence following the
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6, general trend of the seaward highwater shoreline in a northwesterly
1986] direction to coordinate latitude 29°03.4' N. longitude 89°13.0' W.; thence
west to coordinate latitude 29°03.5' N., longitude 89°15.5' W., thence
80.810 Cape San Bias, FL to Perdido Bay, FL. following the general trend of the seaward, highwater shoreline in a
(a) A line drawn from St. Joseph Bay Entrance Range A Rear Light southwesterly direction to Mississippi River Southwest Pass Entrance Light
through St. Joseph Bay Entrance Range B Front Light to St. Joseph Point (e) A line drawn from Mississippi River Southwest Pass Entrance Light;
(b) A line drawn across the mouth of Salt Creek as an extension of the thence to the seaward extremity of the Southwest Pass West Jetty located at
general trend of the shoreline to continue across the inlet to St. Andrews coordinate latitude 28°54.5' N. longitude 89°26.1' W.
sound in the middle of Crooked Island. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
(c) A line drawn from the northernmost extremity of Crooked Island FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6,
000° T. to the mainland. 1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990]
(d) A line drawn from the easternmost extremity of Shell Island 120°
true to the shoreline across the east entrance to St. Andrews Bay. 80.830 Mississippi Passes, LA to Point Au Fer, LA.
(e) A line drawn between the seaward end of the St. Andrews Bay (a) A line drawn from the seaward extremity of the Southwest Pass West
Entrance Jetties. Jetty located at coordinate latitude 28°54.5' N. longitude 89°26.1' W.;
(f) A line drawn between the seaward end of the Choctawatchee Bay thence following the general trend of the seaward, highwater jetty and
Entrance Jetties. shoreline in a north, northeasterly direction to Old Tower latitude 28°58.8'
(g) An east-west line drawn from Fort McRee Leading Light across the N. longitude 89°23.3' W.; thence to West Bay light; thence to coordinate
Pensacola Bay Entrance along latitude 30°19.5' N. latitude 29°05.2' N. longitude 89°24.3' W.; thence a curved line following
(h) A line drawn between the seaward end of the Perdido Pass Jetties. the general trend of the highwater shoreline to Point Au Fer Island except
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 as otherwise described in this section.
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6, (b) A line drawn across the seaward extremity of the Empire Waterway
1986] (Bayou Fontanelle) entrance jetties.
(c) An east-west line drawn from the westernmost extremity of Grand
80.815 Mobile Bay, AL to the Chandeleur Islands, LA. Terre Islands in the direction of 194° true to the Grand Isle Fishing Jetty
(a) A line drawn across the inlets to Little Lagoon as an extension of the Light
general trend of the shoreline. (d) A line drawn between the seaward extremity of the Belle Pass Jetties.
(b) A line drawn from Mobile Point Light to Dauphin Island Channel (e) A line drawn from the westernmost extremity of the Timbalier Island
Light No. I to the eastern comer of Fort Gaines at Pelican Point to the easternmost extremity of Isles Demieres.
(c) A line drawn from the western-most extremity of Dauphin Island to (f) A south-north line drawn from Caillou Bay Light 13 across Caillou
the easternmost extremity of Petit Bois Island. Boca.
(d) A line drawn from Horn Island Pass Entrance Range Front Light on (g) A line drawn 107° true from Caillou Bay Boat Landing Light across
Petit Bois Island to the easternmost extremity of Horn Island. the entrances to Grand Bayou du Large and Bayou Grand Caillou.
(e) An east-west line (latitude 30°14.7' N.) drawn between the western- (h) A line drawn on an axis of 103° true through Taylors Bayou Entrance
most extremity of Horn Island to the easternmost extremity of Ship Island. Light 2 across the entrances to Jack Stout Bayou, Taylors Bayou, Pelican
(0 A curved line drawn following the general trend of the seaward, Pass, and Bayou de West.
highwater shoreline of Ship Island. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
(g) A line drawn from the Ship Island Light to Chandeleur Light; FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6,
thence in a curved line following the general trend of the seaward, 1986]
highwater shorelines of the Chandeleur Islands to the island at latitude
29°44.1 N., longitude 88°53.0' W.; thence to latitude 29°26.5' N., longitude 80.835 Point Au Fer, LA to Calcasieu Pass, LA.
88°55.6' W. (a) A line drawn from Point Au Fer to Atchafalaya Channel Light 34, to
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 Point Au Fer Reef Light 33; thence to Atchafalaya Bay Pipeline Light D
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6, latitude 29°25.0' N. longitude 91°31.7' W.; thence to Atchafalaya Bay Light
1986; CGD 89-068, 55 FR 31831, Aug. 6, 1990; 55 FR 33577, Aug. 14, 1990] 1 latitude 29°25.3' N. longitude 91°35.8' W.; thence to South Point
(b) Lines following the general trend of the highwater shoreline drawn
80.825 Mississippi Passes, LA. across the bayou and canal inlets from the Gulf of Mexico between South
(a) A line drawn from latitude 29°26.5' N., longitude 88°55.6' W. to Point and Calcasieu Pass except as otherwise described in this section.
latitude 29°10.6' N., longitude 88°59.8' W.; thence to latitude 29°03.5' N., (c) A line drawn on an axis of 140° true through Southwest Pass
longitude 89°03.7' W.; thence to latitude 28°58.8' N., longitude 89°04.3' W. Vermillion Bay Light 4 across Southwest Pass.
(b) A line drawn from latitude 28°58.8' N., longitude 89°04.3' W.; (d) A line drawn across the seaward extremity of the Freshwater Bayou
to latitude 28°57.3' N., longitude 89°05.3' W.; thence to latitude 28°56.95' Canal Entrance Jetties.
N., longitude 89°05.6' W.; thence to latitude 29°00.4' N., longitude 89°09.8' (e) A line drawn from Mermentau Channel East Jetty Light 6 to
W.; thence following the general trend of the seaward highwater shoreline Mermentau Channel West Jetty Light 7.
in a northwesterly direction to latitude 29°03.4' N., longitude 89° 13.0' W.; (f) A line drawn from the radio tower charted in approximate position
thence west to latitude 29°03.5' N., longitude 89°15.5' W.; thence following latitude 29°45.7' N. longitude 93°06.3' W. 115° true across Mermentau
the general trend of the seaward highwater shoreline in a southwesterly Pass.
direction to latitude 28°57.7' N., longitude 89°22.3' W. (g) A line drawn across the seaward extremity of the Calcasieu Pass
(c) A line drawn from latitude 28°57.7' N., longitude 89°22.3' W.; to Jetties.
latitude 28°51.4' N., longitude 89°24.5' W.; thence to latitude 28°52.65' [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6,
1986]

33 CFR PART 80 PAGE 7


54
M.E.T. PUBLICATION 515 — 5TH EDITION
80.840 Sabine Pass, TX to Galveston, TX. 80.1110 Dana Point Harbor, CA.
(a) A line drawn from the Sabine Pass East Jetty Light to the seaward end A line drawn from Dana Point Jetty Light 6 to Dana Point Breakwater
of the Sabine Pass West Jetty. Light 5.
(b) Lines drawn across the small boat passes through the Sabine Pass [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
East and West Jetties. FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
(c) A line formed by the centerline of the highway bridge over Rollover
Pass at Gilchrist.
80.1112 Newport Bay, CA.
A line drawn from Newport Bay East Jetty Light 4 to Newport Bay West
80.845 Galveston, TX to Freeport, TX.
Jetty Light 3.
(a) A line drawn from Galveston North Jetty Light 6A to Galveston
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
South Jetty Light 5A.
(b) A line formed by the centerline of the highway bridge over San Luis FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
Pass.
(c) Lines formed by the centerlines of the highway bridges over the inlets 80.1114 San Pedro Bay—Anaheim Bay, CA.
to Christmas Bay (Cedar Cut) and Drum Bay. (a) A line drawn across the seaward extremities of the Anaheim Bay
(d) A line drawn from the seaward extremity of the Freeport North Jetty Entrance Jetties; thence to Long Beach Breakwater East End Light 1.
to Freeport Entrance Light 6; thence Freeport Entrance Light 7; thence the (b) A line drawn from Long Beach Channel Entrance Light 2 to Long
seaward extremity of Freeport South Jetty. Beach Light
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 (c) A line drawn from Los Angeles Main Entrance Channel Light 2 to
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6, Los Angeles Light
1986] [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6,
80.850 Brazos River, TX to the Rio Grande, TX. 1986. Further redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987]
(a) Except as otherwise described in this section lines drawn continuing
the general trend of the seaward, highwater shorelines across the inlets to 80.1116 Redondo Harbor, CA.
Brazos River Diversion Channel, San Bernard River, Cedar Lakes, Brown A line drawn from Redondo Beach East Jetty Light 2 to Redondo Beach
Cedar Cut, Colorado River, Matagorda Bay, Cedar Bayou, Corpus Christi West Jetty Light 3.
Bay, and Laguna Madre. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
(b) A line drawn across the seaward extremity of Matagorda Ship FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
Channel North Jetties.
(c) A line drawn from the seaward tangent of Matagorda Peninsula at 80.1118 Marina Del Rey, CA.
Decros Point to Matagorda Light (a) A line drawn from Marina Del Rey Breakwater South Light 1 to
(d) A line drawn across the seaward extremity of the Aransas Pass Marina Del Rey Light 4.
Jetties. (b) A line drawn from Marina Del Rey Breakwater North Light 2 to
(e) A line drawn across the seaward extremity of the Port Mansfield
Marina Del Rey Light 3.
Entrance Jetties.
(c) A line drawn from Marina Del Rey Light 4 to the seaward extremity
(f) A line drawn across the seaward extremity of the Brazos Santiago
of the Ballona Creek South Jetty.
Pass Jetties.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6.
1986]
80.1120 Port Hueneme, CA.
Pacific Coast (a) A line drawn from Port Hueneme East Jetty Light 4 to Port Hueneme
Eleventh District West Jetty Light 3.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
80.1102 Santa Catalina Island, CA. FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
72 COLREGS shall apply to the harbors on Santa Catalina Island. [CGD
77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 FR 80.1122 Channel Islands Harbor, CA.
28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987] (a) A line drawn from Channel Islands Harbor South Jetty Light 2 to
Channel Islands Harbor Breakwater South Light 1.
80.1104 San Diego Harbor, CA. (b) A line drawn from Channel Islands Harbor Breakwater North Light
A line drawn from Zuniga Jetty Light "V" to Zuniga Jetty Light "Z"; to Channel Islands Harbor North Jetty Light 5. [CGD 77-118a, 42 FR 35784,
thence to Point Loma Light July 11, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and
[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 FR CGD 87-008b, 52 FR 25218, July 6, 1987]
25218, July 6, 1987]
80.1124 Ventura Marina, CA.
80.1106 Mission Bay, CA. A line drawn from Venture Marina South Jetty Light 6 to Venture
A line drawn from Mission Bay South Jetty Light 2 to Mission Bay North Marina Breakwater South Light 3; thence to Venture Marina North Jetty
Jetty Light 1. Light 7. [CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 87-
[CGD 77-118a, 42 FR 35784. July 11, 1977. Redesignated by CGD 81-017, 48 008b, 52 FR 25218, July 6, 1987]
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
80.1126 Santa Barbara Harbor, CA.
80.1108 Oceanside Harbor, CA. A line drawn from Santa Barbara Harbor Light 4 to Santa Barbara
A line drawn from Oceanside South Jetty Light 4 to Oceanside Harbor Breakwater Light
Breakwater Light 3. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981, and CGD 87-0086, 52 FR 25218, July 6, 1987]
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
PAGE 8 33 CFR PART 80
55
M.E.T. PUBLICATION 515 — 5TH EDITION
80.1130 San Luis Obispo Bay, CA. 80.1150 Arcata-Humboldt Bay, CA.
A line drawn from the southernmost extremity of Fossil Point to the A line drawn from Humboldt Bay Entrance Light 4 to Humboldt Bay
seaward extremity of Whaler Island Breakwater. Entrance Light 3.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981, and CGD 87-088b, 52 FR 25218, July 6, 1987] FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]

80.1132 Estero-Morro Bay, CA. 80.1152 Crescent City Harbor, CA.


A line drawn from the seaward extremity of the Morro Bay East A line drawn from Crescent City Entrance Light to the southeasternmost
Breakwater to the Morro Bay West Breakwater Light extremity of Whaler Island.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 [CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 FR
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987] 25218, July 6, 1987]

80.1134 Monterey Harbor, CA. Thirteenth District


A line drawn from Monterey Harbor Light 6 to the northern extremity of
Monterey Municipal Wharf 2. 80.1305 Chetco River, OR.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 A line drawn across the seaward extremities of the Chetco River Entrance
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987] Jetties.
[CGD 84-091, 51 FR 7788, Mar. 6, 1986]
80.1136 Moss Landing Harbor, CA.
A line drawn from the seaward extremity of the pier located 03 mile 80.1310 Rogue River, OR.
south of Moss Landing Harbor Entrance to the seaward extremity of the A line drawn across the seaward extremities of the Rogue River Entrance
Moss Landing Harbor North Breakwater. [CGD 77-118a, 42 FR 35784, July Jetties.
11, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and CGD [CGD 84-091, 51 FR 7788, Mar. 6, 1986]
87-008b, 52 FR 25218, July 6, 1987]
80.1315 Coquille River, OR.
80.1138 Santa Cruz Harbor, CA. A line drawn across the seaward extremities of the Coquille River
A line drawn from the seaward extremity of the Santa Cruz Harbor East Entrance Jetties.
Breakwater to Santa Cruz Harbor West Breakwater Light; thence to Santa [CGD 84-091, 51 FR 7788, Mar. 6, 1986]
Cruz Light
[CGD 84-091, 51 FR 21748, June 16, 1986. redesignated by CGD 87-008b, 52 80.1320 Coos Bay, OR.
FR 25218, July 6, 1987] A line drawn across the seaward extremities of the Coos Bay Entrance
Jetties.
80.1140 Pillar Point Harbor, CA. [CGD 84-091, 51 FR 7788, Mar. 6, 1986]
A line drawn from Pillar Point Harbor Light 6 to Pillar Point Harbor
Entrance Light 80.1325 Umpqua River, OR.
[CGD 844191, 51 FR 7788, Mar. 6, 1986, Redesignated by CGD 87-008b, 52 FR A line drawn across the seaward extremities of the Umpqua River
25218, July 6, 1987] Entrance Jetties.
[CGD 84-091, 51 FR 7788, Mar. 6, 1986]
80.1142 San Francisco Harbor, CA.
A straight line drawn from Point Bonita Light through Mile Rocks Light 80.1330 Siuslaw River, OR.
to the shore. A line drawn across the seaward extremities of the Siuslaw River
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 Entrance Jetties.
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987] [CGD 84-091, 51 FR 7788, Mar. 6, 1986]

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.

80.1148 Noyo River, CA. 80.1350 Netarts Bay, OR.


A line drawn from Noyo River Entrance Daybeacon 4 to Noyo River A line drawn from the northernmost extremity of the shore on the south
Entrance Light 5. side of Netarts Bay north to the opposite shoreline.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6.,1987] 80.1355 Tillamook Bay, OR.
A line drawn across the seaward extremities of the Tillamook Bay
Entrance Jetties.
[CGD 84-091, 51 FR 7788, Mar. 6, 1986]

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]

80.1370 Willapa Bay, WA. 80.1470 Kawaibae Harbor, Hawaii, HI.


A line drawn from Willapa Bay Light 169.8° true to the westernmost A line drawn from Kawaihae Light to the seaward extremity of the
tripod charted 1.6 miles south of Leadbetter Point Kawaihae South Breakwater.
[CGD 89-068,55 FR 31831, Aug. 8, 1990]
80.1480 Hilo Harbor, Hawaii, HI.
80.1375 Grays Harbor, WA. A line drawn from the seaward extremity of the Hilo Breakwater 265°
A line drawn across the seaward extremities (above water) of the Orays true (as an extension of the seaward side of the breakwater) to the shoreline
Harbor Entrance Jetties. 0.2 nautical mile north of Alealea Point
[CGD 84-091, 51 FR 7788, Mar. 6, 1986]
80.1490 Apra Harbor, U.S. Territory of Guam.
80.1380 Quillayute River, WA. A line drawn from the westernmost extremity of Orote Island to the
A line drawn from the seaward extremity of the Quillayute River westernmost extremity of Glass Breakwater.
Entrance East Jetty to the overhead power cable tower charted on James
Island; thence a straight line through Quillayute River Entrance Light 3 to 80.1495 U.S. Pacific Island Possessions.
the shoreline. The 72 COLREGS shall apply on the bays, harbors, lagoons, and waters
surrounding the U.S. Pacific Island Possessions of American Somoa,
80.1385 Strait of Juan de Fuca. Baker, Canton, Howland, Jarvis, Johnson, Palmyra, Swains and Wake
The 72 COLREGS shall apply on all waters of the Strait of Juan de Fuca. Island. (The Trust Territory of the Pacific Islands is not a U.S. possession,
[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982. and 49 and therefore Part 80 does not apply thereto.)
FR 3177, Jan. 26, 1984] [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]
80.1390 Haro Strait and Strait of Georgia.
Alaska
The 72 COLREGS shall apply on all waters of the Haro Strait and the Seventeenth District
Strait of Georgia.
[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982, and 49
80.1705 Alaska.
FR 3177, Jan. 26, 1984]
The 72 COLREGS shall apply on all the sounds, bays, harbors, and inlets
of Alaska.
80.1395 Puget Sound and adjacent waters.
[CGD 79-036, 44 FR 22458, Apr. 16, 1979. Redesignated by CGD 81-017, 46 FR
The 72 COLREGS shall apply on all waters of Puget Sound and adjacent
28154, May 26, 1981]
waters, including Lake Union, Lake Washington, Hood Canal, and all
tributaries.
[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25, 1982. and 49
FR 3177, Jan. 26, 1984]
Pacific Islands
Fourteenth District

80.1410 Hawaiian Island Exemption from General Rule.


Except as provided elsewhere in this part for Mamala Bay and Kaneohe
Bay on Oahu; Port Alien and Nawiliwili Bay on Kauai; Kahului Harbor on
Maui;
and Kawailae and Hilo Harbors on Hawaii, the 72 COLREGS shall apply
on all other bays, harbors, and lagoons of the Hawaiian Island (including
Midway).

80.1420 Mamala Bay, Oahu, HI.


A line drawn from Barbers Point Light to Diamond Head Light

80.1430 Kaneohe Bay, Oahu, HI.


A straight line drawn from Pyramid Rock Light across Kaneohe Bay
through the center of Mokolii Island to the shoreline.

80.1440 Port Alien, Kauai, HI.


A line drawn from Hanapepe Light to Hanapepe Bay Breakwater Light
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977.
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]

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

(f) A statement that the required alternative installation is in the closest


possible compliance with the 72 COLREGS without interfering with the special
function of the vessel;
(g) The date of issuance;
(h) A statement that the Certificate of Alternative Compliance terminates
when the vessel ceases to be usually engaged in the operation for which the
certificate is issued.
[CGD 77-136, 47 FR 13800, Apr. 1, 1982]

81.17 Certificate of Alternative Compliance: Termination.


The Certificate of Alternative Compliance terminates if the information
supplied under §81.5(a) or the Certificate issued under §81.9 is no longer
applicable to the vessel.
[CGD 77-136, 47 FR 13800, Apr. 1, 1982]

81.18 Notice and record of certification of vessels of special construction


or purpose.
(a) In accordance with 33 U.S.C. 1605(c), a notice is published in the Federal
Register of the following:
(1) Each Certificate of Alternative Compliance issued under §81.9; and
(2) Each Coast Guard vessel determined by the Commandant to be a vessel of
special construction or purpose.
(b) Copies of Certificate of Alternative Compliance and documentation
concerning Coast Guard vessels are available for inspection at Marine Safety
and Environmental Protection, U.S. Coast Guard Headquarters, 2100 Second
Street SW., Washington, DC 20593-0001.
(c) The owner or operator of a vessel issued a Certificate shall ensure that
the vessel does not operate unless the Certificate of Alternative Compliance
or a certified copy of that Certificate is on board the vessel and available for
inspection by Coast Guard personnel.
(Approved by the Office of Management and Budget under control
number 2115-0073)
[CGD 77-136. 47 FR 13800, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 25113,
July 1, 1988; 61 FR 33660, June 28, 1996]

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

AUTHORITY: 30 Stat. 98 (33 U.S.C 180); 49 CFR 146(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)

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]

82.3 Pushing vessel and vessel being pushed: Composite unit


Rule 24(b) of the 72 COLREGS states that when a pushing vessel and a
vessel being pushed ahead are rigidly connected in a composite unit, they are
regarded as a power-driven vessel and must exhibit the lights under Rule 23. A
"composite unit" is interpreted to be a pushing vessel that is rigidly connected
by mechanical means to a vessel being pushed so they react to sea and swell as
one vessel.' 'Mechanical means'' does not include the following:
(a) Lines
(b) Hawsers.
(c) Wires
(d) Chains
[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
PAGE 2
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]

84.21 Intensity of non-electric lights.


Non-electric lights shall so far as practicable comply with the minimum
intensities, as specified in the Table given in §84.15.

84.23 Maneuvering light


Notwithstanding the provisions of §84.03(f), the maneuvering light
described in Rule 34(b) shall be placed approximately in the same fore and
aft vertical plane as the masthead light or lights and, where practicable, at a
minimum height of one-half meter vertically above the forward masthead
light, provided that it shall be carried not less than one-half meter vertically
above or below the after masthead light On a vessel where only one
masthead light is carried the maneuvering light, if fitted, shall be carried
where it can best be seen, not less than one-half meter vertically apart from
the masthead light

84.25 Approval. [Reserved]

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

[ 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

85.1 General.
85.3 Signals for trawlers
85.5 Signals for purse seiners

AUTHORITY: Sec 3, Pub. L 96-591, 49 CFR 1.46(n)(14) SOURCE: COD


81-006, 46 FR 61845, Dec 21, 1981, unless otherwise noted

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

85.3 Signals for trawlers.


(a) Vessels when engaged in trawling, whether using demersal or pelagic gear,
may exhibit
(1) When shooting their nets- two white lights in a vertical line,
(2) When hauling their nets: one white light over one red light in a vertical line;
(3) When the net has come fast upon an obstruction- two red lights in a vertical
line
(b) Each vessel engaged in pair trawling may exhibit
(1) By night, a searchlight directed forward and in the direction of the other
vessel of the pair;
(2) When shooting or hauling their nets or when their nets have come fast upon
an obstruction, the lights prescribed in paragraph (a) of this section

85.5 Signals for purse seiners.


Vessels engaged in fishing with purse seine gear may exhibit two yellow
lights in a vertical line. These lights shall flash alternately every second and
with equal light and occultation duration. These lights may be exhibited only
when the vessel is hampered by its fishing gear

33 CFR PART 85 PAGE 1


64
M.E.T. PUBLICATION 515 — 5TH EDITION
(a) A piece of orange-colored canvas with either a black square and circle
TITLE 33 or other appropriate symbol (for identification from the air);
CODE OF FEDERAL REGULATIONS (b) A dye marker.
PART 87 - ANNEX IV: DISTRESS SIGNAL [CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended by CGD 89-024 55 FR
3947, Feb. 6, 1990]

[ 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

87.1 Need of assistance.


87.3 Exclusive use.
87.5 Supplemental signals.

AUTHORITY: 33 U.S.C. 2071; 49 CFR 1.46.

87.1 Need of assistance.


The following signals, used or exhibited either together or separately,
indicate distress and need of assistance:
(a) A gun or other explosive signal fired at intervals of about a minute.
(b) A continuous sounding with any fog-signaling apparatus;
(c) Rockets or shells, throwing red stars fired one at a time at short
intervals;
(d) A signal made by radiotelegraphy or by any other signaling method
consisting of the group • • • ——— • • • (SOS) in the Morse Code,
(e) A signal sent by radiotelephony consisting of the spoken word
"Mayday";
(f) The International Code Signal of distress indicated by N.C.
(g) A signal consisting of a square flag having above or below it a ball
or anything resembling a ball;
(h) Flames on the vessel (as from a burning tar barrel, oil barrel, etc.);
(i) A rocket parachute flare or a hand flare showing a red light;
(j) A smoke signal giving off orange-colored smoke;
(k) Slowly and repeatedly raising and lowering arms outstretched to each
side;
(1) The radiotelegraph alarm signal;
(m) The radiotelephone alarm signal;
(n) Signals transmitted by emergency position-indicating radio beacons;
(o) Signals transmitted by radiocommunication systems. (p) A high
intensity white light flashing at regular intervals from 50 to 70 times per
minute.
[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended by CGD 89-024, 55 FR
3947, Feb. 6, 1990]

87.3 Exclusive use.


The use or exhibition of any of the foregoing signals except for the purpose
of indicating distress and need of assistance and the use of other signals which
may be confused with any of the above signals is prohibited.
[CGD 81-007, 47 FR 16174, Apr. 15, 1982]

87.5 Supplemental signals.


Attention is drawn to the relevant sections of the International Code of
Signals, the Merchant Ship Search and Rescue Manual, the International
Telecommunication Union Radio Regulations and the following signals:

PAGE 1 33 CFR PART 87


65
M.E.T. PUBLICATION 515 — 5TH EDITION
and commercial vessels performing similar functions, may display an
TITLE 33 alternately flashing red and yellow light signal. This identification light
CODE OF FEDERAL REGULATIONS signal must be located so that it does not interfere with the visibility of the
vessel's navigation lights. The identification light signal may be used only
PART 88 - ANNEX V: PILOT RULES as an identification signal and conveys no special privilege. Vessels using
the identification light signal during public safety activities must abide by
the Inland Navigation Rules, and must not presume that the light or the
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." exigency gives them precedence or right of way.
However, we reprinted only those subparts and sections of concern to foreign (b) Public safety activities include but are not limited to patrolling marine
vessels. If you need additional information listed in this Table of Contents that does parades, regattas, or special water celebrations; traffic control;
not appear in the pages that follow, please write or fax us. We will be glad to furnish salvage, firefighting; medical assistance; assisting disabled vessels; and
this information for a small service charge.] search and rescue.
[CGD 90-032, 56 FR 33386. July 22, 1991]
TABLE OF CONTENTS
88.13 Lights on barges at bank or dock.
(a) The following barges shall display at night and if practicable in
periods of restricted visibility the lights described in paragraph (b) of this
88.01 Purpose and applicability.
section:
88.03 Definitions.
(1) Every barge projecting into a buoyed or restricted channel.
88.05 Copy of rules.
(2) Every barge so moored that it reduces the available navigable width
88.09 Temporary exemption from light and shape requirements when
of any channel to less than 80 meters.
operating under bridges.
(3) Barges moored in groups more than two barges wide or to a max-
88.11 Law enforcement vessels.
imum width of over 25 meters.
88.12 Public safety activities.
88.13 Lights on barges at bank or dock. (4) Every barge not moored parallel to the bank or dock.
(b) Barges described in paragraph (a) of this section shall carry two
88.15 Lights on dredge pipelines
unobstructed white lights of an intensity to be visible for at least one mile
AUTHORITY: 33 U.S.C. 2071; 49 CFR 1.46 SOURCE: COD 80-158,47 on a clear dark night, and arranged as follows:
FR 16175, Apr. 15,1982, unless otherwise noted. (1) On a single moored barge, lights shall be placed on the two comers
farthest from the bank or dock.
(2) On barges moored in group formation, a light shall be placed on each
88.01 Purpose and applicability.
of the upstream and downstream ends of the group, on the comers farthest
This part applies to all vessels operating on United States inland waters
from the bank or dock.
and to United States vessels operating on the Canadian waters of the Great
(3) Any barge in a group, projecting from the main body of the group
Lakes to the extent there is no conflict with Canadian law.
toward the channel, shall be lighted as a single barge.
(c) Barges moored in any slip or slough which is used primarily for
88.03 Definitions. mooring purposes are exempt from the lighting requirements of this
The terms used in this part have the same meaning as defined in the section.
Inland Navigational Rules Act of 1980. (d) Barges moored in well-illuminated areas are exempt from the
lighting requirements of this section. These areas are as follows:
88.05 Copy of rules.
After January 1, 1983, the operator of each self-propelled vessel 12 Chicago Sanitary Ship Canal
meters or more in length shall carry on board and maintain for ready
reference a copy of the Inland Navigation Rules. [MET Editorial Note: The (1) Mile 293.2 to 293.9
publication cited in this section is COMDTINST 16672..2C available as MET (3) Mile 295.2 to 296.1
Stock # BK-299. This publication must be carried aboard all vessels operating (5) Mile 297.5 to 297.8
in U.S. Inland Waters.] (7) Mile 298 to 298.2
(9) Mile 298.6 to 298.8
(11) Mile 299.3 to 299.4
88.09 Temporary exemption from light and shape requirements when (13) Mile 299.8 to 300.5
operating under bridges. (15) Mile 303 to 303.2
A vessel's navigation lights and shapes may be lowered if necessary to (17) Mile 303.7 to 303.9
pass under a bridge. (19) Mile 305.7 to 305.8
(21) Mile 310.7 to 310.9
88.11 Law enforcement vessels. (23) Mile 311 to 311.2
(a) Law enforcement vessels may display a flashing blue light when (25) Mile 312.5 to 312.6
(27) Mile 313.8 to 314.2
engaged in direct law enforcement or public safety activities. This light
(29) Mile 314.6
must be located so that it does not interfere with the visibility of the vessel's
(31) Mile 314.8 to 315.3
navigation lights. (33) Mile 315.7 to 316
(b) The blue light described in this section may be displayed by law (35) Mile 316.8
enforcement vessels of the United States and the States and their political (37) Mile 316.85 to 317.05
subdivisions. (39) Mile 317.5
[CGD 80-158, 47 FR 16175, Apr. 15, 1982. as amended by CGD 90-032, 56 FR (41) Mile 318.4 to 318.9
33385, July 22, 1991] (43) Mile 318.7 to 318.8
(45) Mile 320 to 320.3
88.12 Public safety activities. (47) Mile 320.6
(49) Mile 322.3 to 322.4
(a) Vessels engaged in government sanctioned public safety activities,
(51) Mile 322.8
(53) Mile 322.9 to 327.2

33 CFR PART 88 PAGE 1


66
M.E.T. PUBLICATION 515 — 5TH EDITION
Calumet Sag Channel
(61) Mile 316.5

Little Calumet River


(71) Mile 321.2
(73) Mile 322.3

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

88.15 Lights on dredge pipelines.


Dredge pipelines that are floating or supported on trestles shall display the
following lights at night and in periods of restricted visibility.
(a) One row of yellow lights. The lights must be:
(1) Flashing 50 to 70 times per minute,
(2) Visible all around the horizon,
(3) Visible for at least 2 miles on a clear dark night,
(4) Not less than 1 and not more than 3.5 meters above the water,
(5) Approximately equally spaced, and
(6) Not more than 10 meters apart where the pipeline crosses a navigable
channel. Where the pipeline does not cross a navigable channel the lights must
be sufficient in number to clearly show the pipeline's length and course.
(b) Two red lights at each end of the pipeline, including the ends in a channel
where the pipeline is separated to allow vessels to pass (whether open or closed).
The lights must be:
(1) Visible all around the horizon, and
(2) Visible for at least 2 miles on a clear dark night, and
(3) One meter apart in a vertical line with the lower light at the same height
above the water as the flashing yellow light.

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;

33 CFR PART 89 PAGE 1


68
M.E.T. PUBLICATION 515 — 5TH EDITION
(g) The date of issuance; areas:
(h) A statement that the Certificate of Alternative Compliance terminates (1) St. Andrews Bay from the Hathaway Fixed Bridge at Mile 284.6 East
when the vessel ceases to be usually engaged in the operation for which the of Harvey Locks (EHL) to the DuPont Fixed Bridge at Mile 295.4 EHL.
certificate is issued. (2) Pensacola Bay, Santa Rosa Sound and Big Lagoon from the Light
"10" off of Trout Point at Mile 176.9 EHL to the Pensacola Fixed Bridge at
89.17 Certificate of Alternative Compliance: Termination. Mile 189.1 EHL.
The Certificate of Alternative Compliance terminates if the information (3) Mobile Bay and Bon Secour Bay from the Dauphin Island Causeway
supplied under §89.5(a) or the Certificate issued under §89.9 is no longer Fixed Bridge at Mile 127.7 EHL to Little Point Clear at Mile 140 EHL.
applicable to the vessel. (4) Mississippi Sound from Grand Island Waterway Light "1" at Mile
53.8 EHL to Light "40" off the West Point of Dauphin Island at Mile 118.7
EHL.
89.18 Record of certification of vessels of special construction or
(5) The Mississippi River at New Orleans, Mississippi River-Gulf Outlet
purpose.
(a) Copies of Certificates of Alternative Compliance and documentation Canal and the Inner Harbor Navigation Canal from the junction of the
concerning Coast Guard vessels are available for inspection at the Chief, Harvey Canal and the Algiers Alternate Route at Mile 6.5 West of Harvey
Marine Safety and Environmental Protection, U.S. Coast Guard Headquar- Locks (WHL) to the Michoud Canal at Mile 18 EHL.
ters, 2100 Second Street SW., Washington, DC 20593-0001. (6) The Calcasieu River from the Calcasieu Lock at Mile 238.6 WHL to
(b) The owner or operator of a vessel issued a Certificate shall ensure the Ellender Lift Bridge at Mile 243.6 WHL.
that the vessel does not operate unless the Certificate of Alternative (7) The Sabine Neches Canal from mile 262.5 WHL to mile 291.5 WHL.
Compliance or a certified copy of that Certificate is on board the vessel and (8) Bolivar Roads from the Bolivar Assembling Basin at Mile 346 WHL
available for inspection by Coast Guard personnel. to the Galveston Causeway Bridge at Mile 3573 WHL.
[CGD 80-187, 47 FR 13801, Apr. 1, 1982. as amended by CGD 88-052, 53 FR (9) Freeport Harbor from Subside Beach Fixed Bridge at Mile 393.8
25120, July 1, 1988, 61 FR 33660, June 28, 1996] WHL to the Bryan Beach Pontoon Bridge at Mile 397.6 WHL.
(10) Matagorda Ship Channel area of Matagorda Bay from Range "K"
Subpart B—Waters Upon Which Certain Inland Front Light at Mile 468.7 WHL to the Port O'Connor Jetty at Mile 472.2
Navigation Rules Apply WHL.
(11) Corpus Christi Bay from Redfish Bay Day Beacon "55" at Mile
537.4 WHL when in the Gulf Intracoastal Waterway main route or from the
89.21 Purpose. north end of Lydia Ann Island Mile 531.1A when in the Gulf Intracoastal
Inland Navigation Rules 9(a)(ii), 14(d), and 15(b) apply to the Great Waterway Alternate Route to Corpus Christi Bay LT 76 at Mile 543.7
Lakes, and along with 24(i), apply on the "Western Rivers" as defined in WHL.
Rule 3(1), and to additional specifically designated waters. The purpose of (12) Port Isabel and Brownsville Ship Channel south of the Padre Island
this Subpart is to specify those additional waters upon which Inland Causeway Fixed Bridge at Mile 665.1 WHL.
Navigation Rules 9(a)(ii), 14(d), 15(b), and 24(i) apply. [CGD 91-050, 58 FR 27625, May 10, 1993]
[CGD 85-081, 51 FR 4592, Feb. 6, 1986]

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]

89.27 Waters upon which Inland Rule 24(i) applies.


(a) Inland Rule 24(i) applies on the Western Rivers and the specified
waters listed in §89.25 (a) through (i).
(b) Inland Rule 24(i) applies on the Gulf Intracoastal Waterway from St.
Marks, Florida, to the Rio Grande, Texas, including the Morgan City-Port
Alien Alternate Route and the Galveston-Freeport Cutoff, except that a
power-driven vessel pushing ahead or towing alongside shall exhibit the
lights required by Inland Rule 24(c), while transiting within the following

PAGE 2 33 CFR PART 89


69
M.E.T. PUBLICATION 515 — 5TH EDITION

TITLE 33
CODE OF FEDERAL REGULATIONS
PART 90 - INLAND RULES:
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

90.1 Purpose.
90.3 Pushing vessel and vessel being pushed: Composite unit

AUTHORITY: 33 U.S.C 2071; 49 CFR 1.46(n)(14) SOURCE: CGD 83-


011, 48 FR 51622, Nov. 10, 1983, unless otherwise noted.

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

90.3 Pushing vessel and vessel being pushed: Composite unit


Rule 24(b) of the Inland Rules states that when a pushing vessel and a vessel
being pushed ahead are rigidly connected in a composite unit, they are
regarded as a power-driven vessel and must exhibit the lights prescribed in
Rule 23. A "composite unit" is interpreted to be the combination of a pushing
vessel and a vessel being push ahead that are rigidly connected by mechanical
means so they react to sea and swell as one vessel Mechanical means does not
include lines, wires, hawsers, or chains

33 CFR PART 90 PAGE 1


70
M.E.T. PUBLICATION 515 — 5TH EDITION
urine, saliva and/or other bodily fluids or tissues for evidence of drop or
TITLE 33 alcohol use.
CODE OF FEDERAL REGULATIONS Controlled substance has the same meaning assigned by 21 U.S.C. 802
PART 95 - OPERATING A VESSEL and includes all substances listed on Schedules I through V as they may be
revised from time to time (21 CFR Part 1308).
WHILE INTOXICATED Drug means any substance (other than alcohol) that has known mind or
function-altering effects on a person, specifically including any psycho-
active substance, and including, but not limited to, controlled substances.
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." Intoxicant means any form of alcohol, drug or combination thereof
However, we reprinted only those subparts and sections of concern to foreign Law enforcement officer means a Coast Guard commissioned, warrant, or
vessels. If you need additional information listed in this Table of Contents that does petty officer; or any other law enforcement officer authorized to obtain a
not appear in the pages that follow, please write or fax us. We will be glad to furnish chemical test under Federal, State, or local law.
this information for a small service charge.] Marine employer means the owner, managing operator, charterer, agent,
master, or person in charge of a vessel other than a recreational vessel.
Recreational vessel means a vessel meeting the definition in 46 U.S.C.
TABLE OF CONTENTS
2101(25) that is then being used only for pleasure.
Underway means that a vessel is not at anchor, or made fast to the shore,
95.001 Purpose. or aground.
95.005 Applicability Vessel includes every description of watercraft or other artificial con-
95.010 Definition of terms as used in this part. trivance used, or capable of being used, as a means of transportation on
95.015 Operating a vessel. water
Vessel owned in the United States means any vessel documented or num-
95.020 Standard of intoxication.
bered under the laws of the United States; and, any vessel owned by a citi-
95.025 Adoption of State standards.
zen of the United States that is not documented or numbered by any nation
95.030 Evidence of intoxication. [CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, April 21,
95.035 Reasonable cause for directing a chemical test 1988]
95.040 Refusal to submit to testing
95.045 General operating rules for vessels inspected, or subject to 95.015 Operating a vessel.
inspection, under Chapter 33 of Title 46 United States Code For purposes of this part, an individual is considered to be operating a
95.050 Responsibility for compliance vessel when:
95.055 Penalties (a) The individual has an essential rote in the operation of a recreational
vessel underway, including but not limited to navigation of the vessel or
AUTHORITY 46 U S.C 2302, 3306, and 7701; 49 CFR 1.46. SOURCE: control of the vessel's propulsion system.
CGD 84-099, 52 FR 47532, Dec. 14, 1987, unless otherwise noted. (b) The individual is a crewmember (including a licensed individual),
pilot, or watchstander not a regular member of the crew, of a vessel other
than a recreational vessel.

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.

95.030 Evidence of intoxication.


Acceptable evidence of intoxication includes, but is not limited to:
(a) Personal observation of an individual's manner, disposition, speech,
muscular movement, general appearance, or behavior; or,
(b) A chemical test
[CGD 84-099, 53 FR 13117, April 21, 1988; CGD 84-099, 53 FR 13117, Apr. 21,
1988]

95.035 Reasonable cause for directing a chemical test


(a) Only a law enforcement officer or a marine employer may direct an
individual operating a vessel to undergo a chemical test when reasonable
cause exists. Reasonable cause exists when:
(1) The individual was directly involved in the occurrence of a marine
casualty as defined in Chapter 61 of Title 46, United States Code, or
(2) The individual is suspected of being in violation of the standards in
§§95.020 or 95.025.
(b) When an individual is directed to undergo a chemical test, the indi-
vidual to be tested must be informed of that fact and directed to undergo a
test as soon as is practicable.
(c) When practicable, a marine employer should base a determination of
the existence of reasonable cause, under paragraph (a)(2) of this section, on
observation by two persons.
[CGD 84-099, FR 47532, Dec. 14, 1387; CGD 1987, 53 FR 13117, Apr. 1, 1988]

95.040 Refusal to submit to testing.


(a) If an individual refuses to submit to or cooperate in the administration
of a timely chemical test when directed by a law enforcement officer based
on reasonable cause, evidence of the refusal is admissible in evidence in any
administrative proceeding and the individual will be presumed to be
intoxicated.
(b) If an individual refuses to submit to or cooperate in the administration
of a timely chemical test when directed by the marine employer based on
reasonable cause, evidence of the refusal is admissible in evidence in any
administrative proceeding.

95.045 General operating rules for vessels inspected, or subject to inspection,


under Chapter 33 of Title 46 United States Code.
While on board a vessel inspected, or subject to inspection, under Chapter 33
of Title 46 United States Code, a crewmember (including a licensed
individual), pilot, or watchstander not a regular member of the crew:
(a) Shall not perform or attempt to perform any scheduled duties within four
hours of consuming any alcohol;
(b) Shall not be intoxicated at any time;
(c) Shall not consume any intoxicant while on watch or duty; and
(d) May consume a legal non-prescription or prescription drug provided the
drug does not cause the individual to be intoxicated.

95.050 Responsibility for compliance.


(a) The marine employer shall exercise due diligence to assure compliance
with the applicable provisions of this part.
(b) If the marine employer has reason to believe that an individual is
intoxicated, the marine employer shall not allow that individual to stand watch
or perform other duties.

95.055 Penalties.
An individual who is intoxicated when operating a vessel in violation of 46
U.S.C. 2302(c)—

33 CFR PART 95 PAGE 2


72
M.E.T. PUBLICATION 515 — 5TH EDITION
representatives of other departments likely to be interested, including the
TITLE 33 Commandant of the Naval District concerned and the medical officer in
CODE OF FEDERAL REGULATIONS charge of the quarantine station at localities where quarantine anchorages
are involved, in order that they may arrange for suitable representation at
PART 109 - GENERAL such hearings. The views of the medical officer in charge of the quarantine
station relating to the proposed location and boundaries of the quarantine
anchorage will be accepted insofar as practicable and consistent with the
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." establishment of other anchorage areas (An Act of Congress approved July
However, we reprinted only those subparts and sections of concern to foreign 1,1944, as amended (42 U.S.C. 267), authorizes the Surgeon General, with
vessels. If you need additional information listed in this Table of Contents that does the approval of the Secretary of Health, Education, and Welfare, to
not appear in the pages that follow, please write or fax us. We will be glad to furnish designate the boundaries of the quarantine grounds and quarantine
this information for a small service charge.] anchorages for vessels which are reserved for use at each United States
quarantine station.) A notice of public hearing concerning changes to the
TABLE OF CONTENTS Anchorage Regulations will be issued by the District Commander and will
be mailed to all known interested parties. After providing an opportunity for
109.01 Purpose. public participation, the District Commander will, if circumstances so
109.05 Anchorage grounds. warrant, issue changes to the Anchorage Regulations, or in appropriate
cases forward recommendations for such changes to the Commandant
109.07 Anchorages under Ports and Waterways Safety Act
(c) As soon as publication has been noted in the Federal Register, the
109.10 Special anchorage areas.
District Commander will publish changes to the Anchorage Regulations in
109.15 Enforcement proceedings the Local Notice to Mariners.
109.20 Publication; notice of proposed rule making (33 U.S.C 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))
[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR
AUTHORITY: R.S. 4233, as amended, 28 Stat. 647 as amended, 30 Stat. 51585, Sept. 4, 1979]
98, as amended, sec. 7, 38 Stat. 1053, as amended, sec. 6(g)(1), 80 Stat.
940; 33 U.S.C. 180, 258, 322, 471, 49 U.S.C. 1655(g)(1)); Department of
Transportation Order 1100.1, March 31, 1967, 49 CFR 1.4(a)(3). 109.07 Anchorages under Ports and Waterways Safety Act
The provisions of section 4 (a) and (b) of the Ports and Waterways Safety
Act as delegated to the Commandant of the U.S. Coast Guard in 49 CFR
1.46(n)(4) authorize the Commandant to specify times of movement within
109.01 Purpose. ports and harbors, restrict vessel operations in hazardous areas and under
(a) The purpose of the rules and regulations in this subchapter is to hazardous conditions, and direct the anchoring of vessels. The sections
implement certain laws and set forth the requirements for anchorage areas listed in §110.la of this subchapter are regulated under the Ports and
(b) There were transferred to and vested in the Secretary of Transpor- Waterways Safety Act
tation by subsection 6(g) of the Department of Transportation Act (sec 6(g), (33 U.S.C. 1221 et seq.; 33 U.S.C. 471; 49 U.S.C. 1655(g)(1); 49 CFR
80 Stat. 941,49 U.S.C. 1655) all functions, powers, and dirties of the 1.46(n); 49 CFR 1.46(c)(1))
Secretary of the Army under specified laws The Secretary of Transportation [CGD 3-81-1A, 47 FR 4063, Jan. 28. 1982]
by Department of Transportation Older 1100.1 (49 CFR 1.4(a)(3)), with
specified limitations, delegated to the Commandant, U.S. Coast Guard,
109.10 Special anchorage areas.
authority to exercise the functions, powers, and duties of the Secretary with
An Act of Congress of April 22, 1940, provides for the designation of
respect to anchorages, as further described in §110.1 of this subchapter. The
special anchorage areas wherein vessels not more than sixty-five feet in
Commandant redelegated this authority to each Coast Guard District
length, when at anchor, will not be required to carry or exhibit anchorage
Commander with specified limitations, as set forth in §1.05-l(g) of this title.
lights. Such designation is to be made after investigation, by rule, regu-
(33 U.S.C. 471, 180, 258, 322, and 499, 49 CFR 1.46(c) and 1.45(b))
lation, or order, the procedure for which will be similar to that followed for
[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR
anchorage grounds under section 7 of the River and Harbor Act of March
51585, Sept. 4. 1979]
4,1915, as referred to in §109.05. The areas so designated should be well
removed from roe fairways and located where general navigation will not
109.05 Anchorage grounds. endanger or be endangered by unlighted vessels. The authority to designate
(a) Section 7 of the River and Harbor Act of March 4,1915 (33 U.S.C. special anchorage areas was transferred to and vested in the Secretary of
471), authorizes the establishment of anchorage grounds for vessels in Transportation by section 6(g)(1)(D) of the Department of Transportation
navigable waters of the United States whenever it is apparent that these are Act (80 Stat. 931) and delegated to the Commandant of the U.S. Coast
required by the maritime or commercial interests of the United States for Guard in Title 49, Code of Federal Regulations and redelegated, with
safe navigation. The statute also authorizes the adoption of suitable rules specified limitations, by the Commandant to each Coast Guard District
and regulations regarding the establishment of anchorage grounds, which Commander in §1.05-1(g) of this title.
are enforced by the Coast Guard. The authority conferred by this statute was (33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))
transferred to and vested in the Secretary of Transportation by section [CGD 79-096, 44 FR 51585, Sept 4, 1979]
6(g)(1)(A) of the Department of Transportation Act (80 Stat. 931) and
delegated to the Commandant of the U.S. Coast Guard in §1.46 of Title 49
109.15 Enforcement proceedings.
CFR, and redelegated, with specified limitations, by the Commandant to
Proceedings against a vessel violating the Anchorage Regulations are to
each Coast Guard District Commander in §1.05-1 (g) of this title.
be brought in the name of the officer of the Coast guard assigned for the
(b) District Commanders will, whenever matters relating to the anchorage
time being as Captain of the Port When the vessel is at a port where there is
of vessels are under consideration, ascertain the view of the District and
no Coast Guard officer, proceedings will be initiated in the name of the
Division Engineer, Corps of Engineers, U.S Army, and the proper
District Commander.
[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]

PAGE 1 33 CFR PART 109


73
M.E.T. PUBLICATION 515 — 5TH EDITION

109.20 Publication; notice of proposed rule making.


(a) Section 4 of the Administrative Procedure Act (5 U.S.C. 553), requires
publication of general notice of proposed rule making in the Federal Register
(unless all persons subject thereto are named and either personally served or
otherwise have actual notice thereof in accordance with law), except to the
extent that mere is involved (1) any military, naval, or foreign affairs function
of the United States or (2) any matter relating to agency management or
personnel or to public property, loans, grants, benefits, or contracts. Except
where notice or hearing is required by statute, this requirement does not apply
to interpretative rules, general statements of policy, rules of agency
organization, procedure, or practice, or in any situation in which the agency
for good cause finds (and incorporates the finding and a brief statement of
the reasons therefore in the rules issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public interest
(b) General notice of proposed rule making published in accordance with
the above will include (1) a statement of the time, place, and nature of public
rule making proceedings; (2) reference to the authority under which the rule is
proposed; and (3) either the terms or substance of the proposed rule or a
description of the subjects and issues involved.
[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]

33 CFR PART 109 PAGE 2


74
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
110.71b Wye River, Wye, Md.
CODE OF FEDERAL REGULATIONS 110.72 Blackhole Creek, Md.
PART 110 - ANCHORAGE REGULATIONS 110.72a Chester River, southeast of Chestertown, Md.
110.72a Elizabeth River Spectator Vessel Anchorage Areas, between
folk and Portsmouth, Virginia.
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." 110.72b St. Simons Island, Georgia.
However, we reprinted only those subparts and sections of concern to foreign 110.72c Lake Murray, S.C.
vessels. If you need additional information listed in this Table of Contents that does 110.72d Ashley River anchorage areas, S.C.
not appear in the pages that follow, please write or fax us. We will be glad to furnish 110.73 St. Johns River, Fla.
this information for a small service charge.] 110.73a Indian River at Sebastian, Fla.
110.73b Indian River at Vero Beach, Fla.
110.74 Marco Island, Marco River, Fla.
110.74a Manatee River, Bradenton, Fla.
TABLE OF CONTENTS 110.74b Apollo Beach, Fla.
110.74c Bahia de San Juan, PR.
110.1 General. 110.75 Corpus Christi Bay, Tex.
110.1a Anchorages under Ports and Waterways Safety Act 110.77 Amistad Reservoir, Tex.
110.77a Duluth-Superior Harbor, Duluth, Minn.
Subpart A—Anchorage Areas 110.77b Madeline Island, WI.
110.5 Casco Bay, Maine 110.78 Sturgeon Bay, Sturgeon Bay, Wis.
110.6 Portland Harbor, Portland, Maine (between Little Diamond Island 110.79a Neenah Harbor, Neenah, Wis.
and Great Diamond Island) 110.79b Millers Bay, Lake Winnebago, Oshkosh, WI.
110.6a Fore River, Portland Harbor, Portland, Maine. 110.79c Fish Creek Harbor, Fish Creek, Wisconsin.
110.8 Lake Champlain, N.Y. and Vt. 110.80 Milwaukee Harbor, Milwaukee, Wis.
110.10 Portsmouth Harbor, New Hampshire, north of Newcastle Island. 110.80a Lake Macatawa, Mich.
110.25 Beverly and Salem Harbors, Mass 110.80b Marquette Harbor, Marquette, Mich.
110.26 Marblehead Harbor, Marblehead, Mass 110.81 Muskegon Lake, Mich.
110.30 Boston Harbor, Mass., and adjacent waters. 110.81a Lake Betsie, Frankfort, MI.
110.31 Hull Bay and Allerton Harbor at Hull, Mass. 110.82 Charievoix Harbor, Mich.
110.32 Hingham Harbor, Hingham, Mass. 110.82a Little Traverse Bay, Lake Michigan, Harbor Springs. Mich.
110.37 Sesuit Harbor, Dennis, Mass. 110.83 Chicago Harbor, III.
110.38 Edgartown Harbor, Mass. 110.83a Cedar Point, Sandusky, Ohio
110.40 Silver Beach Harbor, North Falmouth, Mass 110.84 Black Rock Channel opposite foot of Porter Avenue, Buffalo,
110.45 Onset Bay, Mass. N.Y
110.45a Mattapoisett Harbor, Mattapoisett, Mass 110.84b Buffalo, N.Y
110.46 Newport Harbor, Newport, R.I. 110.85 Niagara River, Youngstown, N.Y.
110.47 Little Narragansett Bay, Watch Hill, R.I. 110.86 Sodus Bay, NY.
110.48 Thompson Cove on cast side of Pawcatuck River below West- 110.87 Henderson Harbor, N.Y.
erly, R.I 110.90 San Diego Harbor, California.
110.50 Stonington Harbor, Conn. 110.91 Mission Bay, Calif.
110.50a Fishers Island Sound, Stonington, Conn 110.93 Dana Point Harbor, Calif.
110.50b Mystic Harbor, Groton and Stonington, Conn. 110.95 Newport Bay Harbor, Calif.
110.50c Mumford Cove, Croton, Conn. 110.100 Los Angeles and Long Beach Harbors, Calif.
110.50d Mystic Harbor, Noank, Conn 110.111 Marina del Rey Harbor, Calif.
110.51 Groton, Conn. 110.115 Santa Barbara Harbor, Calif.
110.52 Thames River, New London, Conn. 110.120 San Luis Obispo Bay, Calif.
110.53 Niantic, Conn. 110.125 Mono Bay Harbor, Calif.
110.54 Long Island Sound, on west side of entrance to Pataguanset 110.126 Monterey Harbor, Calif.
River, Conn 110.126 San Francisco Bay, Calif.
110.55 Connecticut River, Conn. 110.127 Lake Mohave and Lake Mead, Nevada and Arizona.
110.55a Five Mile River, Norwalk and Darien, Conn. 110.127 Lake Powell, Utah-Arizona.
110.56 Noroton Harbor, Darien, Conn. 110.127 Flaming Gorge Lake, Wyoming-Utah.
110.58 Cos Cob Harbor, Greenwich, Conn. 110.127 Trinidad Bay, Calif.
110.60 Port of New York and vicinity. 110.128 Columbia River at Portland, Oreg.
110.65 Indian River Bay, Del. 110.128 Island of Hawaii, Hawaii
110.67 Delaware River, Essington, Pa. 110.128 Island of Kauai, Hawaii.
110.70 Chesapeake and Delaware Canal, easterly of Courthouse Point, 110.128 Island of Oahu, Hawaii. (Datum: OHD)
Md. 110.129 Apra Harbor, Guam (Datum: WGS-84)
110.70a Northeast River, North East, Md.
Subpart B—Anchorage Grounds
110.71 Jacobs Nose Cove, Elk River, Md.
110.130 Rockland Harbor, Maine.
110.71a Cabin Creek, Grasonville, Md. 110.131 Kennebec River in vicinity of Bath, Maine.
110.132 Portland Harbor, Maine.

PAGE 1 33 CFR PART 110


75
M.E.T. PUBLICATION 515 — 5TH EDITION
110.133 Lake Champlain, NY and VT. 110.237 Pacific Ocean at Waimea, Hawaii, Naval Anchorage.
110.134 Boston Harbor, Mass. 110.238 Apra Harbor, Guam.
110.140 Buzzards Bay, Nantucket Sound, and adjacent waters. Mass. 110.239 Island of Tinian, CNMI.
110.142 Nantucket Harbor, Mass. 110.240 San Juan Harbor, P.R.
110.145 Narragansett Bay, R.I. 110.245 Vieques Passage and Vieques Sound, near Vieques Island, P.R.
110.147 New London Harbor, Conn. 110.250 St. Thomas Harbor, Charlotte Amalie, V.I.
110.148 Johnsons River at Bridgeport, Conn. 110.255 Ponce Harbor, P.R.
110.150 Block Island Sound, N.Y.
AUTHORITY: 33 U.S.C. 471,2071; 49 CFR 1.46 and 33 CFR 1.05-l(g).
110.155 Port of New York.
Section 110.la and each section listed in it are also issued under 33 U.S.C.
110.156 Randall Bay, Freeport, Long Island, N.Y.
1223 and 1231.
110.157 Delaware Bay and River .
SOURCE: CGFR 67-46, 32 FR 17728, Dec. 12, 1967, unless otherwise
110.158 Baltimore Harbor, MD.
noted.
110.159 Annapolis Harbor, Md.
110.166 York River, Va., naval anchorage.
110.168 Hampton Roads, Virginia, and adjacent waters.
110.170 Lockwoods Folly Inlet, N.C. 110.1 General.
110.173 Port of Charleston, SC. (a) The areas described in Subpart A of this part are designated as special
110.179 Skidaway River, Isle of Hope, Ga. anchorage areas pursuant to the authority contained in an act amending laws
110.182 Atlantic Ocean off Fort George Inlet, near Mayport, Fla. for preventing collisions of vessels approved April 22,1940 (54 Stat. 150);
110.183 St. Johns River, Florida. Article 11 of section 1 of the act of June 7, 1897, as amended (30 Stat. 98;
110.185 Atlantic Ocean, off the Port of Palm Beach, FL. 33 U.S.C. 180), Rule 9 of section 1 of the act of February 8, 1895, as
110.186 Port Everglades, Florida. amended (28 Stat. 647; 33 U.S.C. 258), and Rule Numbered 13 of section
110.188 Atlantic Ocean off Miami and Miami Beach, Fla. 4233 of the Revised Statutes as amended (33 U.S.C. 322). Vessels not more
110.189a Key West Harbor, Key West, Fla., naval explosives anchorage than 65 feet in length, when at anchor in any special anchorage area shall
area. not be required to carry or exhibit the white anchor lights required by the
110.190 Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas, Fla. Navigation Rules.
110.193 Tampa Bay, Fla. (b) The anchorage grounds for vessels described in Subpart B of this part
110.193a St. Joseph Bay, Fla. are established, and the rules and regulations in relation thereto adopted,
110.194 Mobile Bay, Ala., at entrance. pursuant to the authority contained in section 7 of the act of March 4, 1915,
110.194a Mobile Bay, Ala., and Mississippi Sound, Miss. as amended (38 Stat. 1053; 33 U.S.C. 471).
110.194b Mississippi Sound and Gulf of Mexico, near Petit Bois Island, (c) All bearings in the part are referred to true meridian.
Miss. (d) Geographic coordinates expressed in terms of latitude or longitude, or
110.195 Mississippi River below Baton Rouge, La., including South and both, are not intended for plotting on maps or charts whose reference
Southwest Passes. horizontal datum is the North American Datum of 1983 (NAD 83), unless
110.196 Sabine Pass Channel, Sabine Pass, Tex. such geographic coordinates are expressly labeled NAD 83. Geographic
110.197 Galveston Harbor, Bolivar Roads Channel, Texas. coordinates without the NAD 83 reference may be plotted on maps or charts
110.205 Chicago Harbor, 111. referenced to NAD 83 only after application of the appropriate corrections
110.206 Detroit River, Michigan. that are published on the particular map or chart being used.
110.207 Cleveland Harbor, Ohio. [CGFR 67-46, 32 FR 17728. Dec. 12. 1367. is amended by CGD 86-082. 52 FR
110.208 Buffalo Harbor, N.Y. 33811. Sept. 8, 1987]
110.210 San Diego Harbor, CA.
110.212 Newport Bay Harbor, Calif. 110.1a Anchorages under Ports and Waterways Safety Act.
110.214 Los Angeles and Long Beach Harbors, California. (a) The anchorages listed in this section are regulated under the Ports and
110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Waterways Safety Act (33 U.S.C. 1221 et seq.):
Seal Beach, California; Naval Explosives Anchorage. (1) Section 110.155 Port of New York
110.216 Pacific Ocean at Santa Catalina Island, Calif. (b) Any person who violates any regulation issued under the Ports and
110.216 Pacific Ocean at Santa Catalina Island, Calif. Waterways Safety Act
110.218 Pacific Ocean at San Clemente Island, Calif.; in vicinity of (1) Is liable to a civil penalty, not to exceed $25,000 for each violation;
Wilson Cove. (2) If the violation is willful, is fined not more than $50,000 for each
110.220 Pacific Ocean at San Nicolas Island, Calif.; restricted anchorage violation or imprisoned for not more than five years, or both. [CGD 3-81-1A,
areas. 47 FR 4063, Jan. 28, 1982]
110.222 Pacific Ocean at Santa Barbara Island, Calif.
110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, Subpart B—Anchorage Grounds
Sacramento River, San Joaquin River, and connecting waters,
CA. 110.130 Rockland Harbor, Maine.
110.228 Columbia River, Oregon and Washington. (a) The anchorage grounds—
110.229 Straits of Juan de Fuca, Wash. (1) Anchorage A. Beginning at a point bearing 158°, 1,075 yards, from
110.230 Puget Sound Area, Wash. Rockland Breakwater Light; thence 255°, 2,000 yards, to a point bearing
110.232 Southeast Alaska. 225° from Rockland Breakwater Light; thence 345°, 700 yards, to a point
110.233 Prince William Sound, Alaska. bearing 244° from Rockland Breakwater Light; thence 75°, 1,200 yards, to a
110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii (Datum: point bearing 222° from Rockland Breakwater Light; and thence 120°,
NAD 83). 1,000 yards, to the point of beginning.
110.236 Pacific Ocean off Barbers Point, Island of Oahu, Hawaii: (2) Anchorage B. Beginning at a point bearing 273°, 400 yards, from
Offshore pipeline terminal anchorages.

33 CFR PART 110 PAGE 2


76
M.E.T. PUBLICATION 515 — 5TH EDITION
Rockland Breakwater Light; thence 273°, 700 yards, to a point bearing 273° running from the westernmost point on Cushing Island to Fort Scammel
from Rockland Breakwater Light; thence 349°, 850 yards, to a point bearing Point Light
305° from Rockland Breakwater Light; thence 89°, 700 yards, to a point (b) The regulations.
bearing 328° from Rockland Breakwater Light; and thence 169°, 900 yards, (1) Anchorage B is intended for general purposes, but especially for use
to the point of beginning. by oil tankers and other large deep-draft ships entering harbor at night and
(3) Anchorage C. Beginning at a point bearing 244°, 1,715 yards, from intending to proceed to the dock allotted at daylight the following morning
Rockland Breakwater Light; thence 260°, 490 yards, to a point bearing or as soon as practicable. This area is also to be used for quarantine
248° from Rockland Breakwater Light; thence 350°, 580 yards, to a point anchorage. Vessels must be so anchored in this area as to leave at all times
bearing 263° from Rockland Breakwater Light; thence 83°, 480 yards, to a an open usable channel at least 100 feet wide for passage of ferry and other
point bearing 263° from Rockland Breakwater Light; and thence 169°, 550 boats between Portland, Peak Island, and Bay Points. Any vessels anchored
yards, to the point of beginning. in this area shall be ready to move on short notice when ordered to do so by
(b) The regulations. the Captain of the Port.
(1) Anchorages A and B are general anchorages reserved for merchant (2) Anchorage C is intended for use only by small vessels and for
vessels over 100 feet in length. Anchorage C is reserved for small temporary anchorage.
commercial and pleasure craft. [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 83-1R, 48 FR
(2) A distance of approximately 500 yards shall be left between 56578, Dec. 22, 1983]
Anchorages A and B for vessels entering or departing from the Port of
Rockland. Any vessel not anchoring in these areas shall be ready to move 110.134 Boston Harbor, Mass.
on short notice when ordered to do so by the Captain of the Port. (a) The anchorage grounds—
(3) All other vessels within the Rockland Harbor area are prohibited from (1) Bird bland Anchorage- Beginning at a point bearing 93°, 1,400
anchoring within 300 yards or operating within 100 feet of any navy yard, yards, from the aerial beacon on top of the Boston Custom House tower,
shipbuilding plant, power plant, oil terminal, marine terminal, munitions thence to a point bearing 81°, 1,600 yards, from the aerial beacon on top of
plant, military or naval arsenal or depot, warehouse, or freight pier without the Boston Custom House tower; thence to a point bearing 102°, 3,100
permission from the Captain of the Port, Rockland, Maine, or his authorized yards, from the aerial beacon on top of the Boston Custom House tower,
representative. thence to a point bearing 109°, 3,050 yards, from the aerial beacon on top
of the Boston Custom House tower; and thence to the point of beginning.
110.131 Kennebec River in vicinity of Bath, Maine. (2) President Roads Anchorage—
(a) The anchorage grounds. Vessels may anchor only within the ft) 40-foot anchorage. Beginning at a point bearing 237°, 522 yards from
following limits: Deer Island Light; thence to a point bearing 254°, 2,280 yards from Deer
(1) Northward of a line bearing 54° true and extending from a point on Island Light; thence to a point bearing 261°, 2,290 yards from Deer Island
Passmore's wharf in prolongation with the north side of Commerce Street, Light thence to a point bearing 278°, 2,438 yards from Deer Island Light;
Bath, Maine, to a point on the shore in Woolwich, approximately 1,200 feet thence to a point bearing 319°, 933 yards from Deer Island Light; thence to
north of the Maine Central Railroad wharf. a point bearing 319°, 666 yards from Deer Island Light; and thence to point
(2) Southward of a line drawn from the derrick on the Barn Iron Works of beginning.
wharf to Sassanoa Point in Woolwich. (ii) 35-foot anchorage. Beginning at a point bearing 256°, 2,603 yards
(b) The regulations. from Deer Island Light; thence to a point bearing 258°30', 3315 yards from
(1) Vessels in the north anchorage shall be so anchored as to leave a clear Deer Island Light; thence to a point bearing 264°, 3,967 yards from Deer
fairway of 150 feet channelward of the established harbor lines at Bath, and Island Light; thence to a point bearing 261°, 2,290 yards from Deer Island
a clear fairway 200 feet from the east or Woolwich shore, for the passage Light; and thence to point of beginning.
of steamers, tows, rafts, and other watercraft. (3) Long Island Anchorage. East of Long Island, bounded as follows:
(2) The launching of vessels into the waters between the anchorages or Beginning at the southwesternmost point of Gallups Island; thence 270° to
the bringing up of such vessels by their anchors will be permitted: Provided, Long Island; thence southerly along the eastern shore line of Long Island to
That the vessels so launched shall be removed therefrom within 12 hours Bass Point thence to the northernmost point of Rainsford Island; thence to
from the tune of anchorage. Georges Island Gong Buoy 6; and thence to the point of beginning.
(4) Castle bland Anchorage. Bounded on the north by Castle Island and
110.132 Portland Harbor, Maine. adjacent land; on the east by a line between Castle Rocks Fog Signal Light
(a) The anchorage grounds— and Old Harbor Shoal Buoy 2; on the southeast by a line between Old
(1) Anchorage A (general). Beginning at latitude 43°39'37"N, longitude Harbor Shoal Buoy 2 and Old Harbor Buoy 4; and on the west by a line
070°14'35"W; thence approximately 090° for 1550 yards to Fort Gorges running due north from Old Harbor Buoy 4 to the shore line at City Point
Island Ledge Buoy 4; thence 350° for 300 yards; thence 025° for 780 yards; (5) Explosives anchorage. In the lower harbor, bounded on the northeast
thence 303° for 750 yards; thence 254° for 560 yards; thence 186° for 750 by a line between the northeast end of Peddocks Island and the northeast
yards and thence to the point of beginning. end of Rainsford Island; on the northwest by Rainsford Island; on the
(2) Anchorage B (general—primarily intended/or deep draft vessels). southwest by a line between the western extremity of Rainsford Island and
Beginning at Fort Gorges Island Ledge Buoy 4; thence 062° to Lime Dia- the westernmost point of Peddocks Island; and on the southeast by
mond Island; thence along the southwestern shore to the pier on the south- Peddocks Island.
ern end of Little Diamond Island; 133° for 1200 yards; 270° to House Island (b) The regulations.
Light; thence along the western shore of House Island to Fort Scammel (1) The Captain of the Port may authorize the use of the President Roads
Point Light thence 325° for 1700 yards to the point of beginning. Anchorage as an explosives anchorage when he finds that the interests of
(3) Anchorage C. Bounded on the northwest by House Island; on the commerce will be promoted and that safety will not be prejudiced thereby.
norm by a line running 90° from House Island Light to Peak Island; on the Vessels anchored in this area shall move promptly upon notification by the
east by the western shore of Peak Island, by a line running 198° from the Captain of the Port.
westernmost point on Peak Island to Gushing Island, and by the shore of (2) In the Long Island Anchorage vessels shall anchor in the position
Cushing Island to its westernmost point; and on the southwest by a line designated by the Captain of the Port

33 CFR PART 110


PAGE 3
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M.E.T. PUBLICATION 515 — 5TH EDITION
(3) Floats or buoys for marking anchors or moorings in place will be 325 miles from Cuttyhunk Light; thence 65° to a point bearing 180°, 0.625
allowed in all areas. Fixed mooring piles or stakes are prohibited. mite from Nashawena Lighted Whistle Buoy; thence 57°30' passing 600
yards northerly of Middle Ground Lighted Bell Buoy 25A, to a point
110.140 Buzzards Bay, Nantucket Sound, and adjacent waters. Mass. bearing 145°, 1.25 miles from Nobska Point Light; southwest of a line
(a) New Bedford Outer Harbor— ranging 113° through West Chop Buoy 25 to East Chop Flats Bell Buoy 23;
(1) Anchorage A. West of Sconticut Neck, and shoreward of a line and west of a line bearing 163° between East Chop Flats Bell Buoy 23 and
described as follows: Beginning at a point 100 yards southwest of Fort Lone Rock Buoy 1; and northerly of a line bearing 269° between Lone
Phoenix Point; thence 154° along a line which passes 100 yards east of New Rock Buoy 1 and a point on the mainland at Oak Bluffs about 0.30 mile
Bedford Channel Buoys 8, 6, and 4, to a point bearing approximately 130°, southerly of Oak Bluffs Wharf.
225 yards, from New Bedford Channel Buoy 4; thence 87°, 340 yards; (2) Anchorage F. Southeast of the Elizabeth Islands, north of a line
thence 156° along a line approximately one mile to its intersection with a ranging 97°30' from Cuttyhunk Light toward Nashawena Lighted Whistle
line ranging 87° from the cupola on Clarks Point; thence 87° to Sconticut Buoy to a point 0.375 mile from that buoy; northwest of a line bearing
Neck. 57°30' from the last-named point to a point opposite the entrance to Woods
(2) Anchorage B. Southeast of a line ranging 222° from the southwest Hole; and southwest of a line from the shore of Nonamesset Island bearing
comer of Fort Phoenix to the New Bedford shore; west of a line ranging 114° and ranging through West Chop Light and East Chop Light
154° from Palmer Island Light to Butler Flats Light; and north of a line (3) Anchorage C. South of a line beginning at a point on the mainland at
bearing 267° from Butler Flats Light to the shore. Oak Bluffi about 0.30 mile southerly of Oak Bluffs Wharf bearing 89° to
(b) Buzzards Bay near entrance to approach channel to Cape Cod Lone Rock Buoy 1; thence 113° from Lone Rock Buoy 1 to Outer Flats
Canal— Bell Buoy 17; thence 86° to Cross Rip Lightship; thence 118°30' to
(1) Anchorage C. West of a line parallel to and 850 feet westward from Tuckemuck Shoal Bell Buoy 7; thence ranging 149° toward Brant Point
the centerline of Cleveland Ledge Channel; north of a line bearing 129° Light to the breakwater at Brant Point
from the tower on Bird Island; east of a line bearing 25°30' and passing (4) Anchorage H. In the vicinity of Squash Meadow shoal, east of a line
through Bird Island Reef Bell Buoy 13; and south of a line bearing 270° ranging 163° through Squash Meadow West End Buoy 21; north of lines
from Wings Neck Light. Each vessel must obtain permission to proceed to parallel to and 0.5 mile northerly from lines joining Lone Rock Buoy 1,
Anchorage C from the U.S. Army Corps of Engineers Cape Cod Canal Outer Flats Bell Buoy 17, and Cross Rip Lightship; and south of a line
Control traffic controller. ranging 97° from East Chop Light toward Cross Rip Lightship.
(2) Anchorage D. Beginning at a point bearing 185°, 1,200 yards, from (5) Anchorage I. Northerly of a line ranging 109° from Nobska Point
Hog Island Channel 4 Light; thence 129° to a point bearing 209°, Light toward Hedge Fence Lighted Horn and Gong Buoy 16, and of a line
approximately 733 yards, from Wings Neck Light; thence 209° to ranging 97°30' through Hedge Fence East End Buoy to Halfmoon Shoal
Southwest Ledge Buoy 10; thence 199° along a line to its intersection with Lighted Bell Buoy 12, thence 73° to Handkerchief Shoal Buoy 16, and
a line bearing 129° from the tower on Bird Island; thence 309° to a point thence to the westernmost point of Monomoy Island.
850 feet easterly, right angle distance, from the centerline of Cleveland (6) Anchorage J. East of a line bearing 329°, parallel to and 0.875 mile
Ledge Channel; thence northeasterly along a line parallel to and 850 feet northeasterly of a line running from Brant Point Light through Tuckemuck
eastward from the centerline of Cleveland Ledge Channel to its intersection Shoal Bell Buoy 7, from Coatue Beach to a point 1.25 miles southeasterly
with a line bearing 218° 30' from the point of beginning; thence 38°30' to from a line between Halfmoon Shoal Lighted Bell Buoy 12 and Handker-
the point of beginning. Each vessel must obtain permission to proceed to chief Shoal Buoy 16; thence 73°, parallel to and 1.25 miles southeasterly
Anchorage D from the U.S. Army Corps of Engineers Cape Cod Canal from a line running from Halfmoon Shoal Lighted Bell Buoy 12 through
Control traffic controller. Handkerchief Shoal Buoy 16, to a point bearing 215° from Stone Horse
(3) Anchorage L—(East side is preferred). The waters bounded by a line North End Lighted Bell Buoy 9; thence 35° to Stone Horse Norm End
connecting the following points: 41-34-44N/70-42-42W to 41-35-16N/70- Lighted Bell Buoy 9; thence 70° to a point bearing 207° from Pollock Rip
43-23W to 41-33-22N/70-46-02W to 41-32-50N/70-45-22W and thence to Lightship; and thence 27° through, and to a point 5.0 miles northeasterly
the beginning. from. Pollock Rip Lightship.
(4) Anchorage M— (west side). The waters bounded by a line connecting (7) Anchorage K. North of a line tangent to the southeasterly edge of
the following points: 41-35-35N/70-44-47W to 41-36-24N/70-45-53W to Monomoy Point and extending to Bearse Shoal North End Buoy 2A and
41-35-00N/70-17-53W to 41-34-12N/70-46-47W and thence to inc west of a line bearing 7° from Bearse Shoal North End Buoy 2A to
beginning Chatham Bar Buoy 2.
(5) Each vessel that anchors in these anchorages must notify the U.S. (d) The regulations.
Army Corps of Engineers Cape Cod Canal Control traffic controller when it (1) Floats or buoys for marking anchors or moorings in place will be
anchors, and provide the vessel's name, length, draft, cargo, and its position. allowed in all areas. Fixed mooring piles or stakes are prohibited.
(6) Each vessel anchored in these anchorages must notify U.S. Army (2) Except in cases of great emergency, no vessels shall be anchored in
Corps of Engineers Cape Cod Canal Control traffic controller when it New Bedford Outer Harbor, Buzzards Bay near the entrance to the ap-
weighs anchor. proach channel to Cape Cod Canal, or Vineyard and Nantucket Sounds,
(7) No vessel may anchor unless it maintains a bridge watch, guards and outside of the anchorage areas defined in paragraphs (a) to (c) of this
answers Channel 16 FM, and maintains an accurate position plot section.
(8) No vessel may anchor unless it maintains the capability to get (3) Anchors must not be placed outside the anchorage areas, nor shall
underway within 30 minutes; except with prior approval of the Coast Guard any vessel be so anchored that any portion of the hull or rigging will at any
Captain of the Port Providence. time extend outside the boundaries of the anchorage area.
(9) No vessel may anchor in a "dead ship" status (propulsion or control (4) Any vessel anchoring under the circumstances of great emergency
unavailable for normal operations) without the prior approval of the Coast outside any anchorage area must be placed near the edge of the channel and
Guard Captain of the Port Providence. in such position as not to interfere with the free navigation of the channel,
(10) No vessel may conduct lightering operations within these nor obstruct the approach to any pier nor impede the movement of any boat,
anchorages. and shall move away immediately after the emergency ceases or upon
(c) Vineyard and Nantucket Sounds— notification by an officer of the Coast Guard.
(1) Anchorage E. South of a line beginning at a point bearing 180° about

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M.E.T. PUBLICATION 515 — 5TH EDITION
(5) A vessel upon being notified to move into the anchorage limits or to at a point at latitude 41°34'08.9", longitude 71°19'25.8"; thence 19° for
shift its position in anchorage grounds must get under way at once or signal 1,900 feet; thence 289° for 1,900 feet; thence 199° for 1,900 feet; thence
for a tug, and must change position as directed with reasonable promptness. 109° for 1,900 feet to the point of beginning.
(6) Whenever the maritime or commercial interests of the United States (a) In this area the requirements of the Navy shall predominate.
so require, any officer of the Coast Guard is hereby empowered to shift the (b) Temporary floats or buoys for marking anchors or moorings in place
position of any vessel anchored within the anchorage areas, of any vessel will be allowed in this area. Fixed mooring piles or stakes will not be
anchored outside the anchorage areas, and of any vessel which is so moored allowed.
or anchored as to impede or obstruct vessel movements in any channel. (ii) Anchorage X-1, Naval explosives and ammunition handling
(7) Nothing in this section shall be construed as relieving the owner or anchorage. The waters of Narragansett Bay northeasterly of Gould Island
person in charge of any vessel from the penalties of the law for obstructing within a circle having a radius of 500 yards with its center at latitude
navigation or for obstructing or interfering with range lights, or for not 41°33'18", longitude 71°20'03".
complying with the navigation laws in regard to lights, fog signals, or for (a) This area will be used for anchoring naval vessels carrying or
otherwise violating the law. transferring ammunition or explosives under standard military restrictions
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD1 90-125, 56 FR as established by the Safety Manual, Armed Services Explosive Board.
22644, May 16, 1991; 56 FR 40360, Aug. 14, 1991] Explosives or dangerous materials include inflammable liquid or inflamma-
ble solids, oxidizing materials, corrosive liquids, compressed gases and
110.142 Nantucket Harbor, Mass. poisonous substances.
(a) The anchorage grounds. In the Nantucket Harbor, beginning at a (b) No vessel shall anchor within 500 yards of the explosive anchorage
point 210 yards, 90°, from Brant Point Light; thence easterly to latitude area when occupied by vessels carrying explosives.
41°17'23", longitude 70°05'14.5"; thence southerly to latitude 41°17'03", (c) No more than 2,000 tons Net High Explosives limit will be handled
longitude 70°05'14.5"; thence southwesterly to latitude 41°16'54", longitude in the anchorage area.
70°05'23"; thence northwesterly to latitude 41°16'55", longitude 70°05'31"; (d) No vessel shall be so anchored in the anchorage that it will at any
thence northeasterly to latitude 41°17'07.5", longitude 70°05'27"; thence time extend beyond the limits of the area.
northeasterly to the point of beginning. (e) Naval vessels anchoring in the area will display the proper signals,
(b) The regulations. The anchorage is for the use of commercial and and will be under the supervision of the Commander, U.S. Naval Base,
pleasure craft. Temporary floats or buoys for marking anchors or moorings Newport, Rhode Island.
in place will be allowed. Fixed mooring piles or stakes are prohibited. The (3) Anchorage C.
anchoring of vessels including the placing of anchors and moorings is (i) [Reserved]
(ii) West of Coasters Harbor Island, west of a line bearing 351° from
subject to the supervision and approval of the local harbor master.
Tracey Ledge Buoy 5 through Seventeen-foot Spot Buoy northeast of Gull
Rocks; south of a line bearing 292° from the cupola at the Naval War
110.145 Narragansett Bay, R.I. College; east of a line ranging 19° from the easternmost of The Dumplings
(a) East Passage— toward Dyer Island North Point Shoal Lighted Bell Buoy 12A; and north of
(1) Anchorage A. East of Conanicut Island, beginning at the easterly
latitude 41°30'22" which parallel passes through a point 230 yards north of
extremity of the Dumplings; extending 9° to a point at latitude 41°29'28",
Rose Island Shoal Northeast End Buoy 8.
longitude 71°21'05.5"; thence 356° for 5,350 feet; thence 24° for 5,700 feet;
(iii) In this area the requirements of the Navy shall predominate.
thence 12° for 1,100 feet; thence 311°30' for 2,300 feet; thence 351° for (iv) Temporary floats or buoys for marking anchors or moorings in place
5,350 feet; thence 270° for 3,200 feet to the easterly side of Conanicut will be allowed in this area. Fixed mooring piles or stakes will not be
Island; thence generally along the easterly side of the island to a point on allowed.
the easterly side of the island due west of the Dumplings; and thence due (4) Anchorage D. West of Goat Island, south of a line bearing 247° from
east to the point of beginning; excluding the approach of the Jamestown Newport Harbor Light; east of a line bearing 176°30' from the northwester-
Ferry, a zone 900 feet wide to the southward of a line ranging 103° from a ly end of Rose Island; north of a line bearing 117° from the northerly end of
point, 300 feet north of the existing ferry landing toward the spire of Trinity the ferry slip at Jamestown to longitude 71°20' and west of a line running
Church, Newport. north and south along longitude 71°20'.
(i) That portion of the area to the northward of the approach of the (i) In this area the requirements of the Navy shall predominate from May
Jamestown Ferry shall be restricted for the anchorage of vessels of the U.S. 1 to October 1, subject at all times to such adjustments as may be necessary
Navy. In that portion of the area to the southward of the approach of the to accommodate all classes of vessels which may require anchorage room.
Jamestown Ferry, the requirements of the Navy shall predominate. (ii) Temporary floats or buoys for marking anchors or moorings in place
(ii) Temporary floats or buoys for marking anchors or moorings in place will be allowed in this area. Fixed mooring piles or stakes will not be
shall be allowed in this area. Fixed mooring piles or stakes will not be allowed.
allowed. (5) Anchorage E. South of Coasters Harbor Island, east of a line bearing
(2) Anchorage B. Off the west shore of Aquidneck Island to north of 341° from the outer end of Briggs Wharf to the southwestern shore of
Coggeshall Point, northerly of a line ranging 075° from a point on the Coasters Harbor Island near the War College Building; and north of a line
easterly end of Gould Island, latitude 41°32'13", longitude 71°20'40.5", ranging 265° from the flagstaff at Fort Greene toward Rose Island Light
toward the shore of Aquidneck Island; east of a line ranging 019° from the (i) In this area the requirements of the naval service will predominate
easternmost of the Dumplings to latitude 41°36'16", longitude 71°17'48"; from May 1 to October 1, but will at all times be subject to such adjustment
thence northeast to latitude 41°36'53", longitude 71°17'07.5"; thence cast to as may be necessary to accommodate all classes of vessels that may require
latitude 41°36'53", longitude 71°16'40"; thence southwesterly to latitude anchorage room.
41°35'54", longitude 71°17'17.5"; thence southeasterly to the shore at the (ii) Temporary floats or buoys for marking anchors or moorings in place
easterly end of the north boundary of the cable area in the vicinity of will be allowed in this area. Fixed mooring piles or stakes will not be
Coggeshall Point; excluding the cable area in the vicinity of Coggeshall allowed.
Point (b) West Passage—
(i) Anchorage B-1. Off the southerly end of Prudence Island beginning (1) Anchorage H. Norm of a line 1,000 yards long bearing 88° from

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M.E.T. PUBLICATION 515 — 5TH EDITION
Bonnet Point; west of a line bearing 3° from the eastern end of the last- (i) Temporary floats or buoys for marking anchors or moorings in place
described line; and south of a line ranging 302° through a point 200 yards will be allowed in this area. Fixed mooring piles or stakes will not be
south of the Kearny wharf toward the church spire at South Ferry, Boston allowed.
Neck. (c) Bristol Harbor—
(1) Temporary floats or buoys for marking anchors or moorings in place (1) Anchorage 0. South of the south line of Franklin Street extended
will be allowed in this area. Fixed mooring piles or stakes will not be westerly; west of a line bearing 164°30' parallel to and 400 feet westerly
allowed. from the State harbor line between Franklin and Constitution Streets, and of
(2) Anchorage I. North of a line 1,000 yards long bearing 88° from a line ranging 244° from a point on the norm line of Constitution Street
Bonnet Point to the shore at Austin Hollow; east of a line bearing 183° extended 400 feet beyond the State harbor line toward Usher Rock Buoy 3;
from Dutch Island Light; and south of a line ranging 302° through a point and north of the north line of Union Street extended to the Popasquash
200 yards south of the Kearny wharf toward the church spire at South Neck shore.
Ferry, Boston Neck. (i) Temporary floats or buoys for marking anchors or moorings in place
(i) Temporary floats or buoys for marking anchors or moorings in place will be allowed in this area. Fixed mooring piles or stakes will not be
will be allowed in this area. Fixed mooring piles or stakes will not be allowed.
allowed. (d) The regulations.
(3) Anchorage J. At Saunderstown, south of a line ranging 110° from the (1) Except in cases of great emergency, no vessel shall be anchored in the
south side of the ferry wharf toward the cable crossing sign on Dutch entrances to Narragansett Bay, in Newport Harbor, or in Bristol Harbor,
Island; west of a line ranging 192° from Plum Beach Shoal Buoy 1 PB outside of the anchorage areas defined in paragraphs (a), (b) and (c) of this
toward the east shore of The Bonnet; and north of a line from the shore section.
ranging 108° toward Dutch Island Light and the north end of the wharf at (2) Anchors must not be placed outside the anchorage areas, nor shall
Beaver Head. any vessel be so anchored that any portion of the hull or rigging shall at any
(i) Temporary floats or buoys for marking anchors or moorings in place time extend outside the boundaries of the anchorage area.
will be allowed in this area. Fixed mooring piles or stakes will not be (3) Any vessel anchoring under the circumstances of great emergency
allowed. outside the anchorage areas must be placed near the edge of the channel and
(4) Anchorage K. In the central and southern portion of Dutch Island in such position as not to interfere with the free navigation of the channel,
Harbor, north of a line ranging 106° from Beaver Head Point Shoal Buoy 2 nor obstruct the approach to any pier, nor impede the movement of any
toward the Jamestown standpipe; east of a line ranging 14° from Beaver boat, and shall move away immediately after the emergency ceases, or upon
Head Point Shoal Buoy 2 toward the inshore end of the engineer wharf, notification by an officer of the Coast Guard.
Dutch Island; southeast of a line ranging 50° from Dutch Island Light (4) A vessel upon being notified to move into the anchorage limits or to
toward the windmill north of Jamestown; and south of a line parallel to and shift its position on anchorage grounds must get under way at once or signal
100 yards southwesterly from a line ranging 132° from the engineer wharf, for a tug, and must change position as directed with reasonable promptness.
Dutch Island, and the west ferry wharf Jamestown. (5) Whenever the maritime or commercial interests of the United States
(i) Temporary floats or buoys for marking anchors or moorings in place so require, any officer of the Coast Guard is hereby empowered to shift the
will be allowed in this area. Fixed mooring piles or stakes will not be position of any vessel anchored within the anchorage areas, of any vessel
allowed. anchored outside the anchorage areas, and of any vessel which is so moored
(5) Anchorage L. North of a line ranging 101° from a point on shore 300 or anchored as to impede or obstruct vessel movements in any channel.
yards northerly of the Saunderstown ferry wharf toward the entrance to (6) Nothing in this section shall be construed as relieving the owner or
Round Swamp, Conanicut Island; west of a line bearing 15° parallel to and person in charge of any vessel from the penalties of the law for obstructing
1,000 feet westerly from a line joining the western point of Dutch Island navigation or for obstructing or interfering with range lights, or for not
and Twenty-three Foot Rock Buoy 4, and a line ranging 6° from Dutch complying with the navigation laws in regard to lights, fog signals, or for
Island Light toward Warwick Light; and south of a line ranging 290° from otherwise violating the law.
Sand Point, Conanicut Island, to Wickford Harbor Light, and a line bearing [CGFR 67-4B, 32 FR 17728, DEC. 12, 1967]
226° from Wickford Harbor Light to Poplar Point tower. Editorial Note: For Federal Register citations affecting §110.145, see
(i) Temporary floats or buoys for marking anchors or moorings in place the List of CFR Sections Affected in the Finding Aids section of this
will be allowed in this area. Fixed mooring piles or stakes will not be volume.
allowed.
(6) Anchorage M. East and norm of Dutch Island, northeast of a line 110.147 New London Harbor, Conn.
ranging 316° from the inshore end of the west ferry wharf Jamestown, (a) The anchorage grounds—
toward the north end of Dutch Island to a point bearing 88°, 200 yards, (1) Anchorage A. In the Thames River east of Shaw Cove, bounded by
from the engineer wharf Dutch Island, thence ranging 3° toward the shore lines connecting points which are the following bearings and distances from
of Conanicut Island at Slocum Ledge; norm of a line 200 yards off the Monument, Groton (latitude 41°21'18" N., longitude 72°04'48" W.): 243°,
Dutch Island shore ranging 281° from the entrance to Round Swamp to- 1,400 yards; 246°, 925 yards; 217°, 1,380 yards; and 235°, 1,450 yards.
ward a point on shore 300 yards northerly from the Saunderstown ferry (2) Anchorage B. In the Thames River southward of New London,
wharf; east of a line ranging 15° from the western point of Dutch Island to bounded by lines connecting points which are the following bearings and
Twenty-three Foot Rock Buoy 4; and south of a line bearing 77° from distances from New London Harbor Light (latitude 41°18'59"N., longitude
Twenty-three Foot Rock Buoy 4 to the shore. 72°05'25" W.): 002°, 2,460 yards; 009°, 2,480 yards; 026°, 1,175 yards;
(i) Temporary floats or buoys for marking anchors or moorings in place and 008°, 1,075 yards.
will be allowed in this area. Fixed mooring piles or stakes will not be (3) Anchorage C. In the Thames River southward of New London
allowed. Harbor, bounded by lines connecting a point bearing 100°, 450 yards from
(7) Anchorage N. West of the north end of Conanicut Island, south of a New London Harbor Light, a point bearing 270°, 575 yards from New
line bearing 262° from Conanicut Island Light; east of a line bearing 8° London Ledge Light (latitude 41°18'21" N., longitude 72°04'41" W.), and a
from Twenty-three Foot Rock Buoy 4; and north of a line ranging 290° point bearing 270°, 1,450 yards from New London Ledge Light
from Sand Point toward Wickford Harbor Light.

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M.E.T. PUBLICATION 515 — 5TH EDITION
(4) Anchorage D. In Long Island Sound approximately two miles west- range with the south gable of the Casino on the northeast end of Glen
southwest of New London Ledge Light, bounded by lines connecting points Island; west of a line ranging from the east edge of Goose Island breakwa-
which are the following bearings and distances from New London Ledge ter to the west edge of the north end of Hart Island; west of Hart Island;
Light: 246°, 2.6 miles; 247°, 2.1 miles; 233°, 2.1 miles; and 235°, 2.6 miles. and northwest of a line extending from Hart Island Light to Locust Point;
(5) Anchorage E. The waters at the mouth of New London Harbor one excluding from this area, however, (i) the waters northeast of a line ranging
mile southeast of New London Ledge Light beginning at latitude 41°17'26" 303° from the southwest end of Hart Island; northwest of a line ranging
N., longitude 72°04'21" W.; thence northeasterly to latitude 41°17'38" N., from the water tank at the north end of Davids Island 207°40' to the north-
longitude 72°03'54" W.; thence southeasterly to latitude 41°16'50" N., west end of City Island; and south of latitude 40°52'12"; and (ii) the waters
longitude 72°03'16" W.; and thence southwesterly to latitude 41°16'38" N. west of Hunter Island; and south of a line ranging from the most southerly
longitude 72°03'43" W.; and thence northwesterly to the point of beginning. end of Glen Island tangent to the most northerly end of Hunter Island. (i)
(6) Anchorage F. The waters off the mouth of New London Harbor two Boats shall not anchor in this area in buoyed channels. (ii) Boats shall be so
miles southeast of New London Ledge Light beginning at latitude anchored as to leave at all times an open, usable channel, at least 50 feet
41°16'00" N., longitude 72°03'13" W.; thence westerly to latitude 41°16'00" wide, west and south of Glen Island.
N., longitude 72°03'38" W.; thence northerly to latitude 41°16'35" N., Note: Special anchorage areas in this anchorage are described in
longitude 72°03'38" W.; thence easterly to latitude 41°16'35" N., longitude §110.60.
72°03'13" W.; and thence southerly to the point of beginning. (2) Anchorage No. 1-A. Southwest of a line ranging from Duck Point,
(b) The regulations— Echo Bay, through Bailey Rock Lighted Buoy'3 BR; northwest of a line
(1) Anchorage A is for barges and small vessels drawing less than 12 feet ranging from Hicks Ledge Buoy 2H to Old Tom Head Rocks Buoy 4; and
(2) Anchorage F is reserved for the use of naval vessels and, except in north of a line ranging from Old Tom Head Rocks Buoy 4 to the
cases of emergency, no other vessel may anchor in Anchorage F without southernmost point of Davenport Neck.
permission from the Captain of the Port, New London, CT. Note: The special anchorage area in this anchorage is described in
(3) Except in emergencies, vessels shall not anchor in New London Har- §110.60 (b-l).
bor or the approaches thereto outside the anchorages defined in paragraph (3) Anchorage No. 1-B. West of a line ranging from the point on the
(a) of this section unless authorized to do so by the Captain of the Port southwest side of the entrance to Horseshoe Harbor, Larchmont, to Hicks
[CGD3-80-44, 46 FR 48193, Oct. 7,1981. as amended by CGD3 85-56, 51 FR Ledge Buoy 2H; north of a line ranging from Hicks Ledge Buoy 2H to
32318, Sept 11, 1986] Duck Point; and in Echo Bay north and west of the channel.
Note: The special anchorage area in this anchorage is described in
110.148 Johnsons River at Bridgeport, Conn. §110.60(b-l).
(a) The anchorage grounds. In Johnsons River, beginning at a point "A" (4) Anchorage No. 2. West of a line from Locust Point tangent to the
latitude 41°10'123", longitude 73°09'50.2"; thence westerly to a point "B" northeasterly sea wall at Throgs Neck.
latitude 41°10'12.3", longitude 73°09'52.1"; thence southwesterly to point Note: Special anchorage areas in this anchorage are described in
"C" latitude 41°10'10", longitude 73°09'54.9"; thence south southwesterly §110.60.
to point "D" latitude 41°10'05", longitude 73°09'56.1"; thence southeasterly (5) Anchorage No. 3. Northeast of a line from the south side of Barker
to point "E" latitude 41°10'04", longitude 73°09'S5.9"; thence northeasterly Point to Gangway Rock Bell Buoy 27; southeast of a line from Gangway
to point "F" latitude 41°10'05", longitude 73°09'54.5"; thence northerly to Rock Bell Buoy 27 to Sands Point Reef Lighted Buoy 25; and southwest of
point "G" latitude 41°10'05.8", longitude 73°09'54.5"; thence northeasterly a line from Sands Point Reef Lighted Buoy 25 through Sands Point Light to
to the point of beginning. Sands Point
(b) The regulations. The anchorage is for use by commercial and (6) Anchorage No. 4. Manhassett Bay, excluding the seaplane restricted
pleasure craft. Temporary floats or buoys for marking anchors or moorings area described in §207.35; and that portion of Long Island Sound northeast
will be allowed. The anchoring of vessels and placing of temporary anchors of a line ranging from Stepping Stones Light through Elm Point Buoy 2 to
or mooring piles are under the jurisdiction of the local harbor master. Fixed Elm Point; southeast of a line ranging from Stepping Stones Light to
mooring piles or stakes will not be allowed. Gangway Rock Bell Buoy 27; and southwest of Anchorage No. 3.
Note: Special anchorage areas in this anchorage are described in
110.150 Block Island Sound, N.Y. §110.60.
(a) The anchorage ground. A 3/4- by 2-mile rectangular area approxi- (7) Anchorage No. 5. In Lime Neck Bay; and cast of a line ranging from
mately 3 miles east-northeast of Gardiners Island with the following Fort Totten flagpole to Hart Island Light; and south of Anchorage No. 4.
coordinates: latitude 41°06'12" N., longitude 72°00'05" W., latitude Note: Special anchorage areas in this anchorage are described in
41°07'40" N., longitude 72°01'54" W.; latitude 41°08'12" N., longitude §110.60.
72°01'10" W.; latitude 41°06'46" N., longitude 71°59'18" W. (b) East River—
(b) The regulations. This anchorage ground is for use of U.S. Navy (1) Anchorage No. 6. On Hammond Flats north of a line bearing 260°
submarines. No vessel or person may approach or remain within 500 yards from the head of the pier on Throgs Neck at the foot of Penny field Avenue
of a U.S. Navy submarine anchored in this anchorage ground. to the north tower of Bronx-Whitestone Bridge at Old Ferry Point
[CGFR 70-114A, 36 FR 5604, Mar. 25, 1971] (2) Anchorage No. 7. South of a line from Whitestone Point to the outer
end of Willets Point Wharf.
(3) Anchorage No. 8. North of a line bearing 259° between the norm
110.155 Port of New York. tower of the Bronx-Whitestone Bridge at Old Ferry Point and a point at
(a) Long Island Sound—
latitude 40°47'57", longitude 73°52'16"; thence east of a line bearing 0° to
(1) Anchorage No. I. Southwest of a line between Neptune Island and
latitude 40°48'06"; thence southeast of a line parallel to the bulkhead
Glen Island ranging from Aunt Phebe Rock Light and tangent to the north
extending northeasterly to latitude 40°48'20"; thence north of a line bearing
edge of Glen Island; southwest of a line tangent to the northeast edge of
296° to shore.
Glen Island and Goose Island breakwater; southwest of a line bearing
(4) Anchorage No. 9. East of a line from College Point Reef Light
southeasterly from the southwest end of Goose Island breakwater and on
tangent to the west side of College Point; and south of a line from College
Point Reef Light to Whitestone Point

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M.E.T. PUBLICATION 515 — 5TH EDITION
(5) Anchorage No. 10. An area in Flushing Bay, beginning at a point on the Captain of the Port.
shore at La Guardia Airport at latitude 40°46'49", longitude 73°52'21"; (ii) Each vessel shall report its position within Anchorage No. 19 to the
thence to latitude 40°47'20", longitude 73°51'55"; and thence to a point on Captain of the Port immediately after anchoring.
shore at College Point at latitude 40°47'38", longitude 73°51'15"; and an (iii) No vessel may conduct lightering operations in Anchorage No. 19
area on the west side of Bowery Bay, beginning at a point on shore at without permission from the Captain of the Port.
latitude 40°46'58", longitude 73°53'46"; thence to latitude 40°47'03", (iv) When the use of Anchorage No. 19 is required by naval vessels, the
longitude 73°53'39"; thence to latitude 40°47'00", longitude 73°53'31"; vessels anchored therein shall move when the Captain of the Port directs
thence to latitude 40°46'55", longitude 73°53'32"; and thence to a point on them.
shore at latitude 40°46'49'', longitude 73°53'39". (v) No vessel over 800 feet, in length overall, or 40 feet in draft may
Note: Special anchorage areas in this anchorage are described in anchor in Anchorage No. 19 unless it notifies the Captain of the Port at
§110.60. least 48 hours before it arrives in New York Harbor.
(6) Anchorage No. 11. An area in East River beginning at a point on a (d) Upper Bay—
pierhead at latitude 40°47'55", longitude 73°53'19.5"; thence to latitude (1) Anchorage No. 20-A. That area enclosed by coordinates starting at
40°47'40", longitude 73°51'58"; and thence to a point on shore at latitude 40°42'02.5" N., 74°02'25.5" W.; to 40°42'06.5" N., 74°02'19.5" W.; to
40°47'16", longitude 73°52'15". 40°42'05.0" N., 74°01'58.4" W.; to 40°41'54.5" N., 74°01'59.2" W.;
(7) [Reserved] thence to 40°41'53.0" N., 74°02'23.0" W.
(8) Anchorage No. 14. In Hallets Cove, east of a line from a point on (1) See 33 CFR 110.155 (d)(6), (d)(16), and (1).
shore 100 feet west of the southerly prolongation of 2d Street, Astoria, to (2) Anchorage No. 20-B. That area enclosed by coordinates starting at
Gibbs Point 40°41'47.0" N., 74°02'31.5" W.; to 40°41'42.0" N., 74°01'02.0" W.; to
(c) Hudson River— 40°41'353" N., 74°02'04.2" W., to 40°41'29.9" N., 74°02'07.8" W.; to
(1) Anchorage No. 16. North of a line on a range with the north side of 40°41'42.6" N., 74°02'32.7" W.; thence back to 40°41'47.0" N., 74°02'31.5"
the north pier of the Union Dry Dock and Repair Company Shipyard, W.
Edgewater, New Jersey; west of a line ranging 25° from a point 120 yards (i) See 33 CFR 110.155 (d)(6), (d)(16), and (1).
east of the east end of said pier to a point (500 yards from the shore and 915 (3) Anchorage No. 20-C. That area enclosed by coordinates starting at
yards from the Fort Lee flagpole) on a line ranging approximately 100°22' 40°41'42.0" N., 74°02'43.0" W.; to 40°41'25.4" N., 74°02'10.7" W.; to
from the Fort Lee flagpole toward the square chimney on the Medical 40°41'01.7" N., 74°02'26.2" W.; to 40°41'09.0" N., 74°02'41.5" W.; to
Center Building at 168th Street, Manhattan; and south of said line ranging 40°41'20.0" N., 74°02'59.2" W.; thence back to 40°41'42.0" N., 74°02'43.0"
between the Fort Lee flagpole and the square chimney on the Medical W.
Center Building. (i) See 33 CFR 110.155 (d)(6), (d)(16), and (1).
(1) When the use of Anchorage No. 16 is required by naval vessels, the (4) Anchorage No. 20-D. That area enclosed by coordinates starting at
vessels anchored therein shall move when the Captain of the Port directs 40°41'09.5" N., 74°02'49.5" W.; to 40°40'59.2" N., 74°02'27.9" W.; to
them. 40°40'44.5" N., 74°02'37.5" W.; to 40°40'42.7" N., 74°03'07.6" W.;
(2) Anchorage No. 17. North of a line bearing 66° from shore to a point thence back to 40°41'09.5" N., 74°02'49.5" W.
at latitude 40°51'34", longitude 73°56'54"; thence west of a line bearing 29° (i) See 33 CFR 110.155 (d)(6), (d)(16), and (1).
(5) Anchorage No. 20-E. That area enclosed by coordinates starting at
to latitude 40°52'27", longitude 73°56'16"; thence 20° to latitude 40°54'17",
40°40'38.2" N., 74°02'59.6" W.; to 40°40'39.4" N., 74°02'40.9" W.; to
longitude 73°55'23"; thence 15° to latitude 40°56'20", longitude 73°54'39";
40°40'09.2" N., 74°03'00.7" W.; to 40°40'24.4" N., 74°03'24.6" W.;
thence south of a line bearing 284° to shore.
thence back to 40°40'38.2" N., 74°02'59.6" W.
(i) When the use of Anchorage No. 17 is required by naval vessels, the
(i) See 33 CFR 110.155 (d)(6), (d)(16), and (1).
vessels anchored therein shall move when the Captain of the Port directs (6) No vessel may occupy this anchorage for a period of time in excess of
them. 72 hours without the prior approval of the Captain of the Port.
(3) Anchorage No. 18-A. East of lines bearing 8° from the northwest (7) Anchorage No. 20-F. That area enclosed by coordinates starting at
comer of the crib icebreaker north of the New York Central Railroad Com- 40°40'12.1" N., 74°03'41.6" W.; to 40°39'53.7" N., 74°03'10.8" W.; to
pany drawbridge across Spuyten Duyvil Creek (Harlem River) to a point 40°39'34.7" N., 74°03'233" W.; to 40°39'49.9" N., 74°03'57.8" W.;
250 yards offshore and on line with the New York Central Railroad signal thence back to 40°40'12.1" N., 74°03'41.6" W.
bridge at the foot of West 231st Street, extended, at Spuyten Duyvil, Bronx, (i) See 33 CFR 110.155 (d)(9), (d)(16), and (1).
New York; thence bearing 19° to the channelward face of the Mount St. (8) Anchorage No. 20-G. That area enclosed by coordinates starting at
Vincent Dock at the foot of West 261st Street, Riverdale, Bronx, New 40°39'30.1" N., 74°04'08.0" W.; to 40°39'32.0" N., 74°03'53.5" W.; to
York. 40°39'27.5" N., 74°03'42.5" W.; to 40°39'13.0" N., 74°03'51.0" W.; to
(i) When the use of Anchorage No. 18—A is required by naval vessels 40°39'09.5" N., 74°04'23.1" W.; thence back to 40°39'30.1" N., 74°04'08.0"
the vessels anchored therein shall move when the Captain of the Port directs W.
them. (i) See 33 CFR 110.155 (d)(9), (d)(16), and (1).
(4) [Reserved] (9) This anchorage is designated a naval anchorage. The Captain of the
(5) Anchorage No. 19. An area located cast of the Weehawken- Port may permit commercial vessels to anchor temporarily in this
Edgewater Channel beginning at a point on the Manhattan shoreline at anchorage, ordinarily not more than 24 hours, when the anchorage will not
latitude 40°46'47.8" N., longitude 73°59'22.3" W.; thence to latitude be needed for naval vessels. Upon notification of an anticipated naval
40°46'59.8" N., longitude 73°59'52.8" W.; thence to latitude 40°47'42.5" arrival, any commercial vessel so anchored must relocate at its own
N., longitude 73°59'18" W.; thence to latitude 40°48'27" N., longitude expense.
73°58'45.5" W.; thence to latitude 40°49'28" N., longitude 73°58'06.2" W.; (10) Anchorage No. 21-A. That area enclosed by coordinates starting at
thence to latitude 40°50'15.5" N., longitude 73°57'I8" W.; thence to latitude 40°40'22.5" N., 74°01'35.2" W.; to 40°40'20.5" N., 74°01'27.7" W.; to
40°51'02.3" N., longitude 73°56'59" W.; thence to a point on the Manhattan 40°39'48.9" N., 74°01'22.4" W.; to 40°38'54.7" N., 74°02'18.9" W.; to
shoreline at latitude 40°51'00.8" N., longitude 73°56'51" W.; 40°39'03.0" N., 74°02'263" W.; thence back to 40°40'22.5" N., 74°01'35.2"
thence following the shoreline to the point of beginning. W.
(i) No vessel may anchor in Anchorage No. 19 without permission from (i) See 33 CFR 110.155 (d)(16) and (1).

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M.E.T. PUBLICATION 515 — 5TH EDITION

(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

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M.E.T. PUBLICATION 515 — 5TH EDITION

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

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M.E.T. PUBLICATION 515 — 5TH EDITION

(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

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M.E.T. PUBLICATION 515 — 5TH EDITION

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.,

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M.E.T. PUBLICATION 515 — 5TH EDITION

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

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M.E.T. PUBLICATION 515 — 5TH EDITION

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

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M.E.T. PUBLICATION 515 — 5TH EDITION

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.

33 CFR PART 110


PAGE 15
89
M.E.T. PUBLICATION 515 — 5TH EDITION

(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

PAGE 17 33 CFR PART 110


91
M.E.T. PUBLICATION 515 — 5TH EDITION
connecting the following points:
Latitude Longitude
Latitude Longitude
36°57'56.1" N. 76°20'31.5" W.
36°58'07.0" N. 76°22'03.0" W. 36°57'08.0" N. 76°20'32.2" W.
36°57'31.1" N. 76°22'01.9" W. 36°57'28.1" N. 76°21'11.7" W.
36°57'18.0" N. 76°24'11.2" W.
36°57'38.3" N. 76°24'20.0" W. (B) Anchorage Berth K-2. The waters bounded by a line connecting the
36°57'51.8" N. 76°22'31.0" W. following points:

(4) James River Anchorages— Latitude Longitude


(i) Anchorage I, Newport News. The waters bounded by a line
connecting the following points: 36°57'23.4" N. 76°21'58.5" W.
36°57'28.1" N. 76°21'11.7" W.
36°57'15.0" N. 76°20'46.4" W.
Latitude Longitude
36°57'02.1" N. 76°21'09.5" W.
36°57'06.7" N. 76°24'44.3" W.
36°56'22.6" N. 76°24'28.0" W. (C) Anchorage Berth K-3. The waters bounded by the arc of a circle
36°56'03.0" N. 76°24'37.0" W. with a radius of 300 yards and with the center located at
36°57'53.7" N. 76°26'41.5" W.
36°58'23.0" N. 76°27'11.0" W.
36°58'48.5" N. 76°27'11.0" W. Latitude Longitude
36°58'35.4" N. 76°26'38.4" W.
36°57'51.7" N. 76°26'02.8" W. 36°57'12.9" N. 76°22'14.2" W.
36°57'30.6" N. 76°25'34.5" W.

(iv) Anchorage Berth L, Craney Island Flats. The waters bounded by a


(A) Anchorage Berth I-1. The waters bounded by the arc of a circle with line connecting the following points:
a radius of 400 yards and with the center located at

Latitude Longitude Latitude Longitude

36°57'08.5" N. 76°25'21.6" W. 36°56'48.8" N. 76°20'20.1" W.


36°56'04.2" N. 76°20'23.7" W.
(A) Anchorage Berth K-1. The waters bounded by a tine connecting the 36°55'59.9" N. 76°22'11.7" W.
following points:
(B) Anchorage Berth 1-2. The waters bounded by the arc of a circle with (5) Norfolk Harbor Channel Anchorages—
a radius of 400 yards and with the center located at
(i) Anchorage HI. The waters bounded by a line connecting the following
points:
Latitude Longitude

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.

33 CFR PART 110 PAGE 18


92
M.E.T. PUBLICATION 515 — 5TH EDITION
(6) Elizabeth River Anchorages— (2) Class 1 (explosive) materials means Division 1.1, 1.2., 13, and 1.4
(i) Anchorage P, Lambert's Point. The waters bounded by a line explosives, as defined in 49 CFR 173.50.
connecting the following points: (c) General regulations.
(1) Except as otherwise provided, this section applies to vessels over 20
Latitude Longitude meters long and vessels carrying or handling dangerous cargo or Class 1
(explosive) materials while anchored in an anchorage ground described in
36°52'41.0" N. 76°20'07" W. this section.
36°52'39.5" N. 76°20'37.8" W. (2) Except as otherwise provided, a vessel may not occupy an anchorage
36°52'18.8" N. 76°20'34.3" W. for more than 30 days, unless the vessel obtains a permit from the Captain
36°52'22.2" N. 76°20'03.8" W. of the Port.
(3) Except in an emergency, a vessel that is likely to sink or otherwise
(ii) Anchorage Q. The waters bounded by a line connecting the following become a menace or obstruction to navigation or the anchoring of other
points: vessels may not occupy an anchorage, unless the vessel obtains a permit
from the Captain of the Port.
(4) The Captain of the Port may, upon application, assign a vessel to a
Latitude Longitude
specific berth within an anchorage for a specified period of time.
36°52'17.8" N. 76°19'38.8" W. (5) The Captain of the Port may grant a revocable permit to a vessel for
36°52'01.1" N. 76°19'15.5" W. a habitual use of a berth. Only the vessel feat holds the revocable permit
may use the berth during the period feat the permit is in effect
36°51'56.4" N. 76°19'21.7" W.
36°52'12.6" N. 76°19'45.1" W. (6) The Commander, Fifth Coast Guard District, may authorize the
establishment and placement of temporary mooring buoys within a berth.
Placement of a fixed structure within an anchorage may be authorized by
(iii) Anchorage R. Port Norfolk. The waters bounded by a line connecting fee District Engineer, U.S. Army Corps of Engineers.
the following points: (7) If an application is for the long-term lay up of a vessel, the Captain
of the Port may establish special conditions in the permit wife which fee
Latitude Longitude vessel must comply.
(8) Upon notification by the Captain of the Port to shift its position
36°51'45.7" N. 76°19'31.5" W. within an anchorage, a vessel at anchor shall get underway at once or
36°51'45.8" N. 76°19'20.7" W. signal for a tug. The vessel shall move to its new location in a prompt
36°51'37.8" N. 76°19'24.3" W. manner.
36°51'32.5" N. 76°19'31.1" W. (9) The Captain of the Port may prescribe specific conditions for vessels
36°51'40.7" N. 76°19'37.3" W. anchoring within the anchorages described in this section, including, but
36°51'45.7" N. 76°19'31.5" W. not limited to, the number and location of anchors, scope of chain,
readiness of engineering plant and equipment, usage of tugs, and
requirements for maintaining communications guards on selected radio
(iv) Anchorage 5, Port Norfolk. The waters bounded by a line connecting frequencies.
the following points: (10) A vessel feat does not have a sufficient crew on board to weigh
anchor at any time shall have two anchors in place wife a mooring swivel,
Latitude Longitude unless the Captain of the Port shall waive this requirement Members of fee
crew may not be released until the required anchors have been set.
36°51'42.1" N. 76°19'15.5" W. (11) No vessel at anchor or at a mooring within an anchorage may
36°51'33.1" N. 76°19'02.6" W. transfer oil to another vessel unless the vessel has given the Captain of fee
36°51'31.9" N. 76°19'17.0" W. Port the four hours advance notice required by §156.118 of this title.
(12) Barges may not anchor in the deeper portions of anchorages or
(v) Anchorage T, Hospital Point. The waters bounded by a line interfere wife the anchoring of deep-draft vessels.
connecting the following points: (13) Barges towed in tandem to an anchorage shall be nested together
when anchored.
(14) Any vessel anchored or moored in an anchorage adjacent to fee
Latitude Longitude
Chesapeake Bay Bridge Tunnel or 1-664 Bridge Tunnel shall be capable of
getting underway within 30 minutes wife sufficient power to keep free of
36°51'05.4" N 76°18'22.4" W.
fee bridge tunnel complex.
36°50'54.2" N 76°17'52.2" W.
(15) A vessel may not anchor or moor in an anchorage adjacent to fee
36°50'36.7" N 76°17'52.8" W.
36°50'33.6" N 76°17'58.8" W. Chesapeake Bay Bridge Tunnel or 1-664 Bridge Tunnel if its steering or
36°50'49.3" N 76°18'09.0" W. main propulsion equipment is impaired.
36°50'50.3" N 76°18'07.8" W. (d) Regulations/or vessels handling or carrying dangerous cargoes or
36°50'56.2" N 76°18'12.5" W. Class I (explosive) materials.
36°51'01.8" N 76°18'32.3" W. (1) This paragraph (d) applies to every vessel, except a naval vessel,
handling or carrying dangerous cargoes or Class 1 (explosive) materials.
(2) Unless otherwise directed by the Captain of the Port, each vessel
(7) Anchorage U, The Hague. The waters of the basin known as "The handling or carrying dangerous cargoes or Class 1 (explosive) materials
Hague", north of the Brambleton Avenue Bridge, except for the area within must be anchored or moored within Anchorage Berth E-1.
100 feet of the bridge span that provides access to and from the Elizabeth (3) Each vessel, including each tug and stevedore boat, used for loading
River. or unloading dangerous cargoes or Class 1 (explosive) materials in an
(b) Definitions. As used in this section:
(1) "Dangerous cargo" means "certain dangerous cargo" as defined in
§160.203 of this title.

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M.E.T. PUBLICATION 515 — 5TH EDITION
anchorage, must carry a written permit issued by the Captain of the Port Anchorage G, naval vessels must comply with Department of Defense
(4) The Captain of the Port may require every person having business Ammunition and Explosives Safety Standards, or the standards in this
aboard a vessel handling or carrying dangerous cargoes or Class 1 section, whichever are the more stringent
(explosive) materials while in an anchorage, other than a member of the (iii) When barges and other vessels carrying Class 1 (explosive) materials
crew, to hold either a pass issued by the Captain of the Port or another are berthed at the Ammunition Barge Mooring Facility, located at latitude
form of identification prescribed by the Captain of the Port. 36°58'34" N., longitude 76°21'12" W, no other vessel, except a vessel that
(5) Each person having business aboard a vessel handling or carrying is receiving or offloading Class I (explosive) materials, may anchor within
dangerous cargoes or Class 1 (explosive) materials while in an anchorage, 1,000 yards of the Ammunition Barge Mooring Facility.
other than a member of the crew, shall present the pass or other form of (iv) Whenever a vessel is handling or transferring Class 1 (explosive)
identification prescribed by paragraph (d)(4) of this section to any Coast materials while at anchor in Anchorage G, no other vessel may anchor in
Guard boarding officer who requests it Anchorage G without the permission of the Captain of the Port. The
(6) The Captain of the Port may revoke at any time a pass issued under Captain of the Port shall consult with the Commander, Naval Base Norfolk,
the authority of paragraph (d)(4) of this section. before granting a vessel permission to anchor in Anchorage G.
(7) Each non-self-propelled vessel handling or carrying dangerous (v) A vessel located within Anchorage G may not handle or transfer
cargoes or Class 1 (explosive) materials must have a tug in attendance at Class 1 (explosive) materials within 400 yards of Norfolk Harbor Entrance
all times while at anchor. Reach.
(8) Each vessel handling or carrying dangerous cargoes or Class 1 (vi) A vessel may not handle or transfer Class 1 (explosive) materials
(explosive) materials while at anchor must display by day a red flag in a within 850 yards of another anchored vessel, unless the other vessel is also
prominent location and by night a fixed red light handling or transferring Class 1 (explosive) materials.
(e) Quarantine Anchorage Regulations. (vii) A vessel may not handle or transfer Class 1 (explosive) materials
(1) Anchorage Berth K-3 is the "Quarantine Anchorage". within 850 yards of Anchorage F or H.
(2) Any vessel that requires examination by quarantine, customs, or (7) Anchorage I—Anchorage Berths 1-1 and 1-2. A. vessel that is 500
immigration authorities, but whose draft or size prevents it from using feet or less in length or that has a draft of 30 feet or less may not anchor in
Anchorage Berth K-3, may anchor in another anchorage that it is otherwise Anchorage Berth 1-1 or 1-2 without the permission of the Captain of the
authorized to use, if the vessel notifies the Captain of the Port and the Port.
agency that ordered the vessel to the "Quarantine Anchorage". (8) Anchorage K—
(f) Regulations for Specific Anchorages. (i) Anchorage Berths K-1 and K-2. A vessel that is 500 feet or less in
(1) Anchorage A. Except for a naval vessel, military support vessel, or length or that has a draft of 30 feet or less may not anchor in Anchorage
vessel in an emergency situation, a vessel may not anchor in Anchorage A Berth K-1 or K-2 without the permission of the Captain of the Port.
without the permission of the Captain of the Port. The Captain of the Port (ii) A vessel that is arriving from or departing for sea and that requires
shall consult with the Commander, Naval Amphibious Base Little Creek, an examination by public health, customs, or immigration authorities may
before granting a vessel permission to anchor in Anchorage A. anchor in the Anchorage Berth K-3.
(2) Anchorages B and C. Except for a naval vessel, a vessel may not (iii) Unless directed by the Captain of the Port, a vessel that does not
anchor in Anchorage B or C without the permission of the Captain of the require an examination by public health, customs, or immigration
Port. The Captain of the Port shall consult with the Commander, Naval authorities may not anchor in Anchorage Berth K-3.
Amphibious Base Little Creek, before granting a vessel permission to (iv) Every vessel using Anchorage Berth K-3 shall be prepared to move
anchor in Anchorage B or C. promptly under its own power to another location when directed by the
(3) Anchorage D. Except for a naval vessel or vessel in an emergency Captain of the Port, and shall promptly vacate Anchorage Berth K-3 after
situation, a vessel may not anchor in Anchorage D without the permission being examined and released by authorities.
of the Captain of the Port. The Captain of the Port shall consult with the (v) When any vessel using Anchorage Berth K-3 is under the charge of
Commander, Naval Amphibious Base Little Creek, before granting a vessel a pilot, the pilot shall remain on board while the vessel is in Anchorage
permission to anchor in Anchorage D. Berth K-3.
(4) Anchorage E. (vi) Any non-self-propelled vessel using Anchorage Berth K-3 shall have
(i) A vessel may not anchor in Anchorage E without a permit issued by a tugboat in attendance while undergoing examination by quarantine,
the Captain of the Port customs, or immigration authorities, except with the permission of the
(ii) The Captain of the Port shall give commercial vessels priority over Captain of the Port.
naval and public vessels. (9) Anchorage P.
(iii) The Captain of the Port may at any time revoke a permit to anchor (i) A vessel waiting to be loaded may not remain in Anchorage P longer
in Anchorage E issued under the authority of paragraph (f)(4)(i) of this than 48 hours, except when non-availability of loading facilities, inclement
section. weather, ice conditions, or other circumstances beyond the vessel's control
(iv) A vessel may not anchor in Anchorage Berth E-l, unless it is prohibit it from moving.
handling or carrying dangerous cargoes or Class 1 (explosive) materials. (ii) A vessel loaded with cargo may not remain in Anchorage P for more
(v) A vessel may not anchor within 500 yards of Anchorage Berth E-l than 12 daylight hours without permission from the Captain of the Port.
without the permission of the Captain of the Port, if the berth is occupied (10) Anchorage T. Portions of this anchorage are a special anchorage
by a vessel handling or carrying dangerous cargoes or Class 1 (explosive) area under §110.72aa of this Title during marine events regulated under
materials. §100.501 of this Title.
(5) Anchorage F. A vessel less than 700 feet long or having a draft less (11) Anchorage U.
than 40 feet may not anchor in Anchorage F without the permission of the (i) A vessel may not anchor in Anchorage U unless it is a recreational
Captain of the Port. vessel.
(6) Anchorage G. (ii) No float, raft, lighter, houseboat, or other craft may be laid up for any
(i) Except for a naval vessel, a vessel may not anchor in Anchorage G reason in Anchorage U without the permission of the Captain of the Port.
without the permission of the Captain of the Port. [CGD 05-38-17, 54 FR 605, Jan. 9, 1989, CGD 05-88-17, 54 FR 7190, Feb. 17,
(ii) When handling or transferring Class 1 (explosive) materials in 1989, as amended by CGD 05-88-17, 54 FR 32419, Aug. 7, 1989 CGD 32-050, 59
FR 39965, Aug. 5, 1994]

33 CFR PART 110 PAGE 20


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M.E.T. PUBLICATION 515 — 5TH EDITION
(3) No vessel may anchor within the designated anchorages for more
110.170 Lockwoods Folly Inlet, N.C. than 72 hours without the prior approval of the Captain of the Port
(a) Explosives Anchorage. Beginning at a point southeast of Shallotte (4) No vessel may anchor unless it maintains a bridge watch, guards and
Inlet at latitude 33°52'31", longitude 78°18'49"; thence south to latitude answers Channel 16 FM, and maintains an accurate position plot.
33°51'31", longitude 78°18'42"; thence east to latitude 33°51'51", (5) If any anchored vessel is so close to another that a collision is
longitude 78°14'35"; thence north to latitude 33°52'52", longitude probable, each vessel must communicate with the other vessel and the
78°14'40"; thence west to the point of beginning. Captain of the Port on Channel 16 FM and shall act to eliminate the close
(b) General regulations. proximity situation.
(1) This anchorage is reserved for the exclusive use of vessels carrying (6) No vessel may anchor unless it maintains the capability to get
explosives. underway within 4 hours.
(2) Vessels in this anchorage shall not anchor closer than 1,500 yards to (7) No vessel may anchor in a "dead ship" status (propulsion or control
one another. This provision is not intended to prohibit barges or lighters unavailable for normal operations) without the prior approval of the
from lying alongside vessels for transfer of cargo. Captain of the Port.
(3) The maximum quantity of explosives aboard any vessel that may be (8) Dragging of anchors in or across main ship channels and cable areas
in this anchorage is 8,000 tons. is prohibited.
(4) Nothing in this section shall be construed as relieving the owner, (9) Vessels which, through force of great emergency, are anchored
master, or person in charge of any vessel from the penalties of the law for contrary to the foregoing regulations in this section shall be shifted to new
obstructing navigation or for not complying with the navigation laws in berths in accordance with such regulations at the earliest opportunity.
regard to lights, fog signals, etc. (10) A vessel, upon notification from the Captain of the Port to shift its
[CGFR 69-1, 34 FR 839, Jan. 18, 1969] position in anchorage grounds must get underway at once or signal for a
tug, and must change position as directed with reasonable promptness.
110.173 Port of Charleston, SC. (11) No vessel may conduct lightering operations in an anchorage
(a) The anchorage grounds. without permission from the Captain of the Port.
(1) Commercial Anchorage A. This anchorage is located adjacent to the (12) When the use of an anchorage is required by naval vessels, the
western edge of Folly Island Channel and southwest of Rebellion Reach vessels anchored therein shall move when the Captain of the Port directs
and is bounded by the following coordinates: them.
32°45'34" N., 79°52'12" W.; to (13) Nothing in this section shall be construed as relieving the owner or
32°46'17" N., 79°53'21" W.; to person in charge of any vessel from the penalties of law for obstructing
32°45'51" N., 79°53'23" W.; to navigation, or for obstructing or interfering with range lights, or for not
32°45'34" N., 79°52'55" W.; thence back to complying with the navigation laws in regard to lights, fog signals, etc.
32°45'34" N.,79°52'12" W. [CGD7 83-15, 49 FR 26587, June 28, 1984]
(2) Commercial Anchorage B. This anchorage is located adjacent to the
south side of South Channel and bounded by the following coordinates: 110.179 Skidaway River, Isle of Hope, Ga.
32°45'28" N., 79°53'40" W. to (a) The anchorage ground. An area in Skidaway River beginning at a
32°45'28" N., 79°54'46" W. to point on the mean low water line 400 feet south of Brady Boat Works,
32°45'19" N., 79°54'46" W. to thence 76°30', 300 feet to a buoy; thence 152°30', 900 feet to a buoy;
32°45'12" N., 79°54'06" W. to thence 251°00', 450 feet to the mean low water line at Wymberly Yacht
32°45'16" N., 79°53'40" W. thence back to Club dock.
32°45'28" N., 79°53'40" W. (b) The regulations.
(3) Commercial Anchorage C. This anchorage is located 1800 yards, (1) Except in cases of great emergency, no vessels shall anchor in
118° true from St. Michaels Church Spire and has a diameter of 500 yards. Skidaway River between the north end of Barbee's dock and southward to
Vessels using this anchorage must anchor in the center. Day Marker 48 except in the anchorage area hereby defined and
(4) Commercial Anchorage D. This anchorage is located 51°30' true, established: Provided, however. That vessels may moor to any lawfully
1375 yards from St. Michaels Church Spire and has a diameter of 1400 constructed wharf.
feet The use of this anchorage is limited to loaded vessels for a period of (2) Except in cases of great emergency, no vessel shall be anchored
not more than 24 hours. where it can swing within 50 feet of any lawfully constructed wharf or
(b) The regulations. within 50 feet of the mean low water line, nor shall any vessel be so
(1) Except in cases of great emergency, no vessel shall be anchored in anchored that any portion of the hull or rigging shall at any time extend
the main ship channels as defined by broken lines marking their boundaries outside the boundary of the anchorage area.
on NOAA Chart 11524. Vessels must be anchored in such a way as not to (3) Any vessel anchoring under circumstances of great emergency
interfere with the free navigation of channels in the port, including Cooper, outside the anchorage area should be placed in such a position as not to
Ashley, Wando Rivers, and Town Creek, nor to obstruct the approach to interfere with the free navigation of the channel nor obstruct the approach
any pier or entrance to any slip, nor to impede the movement of any vessel to any lawfully constructed wharf nor impede the movement of any boat,
or craft. and shall move away immediately after the emergency ceases or upon
(2) Vessels using the anchorages opposite the eastern waterfront of notification of the District Commander.
Charleston shall place their anchors as near as possible in the center of the (4) No vessels with an overall length greater than 65 feet will use the
anchorage. Vessels not using a designated commercial anchorage shall not anchorage area except in cases of great emergency.
place their anchors within the main ship channels, nor shall be so anchored (5) Vessels operating within the anchorage area will not exceed a speed
as to swing within 400 feet of any wharf or pier on the eastern waterfront of five (5) miles per hour.
of Charleston. Vessels may be so anchored as to swing into the main ship
channels only if they are so placed with reference to the customary winds, 110.182 Atlantic Ocean off Fort George Inlet, near Mayport, Fla.
tides, and currents of the harbor, as to swing only during slack water, and (a) The Anchorage areas—
that during this period there shall remain in the waters adjacent to the (1) Anchorages for aircraft carriers and other deep draft vessels. Four
channel an area of sufficient depth as to permit the safe passage of loaded circular areas each with a radius of 600 yards and with their centers located
vessels.

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M.E.T. PUBLICATION 515 — 5TH EDITION
at "A"—latitude 30°25'35", longitude 81°21'23"; "Beatitude (4) Anchorages A and B are temporary anchorages. Vessels meeting the
30°26'13", longitude 81°21'13"; "C"—latitude 30°26'19", longitude applicable restrictions of subsection (b)(2) or (b)(3) of this section may
81°20'27"; "D"—latitude 30°26'55", longitude 81°20'47". anchor for up to 24 hours without a permit from the Captain of the Port.
(2) Anchorages/or destroyers and other ships of similar size. Six Vessels not meeting the applicable restrictions of subsection (b)(2) or (b)(3)
circular areas each with a radius of 300 yards and with their centers located must obtain authorization from the Captain of the Port before anchoring in
at: " 1"—latitude 30°24'38"; longitude 81°21'57"; "2"—latitude Anchorages A or B.
30°24'57", longitude 81°21'58"; "3"—latitude 30°24'56", longitude [CGD 07-93-035, 60 FR 14220, Mar. 16, 1995]
81°21'38"; "4"—latitude 30°25'13", longitude 81°22'05"; "5"—latitude
30°25'13", longitude 81°21'43"; "6°—latitude 30°25'07", 110.185 Atlantic Ocean, off the Port of Palm Beach, FL.
longitude 81°21'24". (a) The anchorage grounds.
(3) Explosives anchorage. The circular area "A" described in paragraph (1) Anchorage A. The waters lying within an area bounded by a line
(a)(1) of this section is also designated as an explosives anchorage for use beginning at latitude 26°50'00" N., longitude 80°01'12" W.; thence westerly
during periods when ammunition must be bandled outside the limits of the to latitude 26°50'00" N., longitude 80°01'30" W.; thence southerly to
U.S. Naval Station, Mayport, Fla. latitude 26°47'30" N., longitude 80°01'30" W.; thence easterly to latitude
(b) The regulations/or all designated areas. 26°47'30" N., longitude 80°01'12" W.; and thence northerly to the point
(1) Usage of these areas by naval vessels shall predominate only when of beginning.
necessary for military requirements; at such times other vessels shall remain (2) Anchorage B. The waters lying within an area bounded by a tine
clear of the areas. beginning at latitude 26°45'06" N., longitude 80°01'12" W.; thence westerly
(2) Prudent assignment of the anchorage areas shall be made by the to latitude 26°45'06" N., longitude 80°01'42'' W.; thence southerly to
Commanding Officer, U.S. Naval Station, Mayport, Fla. latitude 26°43'48" N., longitude 80°01'42" W.; thence easterly to latitude
(c) Additional regulations/or Explosives Anchorage Area "A". 26°43'48" N., longitude 80°01'12" W.; and thence northerly to the point
(1) When occupied by a vessel handling explosives, no other vessel may of beginning.
enter the area unless authorized by the enforcing agency. (b) The regulations.
(2) Only one vessel handling explosives may anchor in the area at one (1) Vessels in the Atlantic Ocean near Lake Worm Inlet awaiting
time. A patrol craft shall be utilized to assure that other vessels remain berthing space at the Port of Palm Beach, shall only anchor within the
clear when explosives are exposed or being transferred to and from the anchorage areas hereby defined and established, except in cases of great
anchorage. emergency.
(3) No more than 500,000 pounds net high explosives or equivalent may (2) Vessels anchoring under circumstances of great emergency outside
be exposed in the area at any one time. the anchorage areas shall be shifted to new positions within the anchorage
(d) The regulations in this section shall be enforced by the Commanding areas immediately after the emergency ceases.
Officer, U.S. Naval Station, Mayport, Fla., or other agencies that he may [CGD 7-85-10, 51 FR 11726, Apr. 7, 1986]
designate.
110.186 Port Everglades, Florida.
110.183 St. Johns River, Florida. (a) The anchorage grounds.
(a) The anchorage grounds— (1) Anchorage A. A rectangular area the center of which is approximately
(1) Anchorage A. (Upper Anchorage) The Anchorage is established two miles northeast of the entrance to Port Everglades with the following
within the following coordinates, the area enclosed by a line starting at the NAD 83 coordinates:
south shore westerly of the entrance to Miller Creek at
30°18'43.8" N, 081°38'15.0" W; thence to
30°18'52.8" N, 081°38'15.0" W; thence to Latitude Longitude
30°18'47.6" N, 081°37'47.6" W; thence to
30°18'55.0" N, 081°37'29.0" W; thence to 26°07'46" N. 80°04'51" W.
30°19'06.0" N, 081°37'27.0" W; thence to 26°07'46" N. 80°05'01" W.
30°19'06.0" N, 081°37'02.0" W; thence to 26°06'20" N. 80°05'01" W.
30°19'01.2"N, 081°37'02.0" W; thence returning to the point of beginning. 26°06'20" N. 80°05'10" W.
(2) Anchorage B. (Lower Anchorage) The Anchorage is established
within the following coordinates, the area enclosed by a line starting at a
(2) Anchorage B. An area bounded by a line connecting points with the
point on the eastern shore of the river at 'Floral Bluff at
following NAD 83 coordinates:
30°21'00.0" N, 081°36'41.0" W; thence to
30°20'00.0" N, 081°37'03.0" W; thence to
30°21'00.0" N, 081°37'06.0" W; thence to
Latitude Longitude
30°21'50.0" N, 081°36'56.0" W; thence to
30°21'54.0" N, 081°36'48.0" W; thence returning to the point of beginning. 26°07'16" N. 80°04'38" W.
(b) The regulations.
26°07'56" N. 80°04'34" W.
(1) Except in cases of emergency or for temporary anchorage as
26°07'56" N. 80°02'42" W.
authorized in the following subsections, vessels must have authorization 26°07'16" N. 80°02'54" W.
from the Captain of the Port to anchor in the St. Johns River, as depicted
on NOAA chart 11491, between the entrance buoy (STJ) and the Main
Street Bridge (latitude 30°19'20" N, longitude 81°39'32" W). (b) The regulations,
(2) Anchoring within Anchorage A is restricted to vessels less than 250 (1) Commercial vessels in the Atlantic Ocean in the vicinity of Port
feet in length. Everglades shall anchor only within the anchorage area hereby defined and
(3) Anchoring within Anchorage B is restricted to vessels with a draft of established, except in cases of emergency.
24 feet or less regardless of length. (2) Commercial vessels anchoring under emergency circumstances
outside the anchorage area shall be shifted to new positions within the
anchorage area immediately after the emergency ceases.
[CGD 07-91-060, 58 FR 36356, July 7, 1993]

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M.E.T. PUBLICATION 515 — 5TH EDITION
110.188 Atlantic Ocean off Miami and Miami Beach, Fla.
(a) The anchorage grounds. The area to the eastward of a tine bearing Fort Jefferson West Channel Daybeacon 4, thence to Fort Jefferson West
12° (N. 12° E.) through a point X, which is 11/2 nautical miles due east of Channel Daybeacon 6, and thence to Fort Jefferson West Channel
Daybeacon 8.
the intersection of the Miami Beach shore line with the norm jetty; to the
(b) The regulations. Except in cases of emergency involving danger to
northward of a line bearing 102° (S. 78° E.) and intersecting the 12° line
life or property, no vessel engaged in commercial fishing or shrimping
at a point A, one-half nautical mile north of the said point X; and to the
shall anchor in any of the channels harbors, or lagoons in the vicinity of
southward of a line bearing 102° (S. 78° E.) and intersecting the 12° line
Garden Keys, Bush Key, or the surrounding shoals, outside of Bird Key
at a point B, 21/2 nautical miles north of the said point X. The northern and
Harbor.
southern extremities of the 12° line are marked by spar buoys. The entire
anchorage area lies norm of the entrance channel to Miami Harbor.
(b) The rules and regulations. 110.193 Tampa Bay, Fla.
(1) Except in cases of great emergency, no vessel shall be anchored in (a) The anchorage grounds—
the Atlantic Ocean in the vicinity of the entrances to the approach channels (1) Explosives anchorage east of Mullet Key. A rectangular area in
leading to the cities of Miami Beach and Miami, Fla., outside of the Tampa Bay, approximately 4,459 yards long and 1,419 yards wide,
anchorage area hereby defined and established—that is, they shall not beginning at latitude 27°38'30", longitude 82°39'09", and extending
anchor shoreward of the line first named nor southward of the second nor northeasterly to latitude 27°39'48", longitude 82°37'15"; thence
northward of the third line—but may anchor as fir to the eastward as may southeasterly to latitude 27°39'17", longitude 82°36'46"; thence
be desired. southwesterly to latitude 27°37'52", longitude 82°38'38"; thence
(2) Any vessel anchoring under circumstances of great emergency northwesterly to the point of beginning.
outside of the anchorage area shall be shifted to new berths within the area (2) Temporary explosives anchorage south of Interbay Peninsula.
immediately after the emergency ceases. Beginning at a point bearing 107°, 1,750 yards from Cut "F" Range Front
(3) All vessels shall lie at anchor with as short a cable as conditions will Light; thence to a point bearing 125°, 2,050 yards, from Cut "F" Range
permit. Front Light; thence to a point bearing 180°, 1,725 yards, from Cut "F"
(4) A vessel upon being notified to move into the anchorage limits or to Range Front Light; thence to a point bearing 222°, 2,180 yards, from Cut
shift its position on the anchorage ground must get under way at once or "F" Range Front Light; thence to a point bearing 251°, 1,540 yards, from
signal for a tug, and must change position as directed with reasonable Cut "F" Range Front Light; and thence to the point of beginning.
promptness. (3) Temporary explosives anchorage off Port Tampa. A circular area
(5) Whenever the maritime or commercial interests of the United States with a radius of 200 yards with the point at latitude 27°50'22", longitude
so require, the Captain of the Port, U.S. Coast Guard, Miami, Fla., is 82°34'15".
hereby empowered to shift the position of any vessel anchored on the (4) Quarantine Anchorage. Southeast of the temporary explosive
anchorage ground or outside thereof, or of any vessel moored or anchored anchorage, beginning at a point bearing 97° true, 4,370 yards, from Cut "F"
so as to impede or obstruct vessel movements or obstruct or interfere with Range Front Light; thence to a point bearing 113°30', 5,370 yards, from
range lights. Cut "F" Range Front Light; thence to a point bearing 161°30', 3,770
(6) Vessels carrying explosives shall be anchored only under a written yards, from Cut "F" Range Front Light; thence to a point bearing 163°30',
permit issued by the Captain of the Port and at such point as he may direct 2,070 yards, from Cut "F" Range Front Light; thence to the point of
(7) Vessels carrying explosives shall be at all times in charge of a beginning.
competent person, and must display by day a red flag, of not less than 16 (5) Barge Fleeting Area, Hillsborough Bay. Located 400 feet west of Cut
square feet, at the masthead, or not less than 10 feet above the upper deck "D" Channel at a point beginning at latitude 27°54'34", longitude
if the vessel has no mast; at night a red light shall be displayed in the 82°26'35"; thence northerly 1,000 feet to latitude 27°54'43", longitude
positions specified for the red flag. 82°26'40"; thence westerly 500 feet to latitude 27°54'41", longitude
(8) Nothing in this paragraph shall be construed as relieving the owner 82°26'45"; thence southerly 1,000 feet to latitude 27°54'32", longitude
or person in charge of any vessel from the penalties of the law for 82°26'40"; thence easterly 500 feet to the point of beginning.
obstructing navigation, or for obstructing or interfering with range lights, Note: This area is reserved for transient barges only. Barges shall not
or for not complying with the navigation laws in regard to lights, fog occupy this anchorage for a period longer than 96 hours unless permission
signals, or other aids to navigation, or for otherwise violating law. is obtained from the Captain of the Port for this purpose.
(b) The regulations.
(1) The explosives anchorage east of Mullet Key shall be used by vessels
110.189a Key West Harbor, Key West, Fla., naval explosives
awaiting loading or unloading at Port Tampa that have explosives actually
anchorage area.
on board and where the duration of anchorage will exceed 72 hours.
(a) The anchorage ground. A circular area with its center at latitude
(2) The temporary explosives anchorages south of Interbay Peninsula
24°30'50.6", longitude 81°50'31.6" with a radius of 300 yards, for use for
and off Port Tampa shall be used for vessels engaged in loading explosives
ammunition exceeding the prescribed limits for pier-side handling.
when the duration of the anchorage is less than 72 hours.
(b) The regulations.
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 63-62, 34 FR
(1) When occupied by a vessel handling explosives, no other vessel may
11582, July 15, 1969; 34 FR 12255, July 15, 1969]
enter the area unless authorized by the enforcing agency.
(2) Only one vessel handling explosives may anchor in the area at one
time. 110.193a St. Joseph Bay, Fla.
(3) No more than 300,000 pounds net of high explosives or equivalent (a) The anchorage grounds—
may be handled in the area at any one time. (1) Explosives Anchorage Area 1. A rectangular area 3,000 yards long
(4) The regulations in this section shall be enforced by the Commander, by 700 yards wide beginning at a point 1350 yards west of U.S. Highway
U.S. Naval Base, Key West, Fla., and any other agencies he may designate. 98 Bridge over Gulf County Canal. The area is parallel to and 450 yards
northeast of the north entrance channel to Port St. Joe, Florida.
(2) Explosives Anchorage Area 2. A circular area with a 500-yard radius
110.190 Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas,
around a center point located at latitude 29°47'30"; longitude 85°21'30",
Fla.
(a) The anchorage grounds. All of Bird Key Harbor, southwest of Garden
Key, bounded by the surrounding reefs and shoals and, on the northeast, by
a line extending from Fort Jefferson West Channel Daybeacon 2 to

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M.E.T. PUBLICATION 515 — 5TH EDITION
3,100 yards southeast of FW South Channel Light and 5,250 yards south widths are measured from the average low water plane (ALWP).
of FW North Channel Light, in St. Joseph Bay, Port St. Joe, Florida. (1) Pilottown Anchorage. An area 5.2 miles in length along the right
(b) The regulations. descending bank of the river from mile 1.5 to mile 6.7 above Head of
(1) The explosives anchorage areas shall be used as temporary anchorage Passes, extending in width to 1600 feet from the left descending bank of
for vessels engaged in loading and unloading explosives at the port of Port the river.
St. Joe, Florida, when the duration of the anchorage period is less than 96 Caution: A wreck is located within the boundaries of this anchorage.
hours. Mariners are urged to use caution in this anchorage.
(2) No vessel shall occupy this anchorage without obtaining a permit (2) Lower Venice Anchorage. An area 1.6 miles in length along the left
from the Captain of the Port. descending bank of the river from mile 8.0 to mile 9.6 above Head of
Passes with the west limit 1,200 feet from the ALWP of the right
110.194 Mobile Bay, Ala., at entrance. descending bank.
(a) The anchorage grounds. The waters within a radius of 750 yards Caution: A pipeline crossing exists at mile 9.8 AHOP. Mariners are
from a point located 1,000 yards true north from Fort Morgan Light. urged to use caution between mile 9.6 AHOP and mile 10.0 AHOP.
(b) The regulations. (3) Upper Venice Anchorage. An area 1.2 miles in length along the left
(1) This anchorage shall be used by vessels loading or discharging high descending bank of the river from mile 10.0 to mile 11.2 above Head of
explosives. It shall also be used by vessels carrying dangerous or Passes with the west limit 1,200 feet from the ALWP of the right
inflammable cargoes requiring an anchorage. It may be used for a general descending bank.
anchorage when not required for vessels carrying explosives or dangerous (4) Boothville Anchorage. An area 63 miles in length along the right
or inflammable cargoes. descending bank of the river extending from mile 12.2 to mile 18.5 above
(2) No vessel shall occupy this anchorage without obtaining a permit Head of Passes. The width of the anchorage is 750 feet The inner
from the Captain of the Port. boundary of the anchorage is a line parallel to the nearest bank 250 feet
from the water's edge into the river as measured from the Low Water
Reference Plane (LWRP). The outer boundary of the anchorage is a line
110.194a Mobile Bay, Ala., and Mississippi Sound, Miss.
(a) The anchorage grounds. parallel to the nearest bank 1,000 feet from the water's edge into the river
(1) The waters of lower Mobile Bay, near Cedar Point, within an area as measured from the Low Water Reference Plane (LWRP).
bounded on the north by latitude 30°21'00", on the east by longitude (5) Ostrica Anchorage. An area 1.4 miles in length along the right
88°05'00", on the south by latitude 30°20'00", and on the west by descending bank of the river extending from mile 23.0 to mile 24.4 above
longitude 88°06'00". Head of Passes. The width of the anchorage is 800 feet
(2) The waters of Mississippi Sound, south of Biloxi, within an area (6) Port Sulphur Anchorage. An area 2-2 miles in length along the left
bounded on the north by latitude 30°20'00", on the east by longitude descending bank of the river, 800 feet wide, extending from mile 37.5 to
88°54'00", on the south by latitude 30°19'00", and on the west by mile 39.7 above Head of Passes.
longitude 88°55'00". (7) Magnolia Anchorage. An area 2.1 miles in length along the right
(b) The regulations. descending bank of the river extending from mile 45.5 to mile 47.6 above
(1) The anchorages are exclusively for the use of unmanned barges, canal Head of Passes. The width of the anchorage is 700 feet The inner
boats, scows, and other nondescript vessels. Such craft shall be so anchored boundary of the anchorage is a line parallel to the nearest bank 400 feet
that they will not at any time extend outside the limits of the anchorages. from the water's edge into the river as measured from the LWRP. The
(2) In emergencies or whenever maritime or commercial interests of the outer boundary of the anchorage is a line parallel to the nearest bank 1,100
United States so require, the Captain of the Port is authorized to shift the feet from the water's edge into the river as measured from the LWRP.
position of any craft in the anchorages. (8) Point Celeste Anchorage. An area 2-2 miles in length along the right
(3) Whenever in the opinion of the Captain of the Port, such action may descending bank of the river extending from mile 49.8 to mile 52.0 above
be necessary, any or all craft in these anchorages may be required to be Head of Passes. The width of the anchorage is 400 feet The inner
moored with two or more anchors. boundary of the anchorage is a line parallel to the nearest bank 400 feet
(4) No vessel shall be navigated within the anchorages at a speed from the water's edge into the river as measured from the LWRP. The
exceeding six knots. outer boundary of the anchorage is a line parallel to the nearest bank 800
feet from the water's edge into the river as measured from the LWRP.
(9) Davant Anchorage. An area 1.1 miles in length along the left
110.194b Mississippi Sound and Gulf of Mexico, near Petit Bois
descending bank of the river extending from mile 52.8 to mile 53.9 above
Island, Miss.
Head of Passes. The width of the anchorage is 800 feet
(a) The anchorage grounds—
(1) Explosives Anchorage Area No. I. A circular area with a one-half (10) Alliance Anchorage. An area 2.0 miles in length along the right
mile radius with its center located at latitude 30°14'09", longitude descending bank of the river extending from mile 63.8 to mile 65.8 above
88°29'13", in the waters of Mississippi Sound north of the west end of Head of Passes. The width of the anchorage is 400 feet The inner
Petit Bois Island. boundary of the anchorage is a line parallel to the nearest bank 400 feet
(2) Explosives Anchorage Area No. 2. A circular area with a three- from the water's edge into the river as measured from the LWRP. The
fourths mile radius with its center located at latitude 30°11'12", longitude outer boundary of the anchorage is a line parallel to the nearest bank 800
88°30'07", in the waters of Gulf of Mexico south of the west end of Petit feet from the water's edge into the river as measured from the LWRP.
Bois Island. (11) Wills Point Anchorage. An area I.I miles in length along the left
(b) The regulations. descending bank of the river extending from mile 66.5 to mile 67.6 above
(1) The areas shall be used as temporary anchorages for vessels engaged Head of Passes. The width of the anchorage is 600 feet The inner
in loading and unloading explosives at the Port of Pascagoula, Miss. boundary of the anchorage is a line parallel to the nearest bank 200 feet
(2) No vessel shall occupy the areas without obtaining a permit from the from the water's edge into the river as measured from the LWRP. The
Captain of the Port. outer boundary of the anchorage is a line parallel to the nearest bank 800
feet from the water's edge into the river as measured from the LWRP.
(12) Cedar Grove Anchorage. An area 1 -2 miles in length along the right
110.195 Mississippi River below Baton Rouge, La., including South
and Southwest Passes.
(a) The Anchorage Grounds. Unless otherwise specified, all anchorage

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98
M.E.T. PUBLICATION 515 — 5TH EDITION
descending bank of the river extending from mile 69.9 to mile 71.1 above outer boundary of the anchorage is a line parallel to the nearest bank 700
Head of Passes. The width of the anchorage is 500 feet The inner feet from the water's edge into the river as measured from the LWRP.
boundary of the anchorage is a line parallel to the nearest bank 200 feet (20) Kenner Bend Anchorage. An area 0.9 miles in length along the right
from the water's edge into the river as measured from the LWRP. The descending bank of the river extending from mile 114.7 to mile 115.6
outer boundary of the anchorage is a line parallel to the nearest bank 700 above Head of Passes. The width of the anchorage is 700 feet
feet from the water's edge into the river as measured from the LWRP. (21) Ama Anchorage. An area 1.8 miles in length along the left
(13) Belle Chasse Anchorage. An area 2.1 miles in length along the right descending bank of the river extending from mile 115.5 to mile 1173
descending bank of the river extending from mile 73.1 to mile 75.2 above above Head of Passes. The width of the anchorage is 400 feet The inner
Head of Passes. The width of the anchorage is 575 feet The inner boundary of the anchorage is a line parallel to the nearest bank 300 feet
boundary of the anchorage is a line parallel to the nearest bank 425 feet from the water's edge into the river as measured from the LWRP. The
from the water's edge into the river as measured from the LWRP. The outer boundary of the anchorage is a line parallel to the nearest bank 700
outer boundary of the anchorage is a line parallel to the nearest bank 1,000 feet from the water's edge into the river as measured from the LWRP.
feet from the water's edge into the river as measured from the LWRP. Caution: A wreck is located at mile 115.4 left descending bank above
(14) Lower 12 Mile Point Anchorage. An area 2.2 miles in length along Head of Passes marked by Mississippi River Wreck Lighted Buoy WR4.
the right descending bank of the river extending from mile 78.6 to mile Mariners are urged to use caution when anchoring in the lower end of this
80.8 above Head of Passes. The width of the anchorage is 500 feet The anchorage.
inner boundary of the anchorage is a line parallel to the nearest bank 300 (22) Bonnet Carre Anchorage. An area 1.5 miles in length along the left
feet from the water's edge into the river as measured from the LWRP. The descending bank of the river extending from mile 127.3 to mile 128.8
outer boundary of the anchorage is a line parallel to the nearest bank 800 above Head of Passes. This area is located adjacent to the river end of the
feet from the water's edge into the river as measured from the LWRP. Bonnet Carre Spillway. The width of the anchorage is 600 feet
(15) Lower 9 Mile Point Anchorage. An area 23 miles in length along Note: When the Bonnet Carre Spillway is open, no vessel may be
the right descending bank of the river extending from mile 82.7 to mile anchored in the Bonnet Carre Anchorage.
85.0 above Head of Passes. The width of the anchorage is 500 feet The (23) La Place Anchorage. An area 0.7 miles in length along the left
inner boundary of the anchorage is a line parallel to the nearest bank 300 descending bank of the river extending from mile 134.7 to mile 135.4
feet from the water's edge into the river as measured from the LWRP. The above Head of Passes. The width of the anchorage is 600 feet
outer boundary of the anchorage is a line parallel to the nearest bank 800 (24) Reserve Anchorage. An area 0.5 miles in length along the right
feet from the water's edge into the river as measured from the LWRP. descending bank of the river extending from mile 137.0 to mile 137.5
Caution: A wreck is located within the boundaries of this anchorage. above Head of Passes. The width of the anchorage is 500 feet The inner
Mariners are urged to use caution in this anchorage. boundary of the anchorage is a line parallel to the nearest bank 300 feet
(16) New Orleans Emergency Anchorage. An area 0.5 miles in length from the water's edge into the river as measured from the LWRP. The outer
along the right descending bank of the river extending from mile 89.6 to boundary of the anchorage is a line parallel to the nearest bank 800 feet
mile 90.1 above Head of Passes. The width of the anchorage is 550 feet from the water's edge into the river as measured from the LWRP.
The inner boundary of the anchorage is a line parallel to the nearest bank (25) Lower Grandview Reach Anchorage. An area 03 miles in length
250 feet from the water's edge into the river as measured from the LWRP. along the left descending bank of the river extending from mile 146.4 to
The outer boundary of the anchorage is a line parallel to the nearest bank mile 146.7 above Head of Passes. The width of the anchorage is 500 feet
800 feet from the water's edge into the river as measured from the LWRP. The inner boundary of the anchorage is a line parallel to the nearest bank
Note: No vessel shall occupy this anchorage unless expressly authorized 200 feet from the water's edge into the river as measured from the LWRP.
by the Captain of the Port No vessel may anchor in this anchorage The outer boundary of the anchorage is a line parallel to the nearest bank
exceeding 24 hours without the authorization of the Captain of the Port 700 feet from the water's edge into the river as measured for the LWRP.
(17) New Orleans General Anchorage. An area 0.8 miles in length along (26) Middle Grandview Reach Anchorage. An area 0.4 miles in length
the right descending bank of the river extending from mile 90.1 to mile along the left descending bank of the river extending from mile 146.8 to
90.9 above Head of Passes. The width of the anchorage is 550 feet The mile 1472 above Head of Passes. The width of the anchorage is 500 feet
inner boundary of the anchorage is a line parallel to the nearest bank 250 The inner boundary of the anchorage is a line parallel to the nearest bank
feet from the water's edge into the river as measured from the LWRP. The 200 feet from the water's edge into the river as measured from the LWRP.
outer boundary of the anchorage is a line parallel to the nearest bank 800 The outer boundary of the anchorage is a line parallel to the nearest bank
feet from the water's edge into the river as measured from the LWRP. 700 feet from the water's edge into the river as measured from the LWRP.
(18) Quarantine Anchorage. An area 0.7 miles in length along the right (27) Upper Grandview Reach Anchorage. An area 13 miles in length
descending bank of the river extending from mile 90.9 to mile 91.6 above along the left descending bank of the river extending from mile 147.5 to
Head of Passes. The width of the anchorage is 800 feet mile 148.8 above Head of Passes. The width of the anchorage is 500 feet
Caution: A wreck is located within the boundaries of this anchorage. The inner boundary of the anchorage is a line parallel to the nearest bank
Mariners are urged to use caution in this anchorage. 200 feet from the water's edge into the river as measured from the LWRP.
Note: Vessels carrying cargoes of particular hazard as defined in 33 CFR The outer boundary of the anchorage is a line parallel to the nearest bank
126.10 or cargoes of petroleum products in bulk may not be anchored in 700 feet from the water's edge into the river as measured from the LWRP.
the (28) Sunshine Anchorage. An area 2.0 miles in length along the left
New Orleans General Anchorage or the Quarantine Anchorage without descending bank of the river extending from mile 165.0 to mile 167.0
permission from the Captain of the Port above Head of Passes. The width of the anchorage is 450 feet The inner
Except when required by the United States Public Health Service for boundary of the anchorage is a line parallel to the nearest bank 350 feet
quarantine inspection, the Quarantine Anchorage may be used as a general from the water's edge into the river as measured from the LWRP. The
anchorage. outer boundary of the anchorage is a line parallel to the nearest bank 800
(19) Lower Kenner Bend Anchorage. An area 1.0 miles in length along feet from the water's edge into the river as measured from the LWRP.
the right descending bank of the river extending from mile 113.3 to mile (29) White Castle Anchorage. An area 0.7 miles in length along the
114.3 above Head of Passes. The width of the anchorage is 350 feet The right descending bank of the river extending from mile 190.4 to mile
inner boundary of the anchorage is a line parallel to the nearest bank 350 191.1 above Head of Passes. The width of the anchorage is 300 feet.
feet from the water's edge into the river as measured from the LWRP. The

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M.E.T. PUBLICATION 515 — 5TH EDITION
The inner boundary of the anchorage is a line parallel to the nearest the operation. The Captain of the Port shall be notified upon completion of
bank 400 feet from the water's edge into the river as measured from operations. Cargo transfer operations are not permitted in the
the LWRP. The outer boundary of the anchorage is a line parallel to New Orleans General or Quarantine Anchorages. Bunkering and similar
the nearest bank 700 feet from the water's edge into the river as operations related to ship's stores are exempt from reporting
measured from the LWRP. requirements.
(30) Baton Rouge General Anchorage. An area 1.5 miles in length along Note: Activities conducted within a designated anchorage (e.g. cargo
the right descending bank of the river, 1,400 feet wide, extending from transfer, tank cleaning, stack blowing, etc.) may be restricted by other
mile 225.8 to mile 227.3 above Head of Passes. Federal, State or local regulations. Owners, or persons in charge of any
Caution: Two wrecks are located within the boundaries of this vessel should consider all safety and/or environmental regulations prior to
anchorage. Mariners are urged to use caution in this anchorage. engaging in any activity within designated anchorages.
(31) Lower Baton Rouge Anchorage. An area 0.5 miles in length near (7) Nothing in this section relieves the owner or person in charge of any
mid-channel between mile 228.5 and mile 229.0 above Head of Passes with vessel from the penalties for obstructing or interfering with navigational
the west limit 1,100 feet off the right descending bank and having the aids or for failing to comply with the navigation laws for lights, day
width of 700 feet at both the upper and lower limits. shapes, or fog signals and any other applicable laws and regulations.
(32) Middle Baton Rouge Anchorage. An area 0.2 miles in length near [CGD 77-1128, 46 FR 43850, Oct. 8. 1981, as amended by CGD 77-028, 47 FR
mid-channel between mile 229.6 and mile 229.8 above Head of Passes with 12733, Mar. 25, 1982; CCGD 8-82-02, 47 FR 53367, Nov. 26, 1982; CCGD 8-82-
the west limit 1,100 feet off the right descending bank and having a width 13, 48 FR 11263, Mar. 17, 1983; CCGD 8-82-19, 48 FR 53697, NOV. 23, 1983, CGD
of 700 feet at both the upper and lower limits. 8-84-21, 50 FR 25710, June 21, 1985; CGD 8-83-10, 50 FR 26383, July 1, 1985;
(33) Upper Baton Rouge Anchorage. An area 0.4 miles in length CGD8-85-52, 50 FR 30263, July 25,1985, CGD8-87-06, 52 FR 37614, Oct. 8,1987;
near mid-channel between mile 230.6 and mile 231.0 above Head of CGD8-88-17, 53 FR 50404, Dec. 15, 1988; CGD08-33-021, 53 FR 13458, Mar. 22,
Passes with the west limit 1,100 feet off the right descending bank and 1994; 61 FR 16711, Apr. 17, 1996]
having a width of 1,075 feet at the upper limit and 1,200 feet at the
lower limit. 110.196 Sabine Pass Channel, Sabine Pass, Tex.
(b) Temporary Anchorages. Temporary anchorages are non-permanent (a) The anchorage area. The navigable waters of Sabine Pass within a
anchorages established by the Commander, Eighth Coast Guard District to trapezoidal area 1,500 feet wide and varying uniformly in length from
provide additional anchorage space. Establishment of temporary anchorages 5,800 feet to 3,000 feet with the long side adjacent to the northeasterly
is based on recommendations by the Captain of the Port. edge of Sabine Pass Channel at a location opposite the town of Sabine
(2) Each vessel using temporary anchorages shall anchor as prescribed Pass.
by the Captain of the Port. (b) The regulations.
(3) Establishment of each temporary anchorage and any requirement (1) The anchorage area is for the temporary use of vessels of all types,
for the temporary anchorage will be published in the Local Notice of but especially for naval and merchant vessels awaiting weather and tidal
Mariners. conditions favorable to the resumption of their voyages.
(4) Each person who has notice of any requirement prescribed for a (2) Except when stress of weather or adverse tides or currents make
temporary anchorage shall comply with that requirement sailing impractical or hazardous, vessels shall not anchor in the anchorage
(c) The Regulations. area for periods exceeding 48 hours unless expressly authorized by the
(1) Anchoring in the Mississippi River below Baton Rouge, LA., Captain of the Port to anchor for longer periods.
including South and Southwest Passes is prohibited outside of established (3) Vessels shall not anchor so as to obstruct the passage of other vessels
anchorages except in cases of emergency. In an emergency, if it becomes proceeding to or from available anchorage spaces.
necessary to anchor a vessel outside an established anchorage, the vessel (4) Anchors shall not be placed channelward from the anchorage area,
shall be anchored so that it does not interfere with or endanger any facility and no portion of the hull or rigging of any anchored vessel shall extend
or other vessel. The master or person in charge of the vessel shall notify channelward from the limits of the anchorage area.
the Captain of the Port of the location of the emergency anchoring by the (5) Vessels using spuds for anchors shall anchor as close to shore as
most expeditious means and shall move the vessel as soon as the emergency practicable having due regard for the provisions in paragraph (b)(3) of this
is over. section.
(2) In an emergency, if it becomes necessary to anchor a vessel in South (6) Fixed moorings, piles or stakes, and floats or buoys for marking
Pass or Southwest Pass, the vessel shall be positioned as close to the left anchorages or moorings in place are prohibited.
descending bank as possible. (7) Whenever the maritime or commercial interests of the United States
(3) No vessel may be anchored unless it maintains a bridge watch, so require, the Captain of the Port is hereby empowered to shift the
guards and answers Channel 16 FM (or the appropriate VTS New Orleans position of any vessel anchored or moored within or outside of the
sector frequency), maintains an accurate position plot and can take anchorage area including any vessel which is moored or anchored so as to
appropriate action to ensure the safety of the vessel, structure, and other obstruct navigation or interfere with range lights.
vessels.
(4) When anchoring individually, or in fleets, vessels shall be anchored
110.197 Galveston Harbor, Bolivar Roads Channel, Texas.
with sufficient anchors, or secured with sufficient lines, to ensure their (a)(1) Anchorage area (A). The water bounded by a line connecting the
remaining in place and withstanding the actions of winds, currents and the following points:
suction of passing vessels.
(5) No vessel may be anchored over revetted banks of the river or within
any cable or pipeline area. The locations of revetted areas and cable and Latitude Longitude
pipeline areas may be obtained from the District Engineer, Corps of
Engineers, New Orleans, LA. 29°20'48.5" N 94°42'54.0" W
(6) The intention to transfer any cargo while in an anchorage shall 29°20'43.0" N 94°44'46.5" W
be reported to the Captain of the Port, giving particulars as to name of 29°21'15.0" N 94°44'27.0" W
ships involved, quantity and type of cargo, and expected duration of 29°21'05.0" N 94°42'52.0" W

and thence to the point of beginning.

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M.E.T. PUBLICATION 515 — 5TH EDITION
(2) Anchorage area (B). The water bounded by a line connecting the feet South of the South face of the Southeast guidewall; thence Easterly
following points: 800 feet to a point that is 96 feet South of the south face of the southeast
guidewall; thence Northerly 80 feet to the point of beginning.
Latitude Longitude (5) Anchorage E, Chicago Harbor Lock North. Beginning at a point
156.75 feet North (16 feet North of the North face of the Northeast
29°20'43.0" N 94°44'46.5" W guidewall) and 590 feet West of the SE Guidewall Light; thence Westerly
29°20'37.0" N 94°46'08.0" W and parallel to the guidewall 600 feet to a point that is 16 feet North of the
29°21'14.0" N 94°45'50.0" W Norm face of the Northeast guidewall; thence Northerly 80 Feet to a point
29°21'15.0" N 94°44'27.0" W that is 96 feet North of the North face of the Northeast guidewall; thence
Easterly 600 feet to a point that is North of the North face of the Northeast
and thence to the point of beginning. guidewall; thence Southerly 80 feet to the point of beginning.
(b) The regulations. (b) The rules and regulations.
(1) The anchorage area is for the temporary use of vessels of all types, (1) Except in cases of emergency, no vessel may be anchored in Chicago
but especially for naval and merchant vessels awaiting weather and other Harbor outside of the anchorage grounds in paragraph (a) of this section or
conditions favorable to the resumption of their voyages. the special anchorage areas prescribed in §110.83.
(2) Except when stress of weather makes sailing impractical or (2) Anchors must not be placed outside the anchorage areas, nor shall
hazardous, vessels shall not anchor in anchorage area (A) exceeding 48 any vessel be so anchored that any portion of the hull or rigging shall at
hours unless expressly authorized by the Captain of the Port to anchor for any time extend outside the boundaries of the anchorage area.
such longer periods. (3) Any vessel anchoring under circumstances of great emergency
(3) No vessel with a draft of less than 22 feet may occupy anchorage (A) outside of the anchorage areas must be placed near the edge of the channel
without prior approval of the Captain of the Port and in such position as not to interfere with the free navigation of the
(4) Vessels shall not anchor so as to obstruct the passage of other vessels channel nor obstruct the approach to any pier nor impede the movement of
proceeding to or from available anchorage spaces. any boat, and shall move away immediately after the emergency ceases, or
(5) Anchors shall not be placed in the channel and no portion of the hull upon notification by the Captain of the Port.
or rigging of any anchored vessel shall extend outside the limits of the (4) The maneuvering of a vessel by means of a dragged anchor, except
anchorage area. within an established anchorage ground or in stress of weather or to avoid
(6) Vessels using spuds for anchors shall anchor as close to shore as collision, is prohibited. Unnecessary maneuvering in any of the anchorage
practicable, having due regard for the provisions in paragraph (b)(4) of this grounds is prohibited.
section. (5) The directions of the Captain of the Port assigning vessels to parts
(7) Fixed moorings, piles or stakes, and floats or buoys for marking of the anchorage grounds suitable to their draft, requiring vessels to anchor
anchorages or moorings in place, are prohibited. bow and stem, requiring shifting the anchorage of any vessel within any
(8) Whenever the maritime or commercial interests of the United States anchorage ground for the common convenience, or for otherwise enforcing
so require, the Captain of the Port, or his authorized representative, is this section, shall be promptly executed by owners, masters, and persons
hereby empowered to direct the movement of any vessel anchored or in charge of vessels.
moored within the anchorage area. (6) Nothing in this section shall be construed as relieving the owner or
[CCGD8-85-21, 55 FR 11363, Mar. 28, 1990] person in charge of any vessel from the penalties of the law for obstructing
navigation or for obstructing or interfering with range lights, or for not
110.205 Chicago Harbor, III. complying with the navigation laws in regard to lights, fog signals, or for
(a) The anchorage grounds— otherwise violating law.
(1) Anchorage A, exterior breakwater. Southwest of a line parallel with (7) No vessel may use anchorages A, B, D, and E except commercial
and 150 feet southwestward of the exterior breakwater, west of a line vessels operated for profit. No person may place floats or buoys for making
parallel with and 150 feet west of the south extension of the exterior moorings or anchors in place in anchorages A and B. No person may place
breakwater; northeast of a line parallel with and 1,500 feet southwestward fixed moorings piles or stakes in anchorages A and B. (Mooring facilities
of the exterior breakwater; and east of a line parallel with the south are available adjacent to the lakeside guidewalls of the Chicago Harbor
extension of the exterior breakwater and 500 feet eastward of the east face Lock in anchorages D and E.) All vessels using anchorages D and E shall
of the filtration plant moor against pile clusters adjacent to the respective anchorage.
(2) Anchorage B, south arm. West of a line parallel with and 150 feet Any time barges are moored in anchorage D or E, a manned towing
west of the south arm of the exterior breakwater; norm of a line vessel shall be present in one of these anchorages. Exceptions to this
perpendicular to the south arm at its south end; east of a line parallel with surveillance requirement are allowable for periods not to exceed one hour.
the south arm, about 2,200 feet therefrom and on line with the east face of (8) No commercial vessels operated for profit that measure 50 gross tons
the Municipal Pier; and south of a line perpendicular to the south arm 700 or more may anchor in anchorage C. Temporary floats or buoys for
feet from its north end. marking moorings or anchors in place may be used in anchorage C. No
(3) Anchorage C, shore arm. South of a line parallel with and 150 feet person may place a fixed mooring pile or stake in anchorage C.
southward of the shore arm of the exterior breakwater; west of a line [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGFR 70-65a, 36 FR
parallel with the south extension of the exterior breakwater, 100 feet 7967, Apr. 28, 1971; CGD9-85-01, 50 FR 29224, July 18, 1985]
westward of the east end of the shore arm; northwest of a line perpendicular
to the Lake Shore Drive revetment and 300 feet northwest of the northwest 110.206 Detroit River, Michigan.
comer of the filtration plant; and east of a line parallel with and 600 (a) The Anchorage grounds. Belle Isle Anchorage. The area is in the
feet lakeward of the Lake Shore Drive revetment Detroit River immediately downstream from Belle Isle on the U.S. side
(4) Anchorage D, Chicago Harbor Lock South. Beginning at a point 35.5 of the International Boundary lying within the following boundaries:
feet South (16 feet South of the South face of the Southeast guidewall) and beginning at a point bearing 250° T, 5400 feet from the James Scott
28.0 feet West of the SE Guide Wall Light; thence Westerly and parallel Memorial Fountain (42°20'06" N. 82°59'57" W.) at the West end of Belle
to the guidewall 800 feet to a point that is 16 feet South of the South face Isle; then 251°T, 3000 feet; thence 341°T, 800 feet; thence 071°T, 3000
of the Southeast guidewall; thence Southerly 80 feet to a point that is 96

PAGE 27 33 CFR PART 110


101
M.E.T. PUBLICATION 515 — 5TH EDITION
feet; thence 161°T, 800 feet to the point of beginning.
(b) The regulations. Latitude Longitude
(1) Vessels shall be anchored so as not to swing into the channel or
across steering courses. 32°43'25.6" N 117°12'46.1" W
(2) The Belle Isle Anchorage area is for the temporary use of vessels 32°43'25.3" N 117°12'52.0" W
of all types, but especially for naval and merchant vessels awaiting 32°43'08.2" N 117°12'58.0" W
berths, weather, or other conditions favorable to the resumptions of 32°42'57.9" N 117°12'54.0" W
their voyage.
and thence easterly along the northern boundary of the channel to:
(3) No vessel may be anchored unless it maintains a continuous bridge
watch, guards and answers channel 16 FM and channel 12 FM (VTC
SARNIA sector frequency), maintains an accurate position plot and can Latitude Longitude
take appropriate action to ensure the safety of the vessel, structures and
other vessels. and thence along the shoreline of Harbor Island to the point of beginning.
(4) Vessels may not anchor in the Belle Isle Anchorage for more than 72 (3) "B" Street Merchant Vessel Anchorage (NAD 83). The waters
hours without permission of the Captain of the Port of Detroit bounded by a line connecting the following points:
[CGD09 85-05, 51 FR 21357, June 12, 1986]
32°43'05.0" N 117°11'30.5" W
32°43'27.2" N 117°11'14.0" W

110.207 Cleveland Harbor, Ohio. Latitude Longitude


(a) The anchorage grounds—
32°43'00.8" N 117°10'36.3" W
(1) Vest anchorage. The northwesterly portion of the West Basin
between the northwest limits of the West Basin and a line parallel to and 32°43'00.8" N 117°11'23.0" W
1,050 feet distant from the West Breakwater; and from the southwest limits 32°43'05.0" N 117°11'30.5" W
of the West Basin to a line perpendicular to the West Breakwater, 2,050 32°43'27.2" N 117°11'14.0" W
feet southwesterly along the West Breakwater from Cleveland West 32°43'20.2" N 117°10'53.0" W
Breakwater Light
and thence due east to the shoreline, and thence along the shoreline and
(2) East anchorage. The southeasterly portion of the East Basin between
pier to the point of beginning.
the mainland and a line parallel to and 1,250 feet distant from the East
(b) The regulations.
Breakwater; from opposite Cleveland East Entrance Light to a due north
(1) The anchorages described in paragraphs (a)(1) and (a)(2) of this
line passing through the flashing white light on the Allied Oil Company
section are reserved exclusively for the anchorage of vessels of the United
dock.
Stales Government and of authorized harbor pilot boats. No other vessels
(3) Explosives anchorage. In Lake Erie, northwest of Cleveland Harbor
shall anchor in this area except by special permission obtained in advance
East Breakwater, and including a rectangular area marked by four white
from the Commander, Naval Base, San Diego, CA The administration of
spar buoys at the following true bearings and distances from Cleveland
these anchorages is exercised by the Commander, Naval Base, San Diego,
East
CA.
Pierhead Light 38°30';2,050 feet; 68°; 2,050 feet; 57°; 7,050 feet; and
(2) The area described in paragraph (a)(3) of this section is reserved for
49°; 7,050 feet
the use of merchant vessels calling at the Port of San Diego while awaiting
(b) The regulations.
a berth. The administration of this anchorage is exercised by the Port
(1) The west and east anchorages are general anchorages.
(2) Use of the explosives anchorage shall be subject to the supervision Director, San Diego Unified Port District
of the Captain of the Port. (3) Vessels anchoring in San Diego Harbor shall leave a free passage for
other craft and shall not obstruct the approaches to the wharves in the
harbor.
110.208 Buffalo Harbor, N.Y. [CCGD11-85-06, 51 FR 19753, June 2, 1986, as amended by CGD11-90-08, 56
(a) The anchorage grounds—
FR 9852, Mar. 8, 1991]
(1) Explosives Anchorage A. Inside the south section of the main
breakwater 700 feet wide starting at a point 500 feet southerly from the
south end of the north section and extending approximately 153° true, 110.212 Newport Bay Harbor, Calif.
3,000 feet parallel to the line of the south section of the main (a) The anchorage grounds—
(1) Temporary Anchorage C-1. Southeast of a line parallel to and
breakwater.
170 feet from the pierhead line at the east end of Lido Isle; north of a
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-210, 44 FR
line parallel to and 250 feet north of a line bearing 268° from Newport
50040, Aug. 27, 1979]
Bay Channel Light 11, this line being the north line of the main
fairway; northwest of a line 120 feet in length bearing 203° from the
110.210 San Diego Harbor, CA. point of the pierhead line off the west end of Harbor Island; and
(a) The anchorage grounds.
southwest of the pierhead line off the northeast shore of Lido Isle
(1) Special anchorage for U.S. Government vessels (NAD 83). The
extended.
waters bounded by a line connecting the following points:
(2) Temporary Anchorage C-2. A parallelogram-shaped area, 100 feet
wide and 400 feet long, lying 100 feet bayward from and parallel to the
Latitude Longitude existing pierhead line, and adjoining and on the north side of Anchorage
C-3 described in paragraph (a)(3) of this section.
32°42'13.2" N 117°14'11.0" W
(i) Vessels may anchor temporarily in Temporary Anchorages C-1 and
32°41'12.0" N 117°14'00.3" W
C-2 when necessary and space permits, but shall move promptly when the
and thence along the shoreline to the point of beginning. necessity passes or upon order of the harbor master.
(2) Special anchorage for U.S. Government vessels (NAD 83). The (ii) Vessels anchoring in Temporary Anchorages C-1 and C-2 shall
waters bounded by a line connecting the following points: comply with all applicable Pilot Rules, including that requiring anchor
lights at night

33 CFR PART 110 PAGE 28


102
M.E.T. PUBLICATION 515 — 5TH EDITION
(iii) Floats or buoys for marking anchors or mooring in place and fixed longitude 118°14'45.7" W.; thence southwesterly along the southern edge
mooring piles or stakes are prohibited. of the south containment dike to Fish Harbor Channel Light #3 at latitude
(3) Anchorage C-3. A parallelogram-shaped area, 100 feet wide and 500 33°43'48.8" N., longitude 118°15'52.7" W.; thence west southwesterly
feet long, lying 100 feet bayward from and parallel to the existing pierhead along the southern edge of Fish Harbor west jetty until it intersects
line, and adjoining and on the south side of Temporary Anchorage C-2 Reservation Point; thence along the eastern and southern shoreline of
described in paragraph (a)(2) of this section. Reservation Point to the beginning point
(i) This area is reserved for recreational and other small craft. (i) In this anchorage the requirements of commercial vessels shall
(ii) Fore and aft moorings will be allowed in this area conforming to predominate.
Orange County Harbor Ordinance No. 490 and other local harbor (ii) Bunkering operations are permitted in this anchorage.
regulations for recreational and small craft of such size and alignment as (iii) Lightering operations are prohibited in this anchorage.
permitted by the harbor master. (iv) Anchorage B may be used by any vessel granted an extended
(iii) All vessels using this area are required to maintain anchor lights anchorage permit in accordance with paragraph (b)(6) of this section.
from sunset to sunrise. (v) Each vessel in this anchorage shall be anchored in such a position as
(b) The regulations. not to interfere with the free navigation of the Fish Harbor Channel.
(1) Vessels may anchor temporarily in these areas when necessary and (3) Commercial Anchorage C (Los Angeles and Long Beach Harbors).
space permits, but shall move promptly when the necessity passes or upon An area enclosed by a line beginning at Lost Angeles Main Channel
order of the harbor master. Entrance Light 2, latitude 33°42'38.8" N., longitude 118°14'37.5" W;
(2) Vessels anchoring in these areas shall comply with all applicable thence northwesterly to the southernmost point of Commercial Anchorage
Riot Rules, including that requiring anchor lights at night B, latitude 33°43'13.8" N., longitude 118°15'51.4" W.; thence northeasterly
(3) Floats or buoys for marking anchors or moorings in place and fixed to latitude 33°44'12.1" N., longitude 118°12'32.3"W.; thence southeasterly
mooring piles or stakes are prohibited. to Long Beach Light, latitude 33°43'23.5" N., longitude 118°11 '09.4" W.;
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CCGD11-85-02, 51 thence westerly along the Middle Breakwater to the beginning point
FR 2883, JAN. 22, 1986] (i) In this anchorage the requirements of commercial vessels shall
predominate. In the eastern portion of this anchorage, within the area
110.214 Los Angeles and Long Beach Harbors, California. defined by the 18m (approximately 59 ft.) depth curve, the requirements
(a) The anchorage grounds— of vessels over 244m (approximately 800 ft.) in length overall or having
(1) Commercial Anchorage A (Los Angeles Harbor). An area enclosed a draft over 12m (approximately 39 ft.) shall predominate. Each lesser draft
by a line beginning at Los Angeles Light, latitude 33°42'30.8"N., longitude vessel shall anchor away from this deeper portion of the anchorage so as
1188°15'02.3"W.; thence northerly to latitude 33°42'50.2"N., longitude not to interfere with the anchoring of vessels having a draft over 12m
118°15'40.0"W.; thence along the southern edge of the Deep Channel (approximately 39 ft).
Fairway, which is described as follows: (ii) Bunkering and lightering operations are permitted in this anchorage.
(iii) In the eastern portion of this anchorage, within the area defined by
Latitude Longitude the 18m (approximately 59 ft.) depth curve, no vessel may anchor for
longer than 48 hours without permission from the Captain of the Port.
33°42'45.1" N. 118°16'03.9" W. (4) Commercial Anchorage D (Long Beach Harbor). The waters bounded
33°42'37.9" N. 118°16'08.9" W. by a line connecting the following points:
33°42'35.6" N. 118°16'18.9" W.
33°42'37.7" N. 118°16'23.3" W.
33°42'45.2" N. 118°16'25.7" W. Latitude Longitude
33°42'50.8" N. 118°16'35.4" W.
33°42'48.6" N. 118°16'38.4" W. 33°43'23.5"N 118°10'51.2"W
33°43'23.5"N 118°09'50.4"W
thence along the eastern boundary of General Anchorage N to the San 33°44'25.8"N 118°09'50.2"W
Pedro Breakwater at latitude 33°42'26.8" N., longitude 118°16'30.9" W.; 33°44'18.9"N 118°11'10.5"W
thence southeasterly and easterly along the San Pedro Breakwater to the 33°44'10.9"N 118°11'07.7"W
beginning point 33°43'58.3"N 118°11'07.7"W
(i) In this anchorage the requirements of commercial ships conducting 33°43'58.6"N 118°11'44.7"W
bunkering operations shall predominate.
(ii) Lightering operations are prohibited in this anchorage. and thence to the point of beginning.
(iii) No vessel may anchor in this anchorage for a period longer than 24
hours without permission from the Captain of the Port. Datum: NAD 83
(2) Commercial Anchorage B (Los Angeles and Long Beach Harbors).
An area enclosed by a line beginning at the southwestern comer of
Reservation Point at latitude 33°43'18.0" N., longitude 118°l6'00.2" W.; (i) In this anchorage the requirements of commercial ships over 244m
thence east southeasterly to latitude 33°43'13.8"N., longitude 118°15'51.4" (approximately 800 ft.) shall predominate.
W.; thence northeasterly to latitude 33°44'00.9" N., longitude 118°13'11.2" (ii) Bunkering and lightering operations are permitted in this anchorage.
W.; thence northwesterly to the southern edge of the eastern extension of Note: A portion of this anchorage is within the Explosives Anchorage
the Naval Base Mole at latitude 33°44'32.3" N., longitude 118°13'24.3" Area, when the explosive anchorage is activated by the Captain of the Port
W.; thence southwesterly along the Naval Base Mole to Naval Base Mole See§110.214(a)(17).
Light 2 at latitude 33°44'25.5" N., longitude 118°13'49.0" W.; thence (5) Commercial Anchorage E (Long Beach Harbor). An area enclosed
northwesterly along the Naval Base Mole to latitude 33°44'37.1" N, by a line beginning at the southeastern point of Pier J at latitude
longitude 118°14'34.0" W.; thence southeasterly to latitude 33°44'14.2" N., 33°44'18.6" N, longitude 118°11'06.7" W.; thence northerly to latitude
longitude 118°14'25.0" W.; thence southwesterly to the east end of 33°45'06.5" N., longitude 118°11'06.7" W.; thence easterly to the southern
breakwater extension of the south containment dike, latitude 33°44'07.8° N., lighted marker on Island White at latitude 33°45'06.3" N., longitude
118°09'31.0" W.; thence southeasterly to latitude 33°44'35.5" N., longitude
118°08'10.1" W.; thence southerly to latitude 33°44'19.0" N, longitude
PAGE 29 33 CFR PART 110
103
M.E.T. PUBLICATION 515 — 5TH EDITION
118°08'10.1" W.; thence westerly to the southwest lighted marker on Island line beginning at Long Beach Breakwater East End Light 1, latitude
Chaffee at latitude 33"44'20.0" N., longitude 118°08'20.0" W.; thence 33°43'23.5" N., longitude 118°08'10.1" W.; thence northerly to latitude
westerly to the southeast lighted marker on Island Freeman at latitude 33°44'19.0" N., longitude 118°08'10.1" W.; thence westerly to the
33°44'23.6" N., longitude 118°09'39.1" W.; thence along the south shore Southwest Lighted Marker on Island Chaffee at latitude 33°44'20.0" N.,
of Island Freeman to the southwest lighted marker at latitude 33°44'25.2" longitude 118°08'20.0" W.; thence westerly to the Southeast Lighted
N., longitude 118°09'46.0" W.; thence westerly to the beginning point Marker on Island Freeman at latitude 33°44'23.6" N., longitude
(i) In this anchorage the requirements of commercial ships shall 118°09'39.1" W.; thence along the southern shore to the Southwest Lighted
predominate. Marker on Island Freeman at latitude 33°44'25.2" N., longitude
(ii) Bunkering and lightering operations are prohibited in this anchorage. 118°09'46.0" W.; thence southerly to the Long Beach Breakwater at
Note: A portion of this Anchorage is within the Explosive Anchorage latitude 33°43'23.5" N., longitude 118°09'46.4" W.; thence easterly along
Area, when the explosive anchorage is activated by the Captain of the Port. the Long Beach Breakwater to the beginning point
See §110.214(a)(17). (i) In this anchorage the requirements of the U.S. Navy shall
(6) Commercial Anchorage F (Outside of Long Beach Breakwater). The predominate.
area southeast of the Long Beach Breakwater enclosed by a line beginning (ii) No recreational or commercial vessel may anchor in this anchorage
at latitude 33°43'05.1"N., longitude 118°07'56.2"W.; thence westerly to without first obtaining permission from the Captain of the Port When
latitude 33°43'05.1"N., longitude 118°10'33.5"W.; thence southeasterly to granting permission, preference will be given to the requirements of vessels
latitude 33°40'23.3"N., longitude 118°08'32.5"W.; thence easterly to over 244m (approximately 800 ft.) in length.
latitude 33°40'23.3"N., longitude 118°06'00.0"W.; thence to the beginning (iii) Bunkering operations are permitted in this anchorage.
point (iv) Lightering operations are prohibited in this anchorage.
(i) In this anchorage the requirements of commercial ships over 244m (v) This anchorage may be designated an explosive anchorage. See
(approximately 800 ft.) in length overall or having a draft over 12 meters §110.214(a)(17).
(approximately 39 ft.) shall predominate. (10) General Anchorage N (Los Angeles Harbor). An area enclosed by
(ii) Bunkering and lightering operations are prohibited in this anchorage. a line beginning at latitude 33°43'04.0"N., longitude 118°16'44.4"W.;
Note: A portion of this anchorage is within the Explosive Anchorage thence southerly to the San Pedro Breakwater at latitude 33°42'26.8"N.,
Area, when the explosive anchorage is activated by the Captain of the Port longitude 118°16'30.9"W.; thence along the San Pedro shoreline to the
See §110.214(a)(17). beginning point
(7) Commercial Anchorage G (Outside of the twiddle Breakwater). The (i) In this anchorage the requirements of recreational and other small
area south of the middle breakwater enclosed by a line beginning at latitude craft shall predominate.
33°43'05.3"N., longitude 118°11'15.3"W.; thence westerly to latitude (ii) Anchoring, mooring, and recreational boating activities conforming
33°43'05.3"N., longitude 118°12'15.7"W.; thence southwesterly parallel to to applicable City of Los Angeles ordinances and regulations adopted
the breakwater to latitude 33°42'25.9"N., longitude 118°14'16.0"W.; thence pursuant thereto are allowed in this anchorage.
southeasterly to latitude 33°41'40.5"N., longitude 118°13'02.0"W.; thence (11) General Anchorage O (Los Angeles Harbor). An area enclosed by
northeasterly to latitude 33°42'08.6"N., longitude 118°11'33.8"W.; thence a line beginning at the east end of the south containment dike breakwater
to the beginning point extension, latitude 33°44'07.8" N., longitude 118°14'45.7" W.; thence
(i) In this anchorage the requirements of commercial ships shall southwesterly to the intersection of the south and east containment dikes,
predominate. latitude 33°44'04.6" N., longitude 118°14'56.9" W.; thence northwesterly
(ii) Bunkering and lightering operations are prohibited in this anchorage. along the east containment dike to the Terminal Island shoreline, latitude
(iii) Vessels 30 meters or over in length, towing vessels of 8 meters or 33°44'37.9" N., longitude 118°15'10.9" W.; thence along the Terminal
over in length engaged in towing, every vessel of 100 gross tons and Island shoreline to latitude 33°44'37.1" N., longitude 118°14'34.0" W.;
upward carrying one or more passengers of hire while navigating, and each thence southeasterly to latitude 33°44'14.2" N., longitude 118°14'25.0" W.;
dredge and floating plant engaged in operations shall not enter anchorage thence southwesterly to the beginning point
G unless: (i) In this anchorage the requirements of recreational and other small
(A) In an emergency; craft shall predominate.
(B) Proceeding to anchor in or departing from Commercial Anchorage G; (11) Anchorage, mooring, and boating activities conforming to
(C) Standing by with confirmed pilot boarding arrangements; or, applicable
(D) Engaged in towing vessels to or from Commercial Anchorage G. City of Los Angeles ordinances and regulations adopted pursuant thereto
(8) Naval Anchorage J (Long Beach Harbor). An area enclosed by a line are allowed in this anchorage.
beginning at Naval Base Mole Light 5, latitude 33°44'40.0"N., longitude (12) General Anchorage P (Long Beach Harbor). An area enclosed by
118°12'59.8"W.; thence west southwest along the southerly edge of the a line beginning at Alamitos Bay West Jetty Light "1" at latitude
Naval Base Mole to latitude 33°44'32.3"N., longitude 118°13'24.3"W.; 33°44'14.2" N., longitude 118°07'16.2" W.; thence northwesterly to the
thence southeasterly along a line perpendicular to the Naval Base Mole northwest corner of Nonanchorage W at latitude 33°44'20.6" N., longitude
which is the eastern boundary of Commercial Anchorage B to the northern 118°07'28.5" W.; thence northwesterly to the southern lighted marker on
boundary of Commercial Anchorage C at latitude 33°44'00.9"N., longitude Island White at latitude 33°45'06.3" N., longitude 118°09'31.0" W.; thence
118°13'11.2"W.; thence northeasterly along the northern boundary of along the eastern shoreline of Island White to the northern lighted marker
Commercial Anchorage C until that line intersects the western edge of the at latitude 33°45'13.5" N., longitude 118°09'31.0" W.; thence northwesterly
Long Beach Channel at latitude 33°44'12.1"N., longitude 118°12'323"W.; to latitude 33°45'37.1" N., longitude 118°10'35.5" W.; thence northerly
thence northwesterly along the western edge of the Long Beach Channel to the shoreline at latitude 33°45'49.6" N., longitude 118°10'35.5" W.;
to the beginning point thence easterly and southerly along the Long Beach shoreline and the
(i) In this anchorage the requirements of the U.S. Navy shall predominate. Alamitos Bay west jetty to the beginning point
(ii) No recreational or commercial vessel may anchor in this anchorage (i) In this anchorage the requirements of recreational and other small
without first obtaining permission from the Captain of the Port craft shall predominate.
(iii) Bunkering and lightering operations are prohibited in this anchorage. (ii) Anchoring, mooring and recreational boating activities conforming
(9) Naval Anchorage K (Long Beach Harbor). An area enclosed by a to applicable City of Long Beach ordinances and regulations adopted
pursuant thereto are allowed in this anchorage.
(13) General Anchorage Q (Long Beach Harbor/Alamitos Bay/Anaheim
33 CFR PART 110 PAGE 30
104
M.E.T. PUBLICATION 515 — 5TH EDITION
Bay). Beginning at the northeastern comer of Commercial Anchorage E at spotlight
latitude 33°44'35.5" N., longitude I18°08'10.1" W.; thence southeasterly (iii) When a vessel displaying the signal required by §110.214(a)(17)(ii)
to the northwestern comer of Nonanchorage W at latitude 33°44'20.6" N., occupies the Explosives Anchorage, no other vessel may anchor within the
longitude 118°07'28.5" W., thence along the southern boundary of Explosives Anchorage.
Nonanchorage W (a semicircle with a 460m (approximately 1,509 ft.) Note: When the Explosives Anchorage is activated. Anchorage K and
radius that is centered mid-channel on a line between Alamitos Bay West portions of Anchorage D, E, F, and Q are encompassed by the Explosives
Jetty Light 1 and Alamitos Bay Jetty Light 2) to latitude 33°44'04.6"N., Anchorage.
longitude 118°06'58.2"W.; thence northwesterly to Alamitos Bay East Jetty (18) Nonanchorage X (Long Beach Harbor). Mouth of the Los Angeles
Light 2, latitude 33°44'11.3"N., longitude 118°07'09.8"W.; thence River (Queens-way Bay). The waters extending westward and northward to
northeasterly along the eastern edge of the Alamitos Bay East Jetty 460m the head of navigation from a line beginning at the southeastern point of
(approximately 1,509 ft.) to latitude 33°44'23.9"N., longitude Pier J at latitude 33°44'18.6" N., longitude 118°11'06.7" W.; thence
118°07'01.1 "W.; thence easterly to the southern most point of the east bank northerly to latitude 33°45'06.5" N., longitude 118°11'06.7" W.; thence
of the San Gabriel River at latitude 33°44'22.8"N., longitude easterly to the southern lighted marker on Island White at latitude
118°06'53.7"W.; thence along the southern shoreline of Seal Beach until 33°45'06.3" N., longitude 118°09'31.0" W.; thence along the eastern
the shoreline intersects the Anaheim Bay West Jetty; thence along the shoreline of Island White to the northern lighted marker at latitude
western edge of the Anaheim Bay West Jetty to the Anaheim Bay Light 5, 33°45'13.5"N., longitude 118°09'31.0 W.; thence northwesterly to latitude
latitude 33°43'39.1"N., longitude 118°06'03.3"W.; thence westerly to the 33°45'37.1" N., longitude 118°10'35.5" W.; thence northerly to the
southeast corner of Nonanchorage V at latitude 33°43'273"N., longitude shoreline at latitude 33°45'49.6" N., longitude 118°10'35.5" W.
118°07'36.8"W.; thence northwesterly to the northeast corner of (i) In Nonanchorage X the requirements of recreational and other small
Nonanchorage V at latitude 33°43'38.4"N., longitude 118°07'45.5"W.; craft shall predominate.
thence (ii) No vessel may anchor in this area.
westerly to the northwest corner of Nonanchorage V at latitude (iii) Mooring and recreational boating activities which conform to
33°43'38.4"N., longitude 118°08'10.1"W.; thence to the beginning point applicable City of Long Beach ordinances and regulations adopted pursuant
(i) Bunkering and lightering operations are prohibited in this anchorage. thereto are allowed in Nonanchorage X.
Note: A portion of this anchorage is within the Explosive Anchorage (b) General regulations.
Area, when the explosive anchorage is activated by the Captain of the Port (1) Within Los Angeles and Long Beach Harbors and the U.S. navigable
See §110.214.(a)(17). waters of the Los Angeles-Long Beach Precautionary Zone, anchoring is
(14) Nonanchorage U (Los Angeles Harbor). An area enclosed by a line prohibited outside of designated anchorages except:
beginning at latitude 33°44'00.0" N., longitude 118°15'12.2" W.; thence (i) In cases of emergency; or
southerly to latitude 33°43'48.7" N., longitude 118°15'06.4" W.; thence (ii) Unless specific permission is obtained from the Captain of the Port
easterly to latitude 33°43'49.7" N., longitude 118°15'03.9" W.; thence to anchor outside of a designated anchorage.
northerly to latitude 33°44'01.1" N., longitude 118°15'09.2" W.; thence (2) When, due to an emergency, a vessel is anchored outside of a
along the south containment dike to the beginning point designated anchorage the master or person in charge of the vessel shall:
(i) No vessel may anchor or moor in this anchorage. (i) Position the vessel so that it does not interfere with or endanger any
(ii) Dragging, seining, fishing operations, and other activities which facility or other vessel;
might foul underwater installations within this nonanchorage area are (ii) Notify the Captain of the Port of the location of and reason for
prohibited. emergency anchoring; and
Note: This nonanchorage is established for protection of a submerged (iii) Move the vessel as soon as the emergency is over.
outfall of sewer pipeline. (3) Upon anchoring within and departure from an anchorage the master
(15) Nonanchorage V (Long Beach Harbor). An area enclosed by a line or person in charge of a vessel shall notify the Captain of the Port by the
beginning at Long Beach Breakwater East End Light 1, latitude most expeditious means.
33°43'23.5" N., longitude 118°08'10.1" W.; thence northerly to latitude Note: The Captain of the Port guards VHF-FM Channel 16 (156.8
33°43'38.4" N., longitude 118°08'10.1" W.; thence easterly to latitude MHZ).
33°43'38.4" N., longitude 118°07'45.5" W.; thence southeasterly to latitude (4) The master or person in charge of each anchored vessel unable to get
33°43'27.3" N., longitude 118°07'36.8" W.; thence to the beginning point underway within 4 hours shall:
(i) No vessel may anchor or moor in this nonanchorage. (i) Notify the Captain of the Port by the most expeditious means; and
(ii) Dragging, seining, fishing operations, and other activities which (ii) Ensure a second anchor is backed out and ready for use.
might foul underwater installations within this nonanchorage are prohibited. (5) The Captain of the Port may require a vessel in an anchorage to have
Note: This nonanchorage is established for protection of a submerged a watchman on board at all times.
pipeline. (6) Except as otherwise prescribed in this section, no vessel may occupy
(16) Nonanchorage W (Mouth of Entrance Channel to Alamitos Bay). an anchorage inside of the San Pedro-Long Beach Breakwater for more
Nonanchorage Area W is a semicircle with a 460m (approximately 1,509 than 10 consecutive days unless an extended anchorage permit is granted
ft.) radius that is centered at midchannel on a line between Alamitos Bay by the Captain of the Port. In determining whether an extended anchorage
West Jetty Light 1 and Alamitos Bay East Jetty Light 2 and which extends permit will be granted, consideration will be given, but not limited, to the
seaward from that line. current and anticipated demand for anchorage space within the harbor, the
(i) No vessel may anchor or moor in this nonanchorage. length of time requested and the reason for the request
(17) Explosives Anchorage (Long Beach Harbor). A circular area with Note: Commercial Anchorages A and C have additional time restrictions.
its center at latitude 33°43'37.0"N., longitude 118°09'02.5"W., and a radius See §110.214(a)(1)(iii) and §110.214(a)(3)(iii).
of 1,745m (approximately 5,725 ft). (7) The Captain of the Port may permit vessels to anchor in channels.
(i) No vessel containing more than 680 metric tons (approximately 749 Permission is not necessary for vessels engaged on works of river and
tons) of explosives may anchor in this anchorage. harbor improvement under the supervision of the District Engineer, Corps
(ii) Each anchored vessel loading, unloading, or laden with explosives, of Engineers, if the District Engineer has notified the Captain of the Port
must display a red flag of at least 1-2 square meters (approximately 16 in advance of all such proposed work.
square feet) in size by day, and at night the flag must be illuminated by
PAGE 31 33 CFR PART 110
105
M.E.T. PUBLICATION 515 — 5TH EDITION
(8) No vessel may be anchored so that it will swing within 60m
(approximately 197 ft.) of any permanent improvements except in an
Latitude Longitude
emergency.
(9) No anchor may be placed outside the anchorages, nor may any vessel
be so anchored that any portion of its hull or rigging extends outside the (2) West Side:
boundaries of the anchorages. 33°44'06.0" N 118°05'56.5" W
(10) No vessel may be anchored in any anchorage in such a manner as 33°44'01.0" N 118°06'01.0" W
to interfere with the use of an authorized mooring buoy. 33°43'40.5" N 118°06'03.0"W
(11) The master or person in charge of each vessel to be lightered shall 33°43'39.5" N 118°06'02.0" W
notify the Captain of the Port by the most expeditious means when the 33°44'05.0" N 118°05'40.0" W
lightering vessel arrives alongside and again when the lightering vessel
departs. (b) The regulations.
Note: The Captain of the Port guards VHF-FM Channel 16 (156.8 (1) This area is reserved for use of naval vessels carrying or transferring
MHZ). ammunition or explosives under standard military restrictions as established
(12) No vessel, while carrying, loading, or unloading Division 1.1, by the Safety Manual, Armed Service Explosives Board.
1.2, 1.3, or 1.4 (explosive) materials as defined in 49 CFR 173.50 or (2) No pleasure or commercial craft shall navigate or anchor within this
cargoes of particular hazard as listed by §126.10 of this chapter, may area at any time without first obtaining permission from the Commanding
be anchored in an anchorage without permission from the Captain of Officer, Naval Weapons Station, Seal Beach, California. This officer will
the Port. extend full cooperation relating to public use of the area and will fully
Note: In granting permission, the Captain of the Port considers the consider every reasonable request for the passage of small craft in light of
current and future activities in the harbors and the safety problems relating requirements for national security and safety of persons and property.
to the anchorage. The Captain of the Port will advise the Port of Long (3) Nothing in this section shall be construed as relieving the owner or
Beach Authorities and the Port of Los Angeles Authorities of anchorage operator of any vessel from the regulations contained in §204.195 of Title
assignments under the following conditions: 33, covering navigation in Anaheim Bay Harbor.
(i) Cargoes of Particular Hazard as defined in Sec. 126.10 of this (4) The regulations in this section shall be administered by the
chapter, any amount Commanding Officer U.S. Naval Weapons Station, Seal Beach, California
(ii) Division 1.1 or 1.2 (explosive) materials (as defined in 49 CFR and by such agencies as he may designate, and enforced by the Captain of
173.50), any amount the Port, Los Angeles-Long Beach, California.
(iii) Division 1.3 (explosive) materials (as defined in 49 CFR 173.50), [CGD11-87-07, 53 FR 878, Jan. 14, 1988]
in excess of 1 net ton at any one time.
(iv) Division 1.4 (explosive) materials (as defined in 49 CFR 173.50), 110.216 Pacific Ocean at Santa Catalina Island, Calif.
in excess of 10 net tons at any one time. (a) The anchorage grounds—
(13) No vessel being dismantled, or undergoing major alterations (1) Descanso Bay. Shoreward of a line connecting the promontories
may anchor in an anchorage without permission of the Captain of the known as White Rock and Casino Point
Port. (2) Isthmus Cove. All the waters bounded by a line connecting the
(14) The Captain of the Port may, upon request, authorize a deviation following coordinates, beginning at 33°-27'-12" N, 118°-30'-05" W (the
from any rule in this section if that officer determines the proposed promontory known as Lion Head); thence southeast to 33°-26'-55.5" N,
operations can be done safely. 118°-28'-44" W; thence west-southwest to 33°-26'50" N, 118°-29'-08" W;
(15) Nothing in this section may be construed as relieving any vessel thence southwest to 33°-26'-39" N, 118°-29'.19" W; thence along the
from the penalties of law for obstructing navigation or for not complying shoreline returning to the point of origin, excluding the following-described
with the navigation laws or any other laws or regulations. non-anchorage area: an area 300 feet wide (170 feet west and 130 feet east
[CGD 77-227, 45 FR 30432, May 8, 1980, as amended by CGD 11-80-08, 47 FR of the centerline of the Catalina Island Steamship Line pier), extending
19519, May 6, 1982; CGD 11-82-01, 47 FR 56354, Dec. 16, 1982; CGD 82-046, 48 1600 feet from the foot of the pier, and an area 150 feet seaward of the
FR 1958, Jan. 17, 1983; CCGD 11-85-02, 51 FR 2883, Jan 22, 1986; CCGD 11- shoreline extending approximately 1500 feet east and 1500 feet northwest
83-14, 55 FR 154, Jan. 3, 1990; CCGD11-33-007, 59 FR 5952, Feb. 9, 1994; CGD of the centerline of said pier.
32-050, 59 FR 39965, Aug. 5, 1994]
Datum: NAD 83
(b) The regulations.
110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons (1) The Descanso Bay anchorage is reserved for yachts and other small
Station, Seal Beach, California; Naval Explosives Anchorage. craft. Floats or buoys for marking anchors or moorings in place will be
(a) The anchorage ground. The waters of Anaheim Bay Harbor between allowed in this area. Fixed mooring piles or stakes are prohibited.
the east side of the Entrance Channel and the East Jetty, and the west side (2) The Isthmus Cove anchorage shall be available for anchorage of all
of the Entrance Channel and the West Jetty as outlined in the following types of craft. Temporary floats or buoys for marking anchors or moorings
two sections: in place will be allowed in this area. Fixed mooring piles or stakes are
prohibited.
Latitude Longitude (3) The non-anchorage area described in paragraph (a)(2) of this section
shall be used only by commercial vessels. Commercial vessels of 15 feet
(1) East Side: draft or over may anchor in this area seaward of the Catalina Island
33°44'03.0" N 118°05'35.0" W Steamship Line pier during hours between sunrise and sunset The use of
33°43'53.0" N 118°05'15.0" W this area for anchorage is forbidden to all other craft at all times. Fixed
33°43'49.0" N 118°05'18.0" W mooring piles or stakes and floats or buoys for marking anchors or
33°43'36.5" N 118°05'56.0" W moorings in place are prohibited.
33°43'37.0" N 118°05'57.0" W (4) The instructions of the Captain of the Port requiring vessels to anchor
33°44'03.0" N 118°05'35.0" W bow and stem, or with two bow anchors, or requiring shifting the
PAGE 32
106
33 CFR PART 110
M.E.T. PUBLICATION 515 — 5TH EDITION
anchorage of any vessel within the anchorage grounds for the common Water Ship Channel between Suisun Bay and the east end of the West
safety or convenience, or for otherwise enforcing the regulations in this Sacramento Turning Basin, and connecting waters, anchoring is prohibited
section, shall be promptly complied with by owners, masters, and persons outside of designated anchorages except when required for safety or with
in charge of vessels. the written permission of the Captain of the Port Each vessel anchoring
(5) Nothing in this section shall be construed as relieving the owner or outside an established anchorage area shall immediately notify the Captain
person in charge of any vessels or plant from the penalties of law for of the Port of her position and reason for anchoring.
obstructing navigation or for obstructing or interfering with range lights, or (2) No vessel may permanently moor in areas adjacent to the San
for not complying with the navigation laws in regard to lights, fog signals, Joaquin River Deep Water Channel except with the written permission of
or for otherwise violating law. the Captain of the Port.
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD11-95-001, 60 (3) Each vessel anchoring for safety reasons in the San Joaquin River
FR 29759, June 6, 1995] Deep Water Channel, the Sacramento River Deep Water Ship Channel, or
the Stockton or West Sacramento Turning Basins shall be positioned as
110.218 Pacific Ocean at San Clemente Island, Calif.; in vicinity of near to the edge of the channel or turning basin as possible so as not to
Wilson Cove. interfere with navigation, or obstruct the approach to any pier, wharf slip,
(a) The anchorage grounds. Shoreward on a line beginning at a point on or boat harbor and shall move as soon as the reason for anchoring no
the beach bearing 153° true, 1,400 yards, from Wilson Cove Light; thence longer exists or when notified to move by the Captain of the Port.
62° true, 0.67 nautical mile, thence 332° true, 1.63 nautical miles; thence (4) No vessel may anchor within a tunnel, cable, or pipeline area shown
241°31' true to the shore line. on a Government chart
(b) The regulations. (5) No vessel may moor, anchor, or tie up to any pier, wharf, or other
(1) This area is reserved exclusively for anchorage of United States vessel in such a manner as to extend into an adjacent channel or fairway.
Government vessels or vessels temporarily operating under Government (6) No vessel in such a condition that it is likely to sink or otherwise
direction, and no vessel, except in an emergency, shall anchor in the area become a menace or obstruction to navigation or anchorage of other vessels
without first obtaining permission from the Commandant, Eleventh Naval may occupy an anchorage, except when unforeseen circumstances create
District, or the Senior Naval Officer present who shall in turn notify the conditions of imminent peril to personnel and men only for such period as
Commandant promptly. may be authorized by the Captain of the Port.
(2) No vessel shall anchor in such a manner as to unreasonably obstruct (7) Each vessel carrying explosives shall only anchor in an explosives
the approach to the wharf. anchorage except as authorized by paragraph (a)(1) or (a)(17) of this
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CCGD11-85-02, 51 section.
FR 2883, Jan 22, 1986] (8) No vessel other than a vessel under Federal supervision may go
alongside or in any manner moor to any Government-owned vessel,
110.220 Pacific Ocean at San Nicolas bland. Calif.; restricted mooring buoy, or pontoon boom, their anchor cables, or any of their
anchorage areas. appendages. No vessel other than a vessel under Federal supervision may
(a) The restricted areas— obstruct or interfere in any manner with the mooring, unmooring, or
(1) East area. All waters within a circle having a radius of one nautical servicing of vessels owned by the United States.
mile centered at latitude 33°13'45", longitude 119°25'50" (the former (9) The Captain of the Port may require any vessel in a designated
position of San Nicolas Island East End Light), which point bears anchorage area to moor with two or more anchors.
approximately 101°, 420 yards, from San Nicolas Island East End Light (10) Each vessel that will not have sufficient personnel on board to
(2) West area. Shoreward of a line bearing 276° true from San Nicolas weigh anchor at any time shall anchor with two anchors with mooring
Island south side light a distance of six nautical miles; thence to a point swivel, unless otherwise authorized by the Captain of the Port.
bearing 270° true, two nautical miles, from the westernmost point of the (11) Deep-draft vessels shall take precedence over vessels of lighter draft
island; thence 60° to a point due north of the northernmost point of the in the deeper portions of all anchorages. Light-draft barges and vessels
island; thence 180° true to the shore. shall anchor away from the deeper portions of the anchorage so as not to
(b) The regulations. Except in an emergency, no vessel shall anchor in interfere with the anchoring of deep-draft vessels. Should circumstances
these restricted areas without authority of the Commandant, Eleventh warrant, the Captain of the Port may require lighter draft vessels to move
Naval to provide safe anchorage, particularly in Anchorages 7 and 9, for deepdraft
District Cargo vessels destined for San Nicolas Island may anchor in the vessels.
east area for unloading or loading. (12) Barges towed in tandem to any anchorage shall nest together when
anchoring.
110.222 Pacific Ocean at Santa Barbara bland. Calif. (13) Each vessel that is notified by the Captain of the Port or his
(a) The anchorage grounds. Shoreward of a line beginning at the Santa authorized representative to shift her position shall promptly shift her
Barbara Island Light on the northeast end of the island and bearing 23° true position.
a distance of 1.515 nautical miles seaward from the beach; thence 140°30' (14) No person may use these anchorages for any purpose other than the
true, 2.54 nautical miles; thence 212°30' true, 2.30 nautical miles; thence purpose stated in these anchorage regulations.
296°30' true, 0.96 nautical mile; and thence 325° true to the beach. (15) Where these regulations require that a vessel notify the Captain of
(b) The regulations. The anchorage shall be available for anchorage of the Port, the operator of the vessel shall transmit such report to the San
all types of craft- Temporary floats or buoys for marking anchors in place Francisco Vessel Traffic Service.
will be permitted in this area, Note: Vessel Traffic Service guards VHF-FM Channel 13 (156.65 MHz)
and Channel 14 (156.70 MHz).
(16) Nothing in this section may be construed as relieving any vessel or
110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Susan
the owner or person in charge of any vessel from the penalties of law for
Bay, Sacramento River, San Joaquin River, and connecting waters,
obstructing or interfering with range lights or for not complying with the
CA.
laws relating to lights, day signals, and fog signals and other navigation
(a) General regulations.
(1) Within the navigable waters of San Francisco Bay, San Pablo Bay, laws and regulations.
Carquinez Strait, Suisun Bay, New York Slough, San Joaquin River Deep
Water Channel, the Stockton Turning Basin, the Sacramento River Deep
PAGE 33 33 CFR PART 110
107
M.E.T. PUBLICATION 515 — 5TH EDITION
(17) The District Engineer, Corps of Engineers, may issue written grounds, identifies the purpose of each anchorage, and contains specific
permission for anchoring a single barge carrying explosives in quantities regulations applicable to certain anchorages.
considered by the District Engineer as safe and necessary in the vicinity of (2) The geographic boundaries of each anchorage are contained in
work being done directly under the District Engineer supervision or under paragraph (e) of this section.
a Department of the Army permit When issuing such a permit, the District
Engineer shall prescribe the conditions under which the explosives must be Table 110.224(d)(1)
stored and handled and shall furnish a copy of the permit and a copy of the
rules and regulations for storing and handling to the Captain of the Port Anchorage General location Purpose Specific regulations
(b) Naval anchorages. In addition to the general regulations in paragraph No.
(a) of this section, the following regulations apply to each naval anchorage
described in this section. 4 San Francisco Bay General Notes a,b.
(1) Naval anchorages are intended for public vessels of the United States, 5 ......do ......do Do.
but may be used by other vessels when not required for use by public 6 ......do ......do Note a.
vessels. 7 ......do ......do Notes a,b,c,d,c.
(2) Other vessels using a naval anchorage shall promptly notify the 8 ......do ......do Notes a,b,c.
Captain of the Port upon anchoring and upon departure and shall be 9 ......do ......do Notes a,b.
prepared to move within one hour upon notice should the anchorage be 10 ......do Naval Note a.
required for public vessels. 12 ......do Explosives Notes a,f.
(c) Explosive anchorages. In addition to the general regulations in 13 ......do ......do Notes a,e,g.
paragraph (a) of this section, the following regulations apply to each 14 ......do ......do Notes a,f,h.
explosives anchorage described in this section. 18 San Pablo Bay General
(1) Explosives anchorages and, where established, surrounding forbidden 19 ......do ......do Note b.
anchorage zones, are temporarily activated as needed by the Captain of the 20 ......do ......do
Port. When not activated, explosives anchorages and surrounding forbidden 21 ......do Naval
anchorage zones become part of the general anchorage which encompasses 22 Carquinez Strait General
them or, if not located within the boundaries of a general anchorage, 23 Benicia General Notes c,d,e,l.
become available for general navigation. 24 Carquinez Strait General Note j.
(2) Notice of activation and deactivation of explosives anchorages will 26 Suisun Bay ......do Note k.
be disseminated by Coast Guard Broadcast Notice to Mariners. 27 ......do ......do
(3) Each vessel which anchors in an explosives anchorage or surrounding 28 San Joaquin River ......do
forbidden anchorage zone while such anchorage is not activated shall be 30 ......do Explosives
prepared to move within one hour if the anchorage is activated.
(4) Unless otherwise authorized by the Captain of the Port:
(i) No vessel may anchor in an activated explosives anchorage except Notes: a. When sustained winds are in excess of 25 knots each vessel
greater than 300 gross tons using this anchorage shall maintain a continuous
vessels loaded with, loading, or unloading explosives.
radio watch on VHF channel 13 (156.65 MHz) and VHF channel 14
(ii) No vessel may enter or remain in an activated explosives anchorage (156.70 MHz). This radio watch must be maintained by a person who
except (A) vessels loaded with, loading or unloading explosives, (B) fluently speaks the English language.
lighters or barges delivering cargo to or from such vessels, or (C) a tug b. Each vessel using this anchorage may not project into adjacent
authorized by paragraph (c)(7)(iii) of this section. channels or fairways.
(iii) No vessel carrying explosives or on which explosives are to be c. This anchorage is primarily for use by vessels requiring a temporary
loaded may enter or remain in an activated explosives anchorage without anchorage
written permission from the Captain of the Port. Such a permit must be waiting to proceed to pier facilities or other anchorage grounds. This
obtained before entering the anchorage and may be revoked at any time. anchorage may not be used by vessels for the purpose of loading any
(iv) No vessel may anchor in the forbidden anchorage zone surrounding dangerous cargoes or combustible liquids unless authorized by the Captain
an activated explosives anchorage. of the Port.
(5) Each vessel loaded with, loading, or unloading explosives, while d. Each vessel using this anchorage may not remain for more than 12
within an explosives anchorage, shall display by day at her masthead, or hours unless authorized by the Captain of the Port.
at least 10 feet above the upper deck if the vessel has no mast, a red flag e. Each vessel using this anchorage shall be prepared to move within 1
hour upon notification by the Captain of the Port.
at least 16 square feet in area.
f. The maximum total quantity of explosives that may be on board a
(6) Each passing vessel shall reduce speed as necessary so as to insure vessel using this anchorage shall be limited to 3,000 tons.
that its wake does not interfere with cargo transfer operations aboard any g. The maximum total quantity of explosives that may be on board a
vessel displaying a red flag in an explosives anchorage. vessel using this anchorage shall be limited to 50 tons except that, with the
(7) The Captain of the Port may: written permission of the Captain of the Port, each vessel in transit, loaded
(i) Issue permission to any vessel carrying flammable solids, oxidizing with explosives in excess of 50 tons, may anchor temporarily in this
materials, corrosive liquids, flammable liquids, compressed gases, or anchorage provided that the batches to the holds containing explosives are
poisonous substances to occupy a berth in an activated explosives not opened.
anchorage. Such a permit must be obtained before entering the anchorage h. Each vessel using this anchorage will be assigned a berth by the
and may be revoked at any time. Captain of the Port on the basis of the maximum quantity of explosives
(ii) Require any person having business on board a vessel which is that will be on board the vessel.
loaded with, loading, or unloading explosives to have a document that is i. [Reserved]
acceptable to the Coast Guard for identification purposes and to show that j. Each vessel using this anchorage shall promptly notify the Captain of
document to the Captain of the Port. the Port, upon anchoring and upon departure.
(iii) Require a non-self-propelled vessel, or a self-propelled vessel that k. See §162.270 of this title establishing restricted areas in the vicinity of
is unable to maneuver under its own power, that occupies an activated the Maritime Administration Reserve Fleet.
explosives anchorage to be attended by a tug. I. Vessels using this anchorage must exceed 15 feet draft, have engines on
(d) Anchorage grounds. (1) Table 110.224(d)(1) lists anchorage standby, and have a pilot on board.

33 CFR PART 110


PAGE 34
108
M.E.T. PUBLICATION 515 — 5TH EDITION
(e) Boundaries. (5) Anchorage No. 8. In San Francisco Bay bounded by the west shore
(1) Anchorage No. 4. Bounded by the west shore of San Francisco Bay of the Naval Air Station, Alameda, and the following lines: Beginning at
and the following lines: Beginning on the shore southwest of Point San Oakland Inner Harbor Light 2 at latitude 37°47'52" N., longitude
Quentin at latitude 37°56'28" N., longitude 122°28'54" W.; thence 122°19'54" W.; thence west-northwesterly to latitude 37°48'03" N.,
eastsoutheasterly to latitude 37°55'55" N., longitude 122°26'49" W., thence longitude 122°20'57.5" W.; thence south-southwesterly to latitude
southwesterly to latitude 37°54'13" N., longitude 122°27'24" W., thence 37°47'56" N., longitude 122°21'22.5" W.; thence southwesterly to latitude
southeasterly to the shore of Tiburon Peninsula at Point Chauncey at 37°47'26" N., longitude 122°21'41" W.; thence south-southeasterly to
latitude 37°53'40.S" N., longitude 122°26'55" W. When Explosives latitude 37°47'00" N., longitude 122°21'30" W.; thence southeasterly to
Anchorage No. 13 is activated by the Captain of the Port, it and the Alameda Naval Air Station Channel Entrance Lighted Bell Buoy 1 at
forbidden anchorage zone surrounding it are excluded from Anchorage No. latitude 37°46'38" N., longitude 122°20'24" W.; thence easterly to latitude
4. 37°46'37" N., longitude 122°19'56" W.; thence northerly to the shore of
(2) Anchorage No. 5, Southampton Shoal. In San Francisco Bay at the Naval Air Station, Alameda, at latitude 37°46'57" N., longitude
Southampton Shoal bounded by a line connecting the following 122°19'52.5" W.
coordinates: (6) Anchorage No. 9. In San Francisco Bay bounded on the north by the
shore, the breakwater and turning basin at the Alameda Naval Air Station
Latitude Longitude and a line beginning at the Alameda Naval Air Station Channel Light 6 at
latitude 37°46'23" N., longitude 122°19'02" W.; thence westerly to the
37°55'48" N. 122°25'52" W; to Alameda Naval Air Station Channel Entrance Lighted Buoy 2 at latitude
37°55'50" N. 122°26'32" W; to 37°46'27"N., longitude 122°20'24.5" W.; thence west-southwesterly to the
37°54'49" N. 122°26'39" W; to San Francisco Bay South Channel Lighted Buoy 1 at latitude 37°46'08" N.,
37°54'03" N. l22°26'06" W; to longitude 122°21'45" W.; thence south-southeasterly to San Bruno Shoal
37°53'25" N. 122°25'30" W; to Channel Light 1 at latitude 37°41'44" N., longitude 122°20'17.5" W.;
37°53'23" N. 122°25'09" W; to thence south-southeasterly to San Bruno Shoal Channel Light 5 at latitude
37°55'19" N. 122°25'33" W; to 37°38'37" N., longitude 122°18'43" W.; thence southeasterly to latitude
37°55'42" N. 122°25'45" W; thence back to 37°36'05" N., longitude 122°14'13.5" W.; thence east-northeasterly to the
37°55'48" N. 122°25'52" W. shore at latitude 37°37'38.5" N., longitude 122°09'02" W., and bounded
on the east by the shore; including all of San Leandro Bay excluding the
(3) Anchorage No. 6. Bounded by the east shore of San Francisco Bay pipeline areas therein. When Explosives Anchorage No. 12 or No. 14 is
and the following lines: Beginning at the shore of the southernmost activated by the Captain of the Port, that anchorage and the forbidden
extremity of Point Isabel at latitude 37°53'46" N., longitude 122°19'19" anchorage zone surrounding it are excluded from Anchorage No. 9.
W.; thence westerly along the north shore of Brooks Island to the jetty (7) Anchorage No. 10. In San Francisco Bay bounded by the east shore
extending westerly therefrom; thence westerly along the jetty to its bayward of Sausalito and the following lines: Beginning on the shore of Sausalito
end at latitude 37°54'13" N., longitude 122°23'27" W.; thence at latitude 37°51'20" N., longitude l22°28'38" W.; thence southeasterly to
southsoutheasterly to latitude 37°49'53" N.; longitude 122°21'39" W.; latitude 37°50'57.5" N., longitude 122°27'57" W.; thence southwesterly to
thence southeasterly to latitude 37°49'32.5" N., longitude 122°21'20.5" W.; the shore of Sausalito at latitude 37°50'36" N., longitude 122°28'34" W.
thence easterly to latitude 37°49'34" N., longitude 122°20'13" W.; thence (8) Anchorage No. 12. to San Francisco Bay east of the city of San
eastsoutheasterly to latitude 37°49'30" N., longitude 122°19'45.5" W.; Francisco a circular area having a radius of 500 yards centered at latitude
thence eastnortheasterly to the shore at Emeryville at latitude 37°50'04" N., 37°44'32.5" N., longitude 122°20'27.5" W. A 667-yard-wide forbidden
longitude 122°17'41" W.; excluding from this area, however, the channel anchorage zone surrounds this anchorage.
to Berkeley Marina delineated by lines joining the following points: (9) Anchorage No. 13. to San Francisco Bay east of the Tiburon
Peninsula a circular area having a radius of 333 yards centered at latitude
Latitude Longitude 37°55'26" N., longitude 122°27'27" W. A 667-yard-wide forbidden
anchorage zone surrounds this anchorage except where such zone would
37°52'08" N., 122°19'07" W. extend beyond the limits of Anchorage No. 4.
37°52'03" N., 122°19'17.5"W. Note: See §110.224(e)(2) for a description of Anchorage No. 4.
37°'52'00" N., 122°19'15.5"W. (10) Anchorage No. 14. to Sail Francisco Bay east of Hunters Point an
37°51'01" N., 122°22'07" W. area 1,000 yards wide and 2,760 yards long, the end boundaries of which
37°50'43" N., 122°22'00" W. are semicircles, with radii of 500 yards and center, respectively at latitude
37°50'53" N., 122°21'32" W. 37°42'52" N., longitude 122°19'32.5" W., and latitude 37°42'14" N.,
37°51'47" N., 122°18'59" W. longitude 122°18'47" W.; and the side boundaries of which are parallel
tangents joining the semicircles. A 667-yard-wide forbidden anchorage
zone
(4) Anchorage No. 7, Treasure Island. In San Francisco Bay at Treasure surrounds this anchorage.
Island bounded a line connecting the following coordinates: (11) Anchorage No. 18. In San Pablo Bay bounded by the west shore
of San Pablo Bay and the following lines: Beginning at the shore at
Latitude Longitude Point San Pedro at latitude 37°59'16" N., longitude 122°26'47" W.;
thence easterly to latitude 37°59'16" N., longitude 122°26'26" W.;
37°49'36" N., 122°22'40" W; to thence northerly to latitude 38°03'46" N., longitude 122°25'52.5" W.;
37°50'00" N., 122°22'57" W; to thence northwesterly to the shore south of the entrance to Novato
37°50'00" N., 122°23'44" W; to Creek at latitude 38°05'13.5" N., longitude 122°29'04" W.; excluding
37°49'22.5" N., 122°23'44" W; to from this area, however, the channel to Hamilton Field and the
37°48'40.5" N., 122°22'38" W; to
extension of this channel easterly to the boundary of the anchorage,
37°49'00.0" N., 122°22'16" W; thence along the shore to
and the pipeline area therein.
37°49'36" N., 122°22'40"1 W.

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M.E.T. PUBLICATION 515 — 5TH EDITION
(12) Anchorage No. 19. In San Pablo Bay bounded by the northeast longitude 122°02'42" W.; thence along the south shore of Roe Island to
shore of San Pablo Bay and the following lines: Beginning at the shore of latitude 38°04'05" N., longitude 122°01'35" W.; thence east-southeasterly
Tubbs Island at latitude 38°07'39" N., longitude 122°25'18" W.; thence to latitude 38°03'42.5" N., longitude 121°58'54" W.; thence easterly to the
southerly to latitude 38°00'36" N., longitude 122°25'20" W.; thence shore of Chipps Island at latitude 38°03'42.5" N., longitude 121°55'05" W.
northeasterly to latitude 38°03'13" N., longitude 122°19'46" W.; thence (20) Anchorage No. 28. The area bounded on the east by the shore of
east-northeasterly to latitude 38°03'37" N., longitude 122°17'13" W.; Lower Sherman Island and the following lines: Beginning at Point
thence northerly to the long dike extending southwesterly from Mare Island Sacramento on Lower Sherman Island at latitude 38°03'45" N., longitude
at latitude 38°03'52.5" N., longitude 122°17'10" W.; thence along the long 121°50'17.5" W.; thence southwesterly to latitude 38°03'37.5" N.,
dike to the shore at Mare Island. longitude 121°50'31" W.; thence south-southeasterly to latitude 38°02'11"
(13) Anchorage No. 20. In San Pablo Bay bounded by the southeast N.; longitude 121°49'58" W.; thence to the shore of Lower Sherman Island
shore of San Pablo Bay and the following lines: Beginning at the northeast at latitude 38°02'23" N., longitude 121°49'49" W.
comer of Parr Terminal No. 4 at Point San Pablo at latitude 37°57'59" N., (21) Anchorage No. 30. The portion of the Old San Joaquin River
longitude 122°25'35" W.; thence northeasterly to latitude 38°01'27.5" N., Channel bounded on the west by the shore of Mandeville Point and the
longitude 122°21'33" W.; thence east-northeasterly to the Union Oil Co. following lines: Beginning on the shore of Mandeville Point at latitude
pier at Oleum at latitude 38°03'18" N., longitude 122°15'37" W.; and 38°04'01" N., longitude 121°32'05" W.; thence northeasterly to latitude
thence along this pier to the shore. 38°04'07.5" N., longitude 121°31'58" W.; thence southeasterly to latitude
(14) Anchorage No. 21. In San Pablo Bay south of Mare Island a 38°03'47" N., longitude 121°31'42.5" W.; thence westerly to the shore of
rectangular area beginning at latitude 38°03'56" N., longitude 122°15'56" Mandeville Point at latitude 38°03'47.5" N., longitude 121°31'56" W.
W.; thence easterly to latitude 38°04'02" N., longitude 122°15'20" W.; [CGD12 84-07, 51 FR 12315, Apr. 10, 1986; 51 FR 15322, Apr. 23, 1986; as
thence southerly to latitude 38°03'48" N., longitude 122°15'16" W.; thence amended CGD12 86-13, 52 FR 11646, Apr. 10, 1987; CGD 11-88-03, 53 FR
westerly to latitude 38°03'42" N., longitude 122°15'52" W.; thence 17028, May 13, 1988; CGD11-91-07, 53 FR 20618, June 6, 1988; CGD11-88-04,
northerly to the point of beginning. 53 FR 37557, Sept. 27, 1988; CGD11-91-07, 57 FR 11578, Apr. 6, 1992; CGD11-
(15) Anchorage No. 22, Carquinez Strait. In Carquinez Strait an area 94-005, 59 FR 64580, Dec. 15, 1994; 61 FR 33660, June 28, 1996]
bounded by a line connecting the following coordinates:
110.228 Columbia River, Oregon and Washington.
Latitude Longitude (a) The anchorage grounds.—
(1) Astoria North Anchorage. An area enclosed by a line beginning norm
38°02'36.8" N. 122°09'59" W; to of Astoria, Oregon, at latitude 46°11'47" N, longitude 123°49'39" W;
38°02'06.6" N. 122°09'46.7" W; to thence continuing northerly to latitude 46°12'05" N, longitude 123°49'35"
38°01'53.8" N. 122°09'00" W; to W; thence northeasterly to latitude 46°13'16" N, longitude 123°46'23" W;
38°02'33.9" N. 122°09'00" W; thence back to thence southerly to latitude 46°13'01" N, longitude 123°46'12" W; thence
38°02'36.8" N. 122°09'59" W. southwesterly to latitude 46°11'52" N, longitude 123°49'13" W; thence
westerly to the point of beginning.
(2) Astoria South Anchorage. An area enclosed by a line beginning norm
(16) Anchorage No. 23, Benicia. In Carquinez Strait an area bounded by
of Astoria, Oregon, at latitude 46°11'38" N, longitude 123°48'59" W;
a line connecting the following coordinates:
thence continuing northerly to latitude 46°11'47" N, longitude 123°49'08"
W; thence northeasterly to latitude 46°13'03" N, longitude 123°45'50" W;
Latitude Longitude
thence northeasterly to latitude 46°13'07" N, longitude 123°45'37" W;
thence southerly to latitude 46°12'56" N, longitude 123°45'30" W; thence
38°02'33.9" N. 122°09'00" W; to
southwesterly to latitude 46°12'24" N, longitude 123°46'33" W; thence
38°01'53.8" N. 122°09'00" W; to
southwesterly to latitude 46°12'07" N, longitude 123°47'24" W; thence
38°01'57.4" N. 122°08'19.3" W; to
southwesterly to the point of beginning.
38°02'33" N. 122°08'18.6" W; thence back to
38°02'33.9" N. 122°09'00" W. (3) Longview Anchorage. An area enclosed by a line beginning southeast
of Longview, Washington, at latitude 46°07'15" N, longitude 122°59'08"
W; thence continuing northeasterly to latitude 46°07'23" N, longitude
(17) Anchorage No. 24. Bounded by the north shore of Carquinez Strait 122°58'56" W; thence southeasterly to latitude 46°06'58" N, longitude
and the following lines: Beginning on the shore at Dillion Point at latitude 122°58'20" W; thence southeasterly to latitude 46°06'42" N, longitude
38°03'44" N., longitude 122°11'29" W.; thence southeasterly to latitude l22°57'56" W; thence southerly to latitude 46°06'33" N, longitude
38°03'34" N., longitude 122°11'10" W.; thence south-southeasterly to 122°58'04" W; thence westerly to latitude 46°06'35" N, longitude
latitude 38°03'17"N., longitude 122°11'04"W.; thence southeasterly to the 122°58'10" W; thence northwesterly to latitude 46°06'42" N, longitude
shore of Benicia at latitude 38°02'37.5" N., longitude 122°09'55" W. 122°58'23" W; thence northwesterly to the point of beginning.
(18) Anchorage No. 26. On the west side of Suisun Bay, adjacent to and (4) Kolama Anchorage. An area enclosed by a line beginning northeast
northeast of the city of Benicia within the following boundaries: Beginning of Sandy Island at latitude 46°00'59" N, longitude 122°51'31" W; thence
on the shore northeast of Army Point at latitude 38°02'54" N., longitude continuing southeasterly to latitude 46°00'55" N, longitude 122°51'27" W;
122°07'37" W.; thence south-southeasterly along the Southern Pacific thence southeasterly to latitude 46°00'36" N, longitude 122°51'11" W;
bridge to latitude 38°02'38" N., longitude 122°07'24" W.; thence easterly thence southerly to latitude 45°59'42" N, longitude 122°50'48" W; thence
to latitude 38°02'42" N., longitude 122°07'07.5" W.; thence northeasterly westerly to latitude 45°59'39" N, longitude 122°50'59" W; thence northerly
to latitude 38°05'42" N., longitude 122°04'06" W.; thence northwesterly to latitude 46°00'35" N, longitude 122°51'26" W; thence northwesterly to
to the shore at latitude 38°05'58" N., longitude 122°04'28" W.; thence latitude 46°00'52" N, longitude 122°51'41" W; thence northeasterly to the
along the shore to the point of beginning. point of beginning.
(19) Anchorage No. 27. In the northeast portion of Suisun Bay bounded (5) Woodland Anchorage. An area enclosed by a line beginning east of
by the norm shore and the following lines: Beginning on the shore of Columbia City, Oregon, at latitude 45°53'56" N, longitude 122°48'13" W;
Grizzly Island at latitude 38°08' 13" N., longitude 122°02'42.5" W.; thence thence continuing easterly to latitude 45°53'58" N, longitude 122°47'58"
southerly to tripod at Preston Point on Roe Island at latitude 38°04' 16" N.,

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M.E.T. PUBLICATION 515 — 5TH EDITION
W; thence southerly to latitude 45°53'29" N, longitude 122°47'41" W; (8) ODFW will normally notify the Captain of the Port four days in
thence westerly to latitude 45°53'21" N, longitude 122°47'59" W; thence advance of any commercial drift fishing season. Once notified, the Captain
northerly to latitude 45°53'42" N, longitude 122°48'09" W; thence of the Port will inform the Portland Steamship Operators Association
northerly to the point of beginning. (PSOA) via the Merchant's Exchange and will notify the Columbia River
(6) Henrici Bar Anchorage. An area enclosed by a line beginning near and Bar Pilots.
the mouth of Bachelor Slough at latitude 45°47'25" N, longitude [CGD13 85-07, 52 FR 46761, Dec. 10, 1987]
122°46'45" W; thence continuing southeasterly to latitude 45°46'46" N,
longitude 122°46'10" W; thence southeasterly to latitude 45°46'26" N, 110.229 Straits of Juan de Fuca, Wash.
longitude 122°45'56" W; thence southerly to latitude 45°46'04" N, (a) Anchorage grounds—
longitude 122°45'46" W; thence southerly to latitude 45°45'42" N, (1) Nonanchorage area (Port Angeles Harbor). Beginning at a point on
longitude 122°45'41" W; thence southerly to latitude 45°45'38" N, the shore at latitude 48°07'04.5" N., longitude 123°24'15.6" W.; thence to
longitude 122°45'41" W; thence westerly to latitude 45°45'38" N, latitude 48°07'39.1" N., longitude 123°24'00" W.; thence to latitude
longitude 122°45'48" W; thence northerly to latitude 45°46'17" N, 48°07'36.7" N., longitude 123°23'46" W.; thence to a point on the
longitude 122°46'06" W; thence northwesterly to latitude 45°47'21" N, shoreline at latitude 48°06'57.4" N., longitude 123°24'04" W.
longitude 122°46'55" W; thence northeasterly to the point of beginning. (b) The regulations.
(7) Willow Bar Anchorage. An area enclosed by a line beginning (1) No vessel may anchor in this nonanchorage area at any time.
northeast of Reeder Point at latitude 45°43'41"N, longitude 122°45'36" W; (2) Dragging, seining, fishing, or other activities which may foul
thence continuing easterly to latitude 45°43'40" N, longitude 122°45'26" underwater installations within this nonanchorage area are prohibited.
W; thence southerly to latitude 45°41'28" N, longitude 122°46'12" W; (3) Vessels may transit his nonanchorage area, but must proceed by the
thence westerly to latitude 45°41'30" N, longitude 122°46'22" W; thence most direct route and without unnecessary delay.
northerly to the point of beginning. (4) The city of Port Angeles will mark this area with signs on the
(8) Kelley Point Anchorage. An area enclosed by a line beginning east shoreline visible (during normal daylight) 1 mile to seaward reading, "Do
of Kelley Point at latitude 45°39'07" N, longitude 122°45'36" W; thence not Anchor in This Area."
continuing northeasterly to latitude 45°39'11" N, longitude 122°45'32" W; [CGD 72-233, 39 FR 41849, Dec. 3, 1974]
thence southerly to latitude 45°39'03" N, longitude 122°45'17" W; thence
westerly to latitude 45°38'58" N, longitude 122°45'22" W; thence northerly 110.230 Puget Sound Area, Wash.
to the point of beginning. (a) The anchorage grounds—
(9) Hoyden Island Anchorage. An area enclosed by a line beginning (1) Freshwater Bay emergency explosives anchorage, Strait of Juan de
south of Mathews Point at latitude 45°38'44" N, longitude 122°44'35" W; Fuca. All of Freshwater Bay and adjacent waters shoreward of a line
thence continuing easterly to latitude 45°38'27" N, longitude 122°43'21" beginning at Observatory Point, latitude 48°'09'03", longitude l23°38'12",
W; thence southeasterly to latitude 45°38'12" N, longitude 122°43'03" W; thence due north approximately 1,150 yards to latitude 48°09'36",
thence westerly to latitude 45°38'19" N, longitude 122°43'40" W; thence longitude 123°38'12"; thence 90°, approximately 6,450 yards, to latitude
northwesterly to latitude 45°38'42" N, longitude 122°44'36" W; thence 48°09'36", longitude 123°33'27"; thence 180° to the shoreline.
northeasterly to the point of beginning. (1) This area does not constitute an explosives anchorage for loading or
(b) The regulations. discharging explosives, but is established exclusively for use by explosives
(1) All designated anchorages are intended for the primary use of laden vessels enroute to the ammunition dumping area which encounter
deepdraft vessels over 200 feet in length. adverse weather and sea conditions and are forced to await more favorable
(2) If a vessel under 200 feet in length is anchored in a designated conditions before proceeding to sea.
anchorage, the master or person in charge of the vessel shall: (l-a) Bellingham Bay General Anchorage. The waters of Bellingham Bay
(i) Ensure that the vessel is anchored so as to minimize conflict with within a circular area with a radius of 2,000 yards, having its center at
large, deep-draft vessels utilizing or seeking to utilize the anchorage; and latitude 48°44'15", longitude l22°32'25'.
(ii) Move the vessel out of the area if requested by the master of a large, (1-b) Bellingham Bay Explosives Anchorage. The waters of Bellingham
deep-draft vessel seeking to enter or depart the area or if directed by the Bay within a circular area with a radius of 1,000 yards, having its center
Captain of the Port. at latitude 48°42'48", longitude 122°33'37".
(3) No vessel may occupy a designated anchorage for more than 30 (2) Port Towisend Explosives Anchorages—
consecutive days without a permit from the Captain of the Port. (i) Fair weather anchorage area. A. circular area having a radius of 300
(4) No vessel being layed-up or dismantled or undergoing major yards, whose center is at latitude 48°06'26", longitude 122°43'46".
alterations or repairs may occupy a designated anchorage without a permit (ii) Foul weather anchorage area. A circular area having a radius of 300
from the Captain of the Port. yards, whose center is at latitude 48°04'05", longitude 122°44'52".
(5) No vessel carrying a Cargo of Particular Hazard listed in §126.10 of (3) Holmes Harbor General Anchorage. All of Holmes Harbor lying
this chapter may occupy a designated anchorage without permission from southerly of a line ranging 310° through Hackney Island, between the
the Captain of the Port. shores of Whidbey Island.
(6) No vessel in a condition such that it is likely to sink or otherwise (4) Port Gardner General Anchorage, Possession Sound. Beginning at
become a hazard to the operation of other vessels shall occupy a designated a point bearing 211°, 560 yards, from Snohomish River Light 5; thence
anchorage except in an emergency and then only for such periods as may 180°, 675 yards; thence 216°, 250 yards; thence 254°, 800 yards; thence
be authorized by the Captain of the Port. 302°, 1,700 yards; thence 49°, 1,280 yards; thence approximately 115°,
(7) Except as allowed for emergencies, no vessel may occupy either the 1,525 yards, to the point of beginning.
Henrici Bar or Willow Bar Anchorages during the commercial drift fishing (5) [Reserved]
seasons established by the Oregon Department of Fish and Wildlife (6) Thomdike Bay Emergency Explosives Anchorage, Hood Canal.
(ODFW). Vessels occupying either of these anchorages at the time a drift Beginning at a point bearing 267°, 3,500 yards, from Hood Canal Light 7;
fishing season is announced must depart prior to commencement of the thence 180°, 1,000 yards to a point approximately 251°, 3,725 yards, from
season. In no case, however, shall a vessel have less than 48 hours to effect Hood Canal Light 7; thence 270°, 1350 yards to a point approximately
the move. 256°, 5,000 yards, from Hood Canal Light 7; thence due north 1,000 yards,

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M.E.T. PUBLICATION 515 — 5TH EDITION
to a point approximately 268°, 4,900 yards, from Hood Canal Light 7; (5) Every vessel at anchor in an explosives anchorage shall display by
thence approximately 90°, 1350 yards, to the point of beginning. day a red flag at least 16 square feet in area at its mast head or at least 10
(7) Smith Cove General Anchorage (west), Elliott Bay. Shoreward of a feet above the upper deck if the vessel has no mast, and by night a red
line beginning at Fourmile Rock Light; thence to a point bearing 207°, light in the same position specified for the flag. These signals shall be in
1,100 yards, from Fourmile Rock Light; thence southeasterly to a point addition to day signals and lights required to be shown by all vessels when
bearing 6°30', 2,075 yards, from Duwamish Head Light 2; thence due at anchor.
north to the shore of Smith Cove. (6) Every vessel constructed of wood shall, unless there are steel
(8) Smith Cove General Anchorage (east) Elliott Bay. Shoreward of a bulwarks or metallic cases or cargo on board, be fitted with radar reflector
line beginning at latitude 47° 37'36.3" N., Longitude 122° 22'38" W.; screens of metal of sufficient size to permit target indication on the radar
thence due south 1350 yards to latitude 47°36'56.6" N., Longitude screen of commercial type radars.
122°22'38" W.; thence due east to the shore at latitude 47°36'56.6" N., (7) Fishing and navigation by pleasure and commercial craft are
Longitude 122°21'18.8" W. prohibited within the area at all times when vessels which are anchored in
(9) Elliott Bay General Anchorage (east). Shoreward of a line beginning the area for the purpose of loading or unloading explosives display a red
at the northeast comer of Harbor Island at latitude 47°35'26.2" N., flag by day and a red light by night, unless special permission is granted
longitude 122°20'41" W.; thence due north 1,025 yards to latitude by the Captain of the Port
47°35'56.5" N., longitude 122°20'41" W.; thence due west on said line to its (8) No explosives handling in any explosive anchorage will be
intersection with the east line of the West Waterway at latitude 47°35'56.5" undertaken by any vessel unless personnel from the Captain of the Port are
N., longitude 120°21'25.5" W.; thence due south to the northwest on board to supervise the handling of explosives.
comer of Harbor Island at latitude 47°35'17.3" N., longitude 122°21'25.5" (9) No vessel shall remain at anchor in any explosive anchorage unless
W. there is on board such vessel a competent watchman or a tug in attendance.
(10) Elliott Bay General Anchorage (west). Shoreward of a line [CGFR 67-46, 32 FR 17728, Dec. 12, 1967]
beginning at latitude 47°35'06.7" N., longitude 122°21'36.8" W.; thence Editorial Note: For Federal Register citations affecting §110.230, see the
due north to latitude 47°35'46" N., longitude 122°21'36.8" W.; thence on List of CFR Sections Affected in the Finding Aids section of this volume.
a bearing 335° T for 400 yards to latitude 47°35'56.5" N., longitude
122°21'44" W.; thence due west to Duwamish Head Light; thence due south 110.232 Southeast Alaska.
to (a) The anchorage grounds—
the shoreline. (1) Hassler Harbor—explosives anchorage. The waters of Hassler
(11) Orchard Point General Anchorage, Puget Sound. Beginning at Harbor
Orchard Point Light; thence 106°, two miles; thence 180° to the northern within a circular area with a radius of 1,500 yards, having its center at
shore of Blake Island; thence west and south along the shoreline to the latitude 55°12'52" N., longitude 131°25'52" W.
southern end of Blake Island at approximate longitude 122°29'16"; thence (b) The regulations.
250° to the dock at Harper; thence westerly and northerly along the (1) Except in an emergency, only a vessel that is transporting, loading
shoreline to the point of beginning. or discharging explosives may anchor, moor, or remain within the Hassler
(12) [Reserved] Harbor explosives anchorage.
(13) Commencement Bay General Anchorage. A quadrilateral area (2) A master or person in charge of a vessel shall obtain a written permit
bounded as follows: Beginning at latitude 47°17'37" N., longitude from the Captain of the Port, Southeast, Alaska, to anchor, moor, or remain
122°26'00" W.; thence due south to latitude 47°17'19" N., longitude within the explosives anchorage. The vessel shall anchor in the position
122°26'00" W.; thence due east to a point bearing 286°T from Hylebos specified by the permit
Waterway Light 1 at a distance of 450 yards; thence due north to latitude (3) The net weight of the explosives laden aboard all vessels anchored,
47°17'33" N., longitude 122°25'00" W.; thence west northwest to the point moored, or remaining within the anchorage shall not exceed 800,000
of beginning. pounds.
(14) Cherry Point General Anchorage. The waters within a circular area (4) The Captain of the Port, Southeast, Alaska, may require a nonself
with a radius of 0.8 nautical mile, having its center at latitude 48°48'30" propelled vessel to be attended by a tug while moored, anchored, or
N., longitude 122°46'00" W. remaining within the explosives anchorage.
(b) The regulations. (5) A wooden vessel must
(1) No vessel shall anchor in any general anchorage described in (i) Be fitted with a radar reflector screen of metal of sufficient size to
paragraph (a) of this section without prior permission from the Captain of permit target indication on the radar screen of commercial type radar, or
the Port, or his authorized representative. No vessel shall occupy any (ii) Have steel bulwarks; or
general anchorage for a period longer than 30 days unless a permit is (iii) Have metallic cases or cargo aboard.
obtained from the Captain of the Port for that purpose. No vessel in a (6) Each vessel moored, anchored, or remaining within the explosives
condition such that it is likely to sink or otherwise become a menace or anchorage and carrying, loading, or discharging explosives from sunrise to
obstruction to the navigation or anchorage of other vessels shall occupy a sunset shall display:
general anchorage except in an emergency and then only for such period (i) A red flag from the mast; or
as may be permitted by the Captain of the Port. A berth in a general (ii) A sign posted on each side of the vessel reading "Explosive—Keep
anchorage, if available, may be assigned to any vessel by the Captain of the Clear—No Smoking or Open Flame" in letters that are 3 inches or larger
Port upon application and he may grant revocable permits for the and have sufficient contrast with the background to be seen from a distance
continuous use of the same berth. of 200 feet
(2) Explosive anchorages are reserved for vessels carrying explosives. (7) Each vessel moored, anchored, or remaining within the anchorage
All vessels carrying explosives shall be within these areas when anchored. during the night shall display:
(3) Whenever any vessel not fitted with mechanical power, anchors in (i) Anchor lights; and
an explosive anchorage, the Captain of the Port may require the attendance (ii) A 32 point red light located from the mast or highest part of the
of a tug upon such vessel, when, in his judgment, such action is necessary. vessel to be visible all around the horizon for a distance of 2 miles.
(4) Vessels carrying explosives shall comply with the general regulations [CGFR 71-86A, 36 FR 20603, Oct. 27, 1971, as amended by CGD 77-020, 42 FR
in paragraph (b)(1) of this section, when applicable. 30618, June 16, 1977]

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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]

PAGE 39 33 CFR PART 110


113
M.E.T. PUBLICATION 515 — 5TH EDITION
(7) The regulations of this section are enforced by the Captain of the
Port or his duly authorized representative. Latitude Longitude
[CGD 73-59R, 38 FR 16777, June 26, 1973; 61 FR 33660, June 28, 1996]
13°26'43.7"N 144°39'53.3"E
13°26'53.6"N 144°40'03.8"E
110.237 Pacific Ocean at Waimea, Hawaii, Naval Anchorage.
13°26'51.0"N 144°40'06.0"E
(a) The Anchorage grounds. All the waters within a circle having a
13°26'41.0"N 144°39'56.0"E
radius of 300 yards centered at latitude 21°57'02"N., longitude 159°41'33"
W. (Datum: OHD) and thence along the shoreline to the point of beginning.
(b) The regulation. Except in an emergency, no vessel except a Naval
vessel may anchor or moor in this anchorage without permission of the (b) The regulations—
Captain of the Port, Honolulu, Hawaii. (1) General Anchorage. Any vessel may anchor in the General
[CGD 74-187, 41 FR 54176, Dec. 13, 1976; 61 FR 33660, June 28, 1996] Anchorage except vessels carrying more than 25 tons of high explosives.
(2) Explosives Anchorage 701. Vessels carrying more than 25 tons of
110.238 Apra Harbor, Guam. high explosives must use Anchorage 701, unless otherwise directed by the
(a) The anchorage grounds (Datum: WOS 84). Captain of the Port
(1) General Anchorage. The waters bounded by a line connecting the (3) Naval Explosives Anchorage 702. Except Naval vessels using the
following points: anchorage as directed by local Naval authorities, no vessel may anchor so
that any part of the hull or rigging, or the anchor tackle may extend into
Latitude Longitude Anchorage 702 at any time.
(4) Naval Anchorages A and B.
13°27'32.0"N 144°39'36.8"E (i) Except as provided in paragraph (b)(3)(ii) of this section, non-naval
13°27'21.0"N 144°39'22.8°E vessels may not anchor within these anchorages or use the mooring buoys
13°27'12.5"N 144°37'25.4"E therein without permission of the local Naval authorities obtained through
the Captain of the Port. (There is a user charge for the use of these
and thence along the shoreline to mooring buoys.)
(ii) Small craft that are continuously manned and capable of getting
Latitude Longitude underway may anchor within these anchorages during daylight hours
without prior approval of the Captain of the Port.
13°27'45.5"N 144°39'34.8"E (5) General regulations.
(i) Vessels may use the Naval mooring buoys in the General Anchorage
and thence to the point of beginning. without charge for a period up to 72 hours if authorized by the Captain of
(2) Explosives Anchorage 701. The water in Naval Anchorage A the Port. Vessels so moored shall promptly move at their own expense
bounded by the arc of a circle with a radius of 350 yards and located at upon notification from the Captain of the Port.
(ii) Except for vessels not more than 65 feet in length, all vessels shall
anchor in an anchorage ground.
Latitude Longitude
(iii) Vessels anchored in an anchorage ground shall place their anchors
13°26'54.0'N 144°37'53.5"E within the anchorage ground so that no portion of the hull or rigging at any
time extends outside the anchorage ground.
(iv) No vessel may anchor in the harbor for more than 30 consecutive
(3) Naval Explosives Anchorage 702. The waters in the General days without permission of the Captain of the Port.
Anchorage bounded by the arc of a circle with a radius of 350 yards and [CDG14-87-02, 52 FR 25864, July 9, 1987, as amended by CGD14-89-01, 55 FR
with the center located at: 27465, July 3, 1990]

Latitude Longitude 110.239 Island of Tinian, CNMI


(a) The anchorage grounds (based on 1944 Saipan Datum):
13°27'29.9"N 144°38'13.0"E (1) Explosives Anchorage A. A. circular area intersecting the shoreline
having a radius of 1,900 yards centered at latitude 14°58'57.0" N,
longitude 145°35'40.8" E.
(4) Naval Anchorage A. The waters bounded by a line connecting the (2) Explosives Anchorage B. A. circular area intersecting the shoreline
following points: having a radius of 1,900 yards centered at latitude 14°58'15.9" N,
longitude 145°35'54.8" E.
Latitude Longitude (b) The regulations: Explosives Anchorages A and B; with the exception
of explosives laden naval vessels at explosives anchorage A and B, no
13°26'47.3"N 144°37'42.6"E vessel may anchor within these areas without permission of the Captain of
13°27'02.0"N 144°7'42.6"E the Port. No vessel of more than 500 gross tons displacement may enter
13°27'10.6"N 144°39'00.8"E
these areas except for the purpose of anchoring in accordance with this
13°26'59.6"N 144°39'00.8"E
section.
13°26'59.6"N 144°39'08.6"E
[CGD 14-87-01, 52 FR 26146, July 13, 1987]
13°26'54.3"N 144°39'08.6"E
13°26'54.3"N 144°39'24.2"E
13°26'42.2"N 144°39'24.2"E 110.240 San Juan Harbor, P.R.
13°26'40.4"N 144°38'01.8"E (a) The anchorage grounds—
(1) Temporary Anchorage E (general). Beginning at a point which bears
and thence to the point of beginning. 262° T, 878 yards from Isla Grande Aero Beacon; thence along a line
75°47', 498 yards; thence along a line 134°49', 440 yards; thence along a
(5) Naval Anchorage B. The waters bounded by a line connecting the
following points:

PAGE 40
33 CFR PART 110
114
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.

PAGE 41 33 CFR PART 110


115
M.E.T. PUBLICATION 515 — 5TH EDITION

TITLE 33 117.123 Arkansas and White Rivers—Automated Railroad Bridges.


CODE OF FEDERAL REGULATIONS 117.125 Black River.
117.127 Current River.
PART 117 - DRAWBRIDGE OPERATION
117.129 Little Red River.
REGULATIONS 117.131 Little River.
117.133 Ouachita River.
117.135 Red River.
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part."
117.137 St. Francis River.
However, we reprinted only those subparts and sections of concern to foreign
117.139 White River.
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
California
this information for a small service charge]
117.140 General
117.141 American River.
TABLE OF CONTENTS 117.143 Bishop Cut
117.145 Burns Cutoff.
Subpart A—General Requirements 117.147 Cerritos Channel
117.1 Purpose. 117.149 China Basin, Mission Creek
117.3 Applicability. 117.150 Connection Slough
117.4 Definitions. 117.151 Cordelia Slough (a tributary of Suisun Bay).
117.5 When the draw shall open 117.153 Corte Madera Creek.
117.7 General duties of drawbridge owners and tenders. 117.155 Eureka Slough
117.9 Delaying opening of a draw 117.157 Georgiana Slough.
117.11 Unnecessary opening of the draw 117.159 Grant Line Canal.
117.15 Signals. 117.161 Honker Cut
117.17 Signalling for contiguous drawbridges. 117.163 Islais Creek (Channel).
117.19 Signalling when two or more vessels are approaching a draw- 117.165 Lindsey Slough
bridge 117.167 Little Potato Slough.
117.21 Signalling for an opened drawbridge. 117.169 Mare Island Strait, Napa River, and their tributaries.
117.23 Installation of radiotelephones 117.171 Middle River.
117.24 Radiotelephone installation identification. 117.173 Miner Slough.
117.31 Operation of draw for emergency situations. 117.175 Mokelumne River.
117.33 Closure of draw for natural disasters or civil disorders. 117.177 Mud Slough
117.179 Newark Slough.
117.35 Operations during repair or maintenance
117.181 Oakland Inner Harbor Tidal Canal.
117.37 Opening or closure of draw for public interest concerns.
117.39 Closure of draw due to infrequent use. 117.183 Old River.
117.185 Pacheco Creek.
117.41 Maintenance of draw in fully open position
117.43 Changes in draw operation requirements for regulatory purposes. 117.187 Petaluma River.
117.45 Operation during winter in the Great Lakes area. 117.189 Sacramento River.
117.47 Clearance gauges. 117.191 San Joaquin River.
117.49 Process of violations. 117.193 San Leandro Bay.
117.195 Snodgrass Slough.
Subpart B—Specific Requirements 117.197 Sonoma Creek.
117.51 Purpose. 117.199 Steamboat Slough.
117.53 Applicability. 117.201 Sutter Slough.
117.55 Posting of requirements.
Connecticut
117.57 Advance notice.
117.202 Cold Spring Brook.
117.59 Special requirements due to hazards.
117.205 Connecticut River.
Alabama 117.207 Housatonic River.
117.209 Mianus River.
117.101 Alabama River.
117.103 Bayou La Batre 117.211 Mystic River.
117.105 Bayou Sara. 117.213 New Haven Harbor, Quinnipiac, and Mill Rivers.
117.107 Chattahoochee River. 117.215 Niantic River.
117.217 Norwalk River.
117.109 Coosa River
117.113 Tensaw River. 117.219 Pequannock River.
117.115 Three Mile Creek 117.221 Saugatuck River.
117.223 Shaw Cove
Arkansas 117.224 Thames River.
117.121 Arkansas River 117.225 Yellow Mill Channel.

Delaware
117.231 Brandywine Creek.
117.233 Broad Creek

33 CFR PART 117 PAGE 1


116
M.E.T. PUBLICATION 515 — 5TH EDITION
117.235 Chesapeake and Delaware Canal. Idaho
117.237 Christina River.
117.239 Lewes and Rehoboth Canal. 117.381 Clearwater River.
117.241 Mispillion River. 117.383 Pend Oreille River.
117.243 Nanticoke River. 117.385 Snake River.
117.245 Smyrna River.
Illinois
District of Columbia 117.389 Calumet River.
117.253 Anacostia River. 117.391 Chicago River.
117.255 Potomac River. 117.393 Illinois River.
117.395 Illinois Waterway.
Florida 117.397 Wabash River.
117.261 Atlantic Intracoastal Waterway from St. Marys River to Key
Largo. Indiana
117.263 Banana River. 117.401 Trail Creek.
117.265 Bayou Chico. 117.403 Wabash River.
117.267 Big Carlos Pass.
117.269 Biscayne Bay. Iowa
117.271 Blackwater River. 117.407 Missouri River.
117.272 Boot Key Harbor.
117.273 Canaveral Barge Canal. Kansas
117.277 Clearwater Pass. 117.411 Missouri River.
117.279 Coffeepot Bayou.
117.283 Dunns Creek. Kentucky
117.285 Grand Canal. 117.415 Green River.
117.287 Gulf Intracoastal Waterway. 117.417 Ohio River.
117.289 Hillsboro Inlet
117.291 Hillsborough River. Louisiana
117.295 Kissimmee River. 117.422 Amite River.
117.297 Little Manatee River. 117.423 Atchafalaya River.
117.299 Longboat Pass. 117.424 Belle River
117.300 Loxahatchee River. 117.425 Black Bayou
117.303 Matlacha Pass. 117.427 Black River.
117.305 Miami River. 117.429 Boeuf Bayou.
117.307 Miami River, North Fork. 117.431 Boeuf River.
117.309 Nassau Sound. 117.433 Bonfouca Bayou.
117.311 New pass. 117.435 Caddo Lake.
117.313 New River. 117.436 Carlin Bayou.
117.315 New River, South Fork. 117.437 Colyell Bayou.
117.317 Okeechobee Waterway. 117.438 Company Canal.
117.319 Oklawaha River. 117.439 Des Allemands Bayou.
117.323 Outer Clam Bay. 117.441 D'Inde Bayou.
117.325 St. Johns River. 117.443 Du Large Bayou.
117.327 St. Marks River. 117.444 Falgout Canal
117.329 St. Marys River. 117.445 Franklin Canal.
117.333 Suwannee River. 117.447 Grand Cabahanosse Bayou.
117.335 Taylor Creek. 117.449 Grosse Tete Bayou.
117.451 Gulf Intracoastal Waterway.
117.337 Trout River.
117.453 Houma Canal.
117.341 Whitcomb Bayou.
117.455 Houma Navigation Canal.
117.457 Houston River.
Georgia
117.351 Altamaha River. 117.458 Inner Harbor Navigation Canal, New Orleans.
117.353 Atlantic Intracoastal Waterway, Savannah River to St. Marys 117.458 Inner Harbor Navigation Canal, New Orleans.
117.459 Kelso Bayou.
River.
117.460 La Carpe Bayou.
117.359 Chattahoochee River.
117.361 Flint River. 117.461 Lacassine Bayou.
117.363 Ocmulgee River. 117.463 Lacombe Bayou.
117.365 Oconee River. 117.465 Lafourche Bayou.
117.367 Ogeechee River. 117.467 Lake Pontchartrain.
117.369 Satilla River. 117.469 Liberty Bayou.
117.371 Savannah River. 117.471 Little Black Bayou.
117.473 Little River.
117.373 St. Marys River.

PAGE 2 33 CFR PART 117


117
M.E.T. PUBLICATION 515 — 5TH EDITION
117.475 Little (Petit) Caillou Bayou.
117.477 Lower Atchafalaya River. 117.588 Bass River.
117.478 Lower Grand River. 117.589 Cape Cod Canal.
117.479 Macon Bayou. 117.591 Charles River and its tributaries.
117.480 Mermentau River. 117.593 Chelsea River.
117.481 Milhomme Bayou. 117.595 Danvers River.
117.482 Nezpique Bayou. 117.597 Dorchester Bay.
117.483 Ouachita River. 117.598 Eel Pond Channel.
117.484 Pass Manchac. 117.599 Fort Point Channel.
117.485 Patout Bayou. 117.600 Lagoon Pond.
117.486 Pierre Pass. 117.601 Maiden River.
117.487 Plaquemine Bayou. 117.604 Manchester Harbor.
117.488 Pearl River. 117.605 Merrimack River.
117.489 Plaquemine Brule Bayou. 117.607 Mitchell River.
117.491 Red River. 117.609 Mystic River.
117.493 Sabine River. 117.611 Neponset River.
117.494 Schooner Bayou Canal. 117.613 North River.
117.495 Superior Oil Canal. 117.615 Plum Island River.
117.497 Stumpy Bayou. 117.617 Reserved Channel.
117.499 Tante Phine Pass. 117.618 Saugus River.
117.500 Tchefuncta River. 117.619 Taunton River.
117.501 Teche Bayou. 117.620 Westport River—East Branch.
117.503 Tensas River. 117.621 Fore River.
117.505 Terrebonne Bayou. 117.622 West Bay.
117.506 Tickfaw River.
117.507 Tigre Bayou. Michigan
117.509 Vermilion River. 117.624 Black River (South Haven).
117.511 West Pearl River. 117.625 Black River.
117.627 Cheboygan River.
Maine 117.631 Detroit River (Trenton Channel).
117.521 Back Cove. 117.633 Grand River.
117.523 Back River. 117.635 Keweenaw Waterway.
117.524 Fore River. 117.637 Manistee River.
117.525 Kennebec River. 117.639 Ontonagon River.
117.527 Kennebunk River. 117.641 Pine River (Charlevoix).
117.529 Narraguagus River. 117.643 Pine River (St. Clair).
117.531 Piscataqua River 117.645 River Rouge.
117.532 Presumpscot River. 117.647 Saginaw River.
117.533 Sheepscot River. 117.651 St. Joseph River.
117.535 Taunton River. 117.653 St. Mary's Falls Canal.
117.655 Thunder Bay River.
Maryland
117.541 Baltimore Harbor Patapsco River. Minnesota
117.543 Bear Creek. 117.661 Duluth Ship Canal (Duluth-Superior Harbor).
117.547 Bush River. 117.663 Minnesota River.
117.549 Cambridge Harbor. 117.665 Red River of the North.
117.551 Chester River. 117.667 St. Croix River.
117.553 Choptank River. 117.669 St. Louis River (Duluth Superior Harbor).
117.555 College Creek. 117.671 Upper Mississippi River.
117.557 Curtis Creek.
117.559 Isle of Wight Bay. Mississippi
117.561 Kent Island Narrows 117.675 Back Bay of Biloxi.
117.563 Marshyhope Creek. 117.677 Big Sunflower River.
117.565 Miles River. 117.680 Industrial Seaway Canal.
117.567 Patuxent River. 117.681 Old Fort Bayou.
117.569 Pocomoke River.
117.683 Pascagoula River.
117.571 Spa Creek. 117.684 Pearl River.
117.573 Stoney Creek. 117.685 Portage Bayou, Tchoutacabouffa and Wolf Rivers
117.575 Susquehanna River.
117.686 Yazoo River.
117.577 Weems Creek.
117.579 Wicomico River (North Prong).
Missouri
117.579 Wicomico River (North Prong).
117.687 Missouri River.
Massachusetts 117.689 Osage River.
117.585 Acushnet River.
Nebraska
117.587 Apponagansett River.
117.691 Missouri River.

PAGE 3
118

33 CFR PART 117


M.E.T. PUBLICATION 515 — 5TH EDITION
New Hampshire
117.697 Hampton River. 117.807 Richmond Creek.
117.699 Little Harbor. 117.809 Tonawanda Creek.
117.700 Piscataqua River. 117.811 Tonawanda Harbor.
117.813 Wappinger Creek.
New Jersey 117.815 Westchester Creek.
117.701 Alloway Creek.
117.703 Bass River. North Carolina
117.705 Beaver Dam Creek. 117.821 Atlantic Intracoastal Waterway, Albemarle Sound to Sunset
117.709 Cheesequake Creek. Beach.
117.711 Cohansey River. 117.822 Beaufort Channel, NC.
117.713 Cooper River. 117.823 Neuse River.
117.715 Debbies Creek. 117.825 Newport River.
117.716 Delaware River. 117.829 Northeast River.
117.719 Elizabeth River. 117.831 Pamlico and Tar Rivers.
117.723 Hackensack River. 117.833 Pasquotank River.
117.725 Manantico Creek. 117.835 Perquimans River.
117.727 Manasquan River. 117.837 Roanoke River.
117.729 Mantua Creek. 117.841 Smith Creek.
117.731 Maurice River. 117.843 Trent River.
117.731 Mullica River.
117.732 Nacote Creek. Ohio
117.733 New Jersey Intracoastal Waterway. 117.847 Ashtabula River.
117.734 Navesink River (Swimming River). 117.849 Muskingum River (Zanesville Canal).
117.735 Newark Bay. 117.850 Black River.
117.736 Oceanport Creek. 117.851 Portage River.
117.737 Oldmans Creek. 117.853 Sandusky Bay.
117.738 Overpeck Creek. 117.855 Maumee River.
117.739 Passaic River.
117.741 Raccoon Creek. Oregon
117.743 Rahway River. 117.861 Blind Slough.
117.745 Rancocas River (Creek). 117.863 Catching Slough.
117.747 Raritan River, Arthur Kill, and their tributaries. 117.865 Clatskanie River.
117.749 Salem River. 117.869 Columbia River.
117.750 Schellenger Creek. 117.869 Columbia River.
117.751 Shark River. 117.871 Coos Bay.
117.753 Ship Channel, Great Egg Harbor Bay. 117.873 Coos River.
117.755 Shrewsbury River. 117.875 Coquille River.
117.756 South River. 117.879 Isthmus Slough.
117.757 Tuckahoe River. 117.881 John Day River.
117.759 Wading River. 117.885 [Reserved]
117.761 Woodbridge Creek. 117.887 Oregon Slough (North Portland Harbor).
117.889 Suislaw River.
New York 117.892 South Slough.
117.769 Black Rock Canal. 117.893 Umpqua River.
117.771 Bronx River. 117.895 Wallooskee River.
117.773 Buffalo River. 117.897 Willamette River.
117.775 Coney Island Creek. 117.899 Youngs Bay and Lewis and dark River.
117.779 Eastchester Bay (Ann of).
117.781 East River. Pennsylvania
117.783 Flushing Creek. 117.901 Chester Creek.
117.785 Genessee River. 117.903 Darby Creek.
117.787 Gowanus Canal. 117.904 Delaware River.
117.789 Harlem River. 117.905 Schuylkill River.
117.791 Hudson River.
117.793 Hutchinson River (Eastchester Creek). Rhode Island
117.795 Jamaica Bay and Connecting Waterways. 117.907 Providence River.
117.797 Lake Champlain.
117.799 Long Island, New York Inland Waterway from East Rockaway South Carolina
Inlet to Shinnecock Canal. 117.911 Atlantic Intracoastal Waterway, Little River to Savannah River.
117.801 Newtown Creek, Dutch Kills, English Kills and their tributaries. 117.913 Ashepoo River.
117.803 Niagara River. 117.915 Ashley River.
117.805 Peekskill (Annsville) Creek. 117.917 Battery Creek.
117.921 Broad River.

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M.E.T. PUBLICATION 515 — 5TH EDITION
117.923 Congaree River.
117.925 Cooper River. 117.1035 Columbia River.
117.927 Coosaw River (Whale Branch). 117.1037 Cowlitz River.
117.929 Durham Creek. 117.1039 [Reserved]
117.933 Pee Dee River. 117.1041 Duwamish Waterway.
117.935 Rantowles Creek. 117.1045 Hood Canal.
117.937 Savannah River. 117.1047 Hoquiam River.
117.938 Waccamaw River. 117.1049 Lake Washington.
117.939 Wando River. 117.1051 Lake Washington Ship Canal.
117.1053 Lewis River.
South Dakota 117.1055 Skagit River.
117.941 Missouri River. 117.1057 Skamokawa Creek.
117.1058 Snake River.
Tennessee 117.1059 Snohomish River, Steamboat Slough, and Ebey Slough.
117.943 Cumberland River. 117.1061 Tacoma Harbor.
117.945 Hatchie River. 117.1063 Willapa River.
117.947 Obion River. 117.1065 Wishkah River.
117.949 Tennessee River.
Wisconsin
Texas 117.1081 Black River.
117.1083 Duluth-Superior Harbor (St. Louis River).
117.951 Arroyo Colorado River. 117.1085 East River.
117.953 Brazos River (Diversion Channel). 117.1087 Fox River.
117.955 Buffalo Bayou. 117.1089 Manitowoc River.
117.957 Cedar Bayou. 117.1091 Menomonee River.
117.959 Chocolate Bayou. 117.1093 Milwaukee, Menomonee, and Kinnickinnic Rivers and South
117.961 Clear Creek. Menomonee and Burnham Canals.
117.963 Colorado River. 117.1095 Root River.
117.965 Cow Bayou. 117.1097 Sheboygan River.
117.967 Greens Bayou. 117.1099 St. Croix River.
117.968 Gulf Intracoastal Waterway. 117.1101 Sturgeon Bay.
117.969 Lavaca River. 117.1103 Upper Mississippi River.
117.971 Neches River. 117.1105 Wisconsin River.
117.975 Old Brazos River. 117.1107 Wolf River.
117.977 Pelican Island Causeway, Galveston Channel.
117.979 Sabine Lake. APP A Drawbridges Equipped with Radiotelephones
117.981 Sabine River.
AUTHORITY: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-l(g); section
Vermont 117.255 also issued under the authority of Pub. L. 102-587,106 Stat. 5039.
117.983 Sabine River (Old Channel) behind Orange Harbor Island. SOURCE: CGD 82-025, 49 FR 17452, Apr. 24, 1984, unless otherwise
noted.
Verginia
117.984 San Bernard River.
117.987 Taylor Bayou. Subpart A—General Requirements
117.989 Trinity River.
117.991 Victoria Channel.
117.1 Purpose.
117.993 Lake Champlain.
This subpart prescribes general requirements relating to the use and
117.995 Appomattox River.
operation of drawbridges across the navigable waters of the United States.
117.997 Atlantic Intracoastal Waterway, South Branch of the Elizabeth
Note: The primary jurisdiction to regulate drawbridges across the
River to the Albemarle and Chesapeake Canal.
navigable waters of the United States is vested in the Federal Government
117.999 Blackwater River.
Laws, ordinances, regulations, and rules which purport to regulate these
117.100 Cat Point Creek.
bridges and which are not promulgated by the Federal Government have
117.100 Chickahominy River.
no force and effect
117.100 Elizabeth River—Eastern Branch.
117.101 Great Wicomico River.
117.101 Kinsale Creek. 117.3 Applicability.
The provisions of this subpart not in conflict with the provisions of
117.101 Mattaponi River.
117.102 North Landing River. Subpart B apply to each drawbridge.
117.102 Pamunkey River. Note: For all of the requirements applicable to a drawbridge listed in
117.102 York River. Subpart B, one must review the requirements in Subpart A and §§117.51
through 117.99 of Subpart B, as well as the requirements in Subpart B
Washington applicable to the particular drawbridge in question.
117.103 Chehalis River.
117.4 Definitions.
Certain terms used in this part are defined in this section.
Appurtenance. The term "appurtenance" means an attachment or

PAGE 5
33 CFR PART 117
120
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
the vessel has cleared the draw. (FHWA) in U.S. Road Symbol Signs using Reflective Blue and Reflective
(3) When radiotelephone contact cannot be initiated or maintained, sound White colors. Color and design information is available from the District
or visual signals under this section shall be used. Commander of the Coast Guard District in which the bridge is located.
[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD 82-025, 50 FR [CGD 84-022, 51 FR 16308, May 2, 1986]
11366, Mar. 21, 1985, CGD 84-02, 51 FR 16308, May 2,1986; 61 FR 33660, June
28, 1996] 117.31 Operation of draw for emergency situations.
(a) When a drawtender is informed by a reliable source that an
117.17 Signalling for contiguous drawbridges. emergency vehicle is due to cross the draw, the drawtender shall take all
When a vessel must pass two or more drawbridges close together, the reasonable measures to have the draw closed at the time the emergency
opening signal is given for the first bridge. After acknowledgment from the vehicle arrives at the bridge.
first bridge that it will promptly open, the opening signal is given for the (b) When a drawtender receives notice, or a proper signal as provided in
second bridge, and so on until all bridges that the vessel must pass have §117.15 of this part, the drawtender shall take all reasonable measures to
been given the opening signal and have acknowledged that they will open have the draw opened, regardless of the operating schedule of the draw, for
promptly. passage of the following, provided this opening does not conflict with local
[61 FR 33660, June 28, 1996] emergency management procedures which have been approved by the
cognizant Coast Guard Captain of the Port:
117.19 Signalling when two or more vessels are approaching a (1) Federal, State, and local government vessels used for public safety;
drawbridge. (2) Vessels in distress where a delay would endanger life or property;
When two or more vessels are approaching the same drawbridge at the (3) Commercial vessels engaged in rescue or emergency salvage
same time, or nearly the same, time, whether from the same or opposite operations; and
directions, each vessel shall signal independently for the opening of the (4) Vessels seeking shelter from severe weather.
draw and the drawtender shall reply in turn to the signal of each vessel. [CGD 91-016, 58 FR 20, Jan. 4, 1993]
The drawtender need not reply to signals by vessels accumulated at the
bridge for passage during a scheduled open period. 117.33 Closure of draw for natural disasters or civil disorders.
Drawbridges need not open for the passage of vessels during periods of
117.21 Signalling for an opened drawbridge. natural disasters or civil disorders declared by the appropriate authorities
When a vessel approaches a drawbridge with the draw in the open unless otherwise provided for in Subpart B or directed to do so by the
position, the vessel shall give the opening signal. If no acknowledgment is District Commander.
received within 30 seconds, the vessel may proceed, with caution, through
the open draw. 117.35 Operations during repair or maintenance.
(a) When operation of the draw must deviate from the regulations in this
117.23 Installation of radiotelephones. part for scheduled repair or maintenance work, the drawbridge owner shall
(a) When the District Commander deems it necessary for reasons of request approval from the District Commander at least 30 days before the
safety of navigation, the District Commander may require the installation date of the intended change. The request shall include a brief description
and operation or a radiotelephone on or near a drawbridge. of the nature of the work to be performed and the times and dates of
(b) The District Commander gives written notice of the proposed requested changes. The District Commander's decision is forwarded to the
requirement to the bridge owner. applicant within five working days of the receipt of the request If the
(c) All comments the owner wishes to submit shall be submitted to the request is denied, the reasons for the denial are forwarded with the
District Commander within 30 days of receipt of the notice under decision.
paragraph (b) of this section. (b) When the draw is rendered inoperative because of damage to the
(d) If, upon consideration of the comments received, the District structure or when vital, unscheduled repair or maintenance work shall be
Commander determines that a radiotelephone is necessary, the District performed without delay, the drawbridge owner shall immediately notify
Commander notifies the bridge owner that a radiotelephone shall be the District Commander and give the reasons why the draw is or should be
installed and gives a reasonable time, not to exceed six months, to install rendered inoperative and the expected date of completion of the repair or
the radiotelephone and commence operation. maintenance work.
(c) Alt repair or maintenance work under this section shall be performed
with all due speed in order to return the draw to operation as soon as
117.24 Radiotelephone installation identification.
possible.
(a) The Coast Guard authorizes, and the District Commander may require
(d) If the operation of the draw will be affected for periods of less than
the installation of a sign on drawbridges, on the upstream and downstream
60 days, the regulations in this part will not be amended. Where practicable,
sides, indicating that the bridge is equipped with and operates a VHF
the District Commander publishes notice of the temporary deviations
radiotelephone in accordance with §117.23.
from the regulations in this part in the Federal Register and Local Notices
(b) The sign shall give notice of the radiotelephone and its calling and
to Mariners. If operation of the draw is expected to be affected for more
working channels—
than 60 days, the District Commander publishes temporary regulations
(1) In plain language; or
(2) By a sign consisting of the outline of a telephone handset with the covering the repair period.
long axis placed horizontally and a vertical three-legged lightning slash
superimposed over the handset The slash shall be as long vertically as the 117.37 Opening or closure of draw for public interest concerns.
handset is wide horizontally and normally not less than 27 inches and no (a) For reasons of public health or safety or for public functions, such as
more than 36 inches long. The preferred calling channel should be shown street parades and marine regattas, the District Commander may authorize
in the lower left quadrant and the preferred working channel should be the opening or closure of a drawbridge for a specified period of time.
shown in the lower right quadrant (b) Requests for opening or closure of a draw shall be submitted to the
Note: It is recommended that the radiotelephone sign be similar in District Commander at least 30 days before the proposed opening or
design to the Service Signs established by the Federal Highway
Administration

PAGE 7
33 CFR PART 117
122
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]

117.49 Process of violations.


(a) Complaints of alleged violations under this part are submitted to the
District Commander of the Coast Guard District in which the drawbridge

PAGE 8 33 CFR PART 117


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M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 Medium threat means that the threat of an unlawful act against a vessel
or terminal is possible and that intelligence indicates that terrorists are
CODE OF FEDERAL REGULATIONS likely to be active within a specific area, or against a type of vessel or
PART 120 - SECURITY OF terminal.
PASSANGER VESSELS Operator means the person, company, or governmental agency, or the
representative of a company or governmental agency, that maintains
operational control over a passenger vessel or passenger terminal.
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." Passenger terminal means any structure used for the assembling,
However, we reprinted only those subparts and sections of concern to foreign processing, embarking, or disembarking of passengers or baggage for
vessels. If you need additional information listed in this Table of Contents that does vessels subject to this part It includes piers, wharves, and similar structures
not appear in the pages that follow, please write or fax us. We will be glad to furnish to which a vessel may be secured; land and water under or in immediate
this information for a small service charge] proximity to these structures; buildings on or contiguous to these structures;
and equipment and materials on or in these structures.
Unlawful act means an act that is a felony under U.S. federal law, under
TABLE OF CONTENTS
the laws of the States where the vessel is located, or under the laws of the
country in which the vessel is registered
Subpart A—General Voyage means the passenger vessel's entire course of travel, from the
120.100 Applicability first port at which the vessel embarks passengers until its return to that port
120.110 Definitions or another port where the majority of the passengers are disembarked and
120.120 Incorporation by reference. terminate their voyage.

Subpart B—Security Program


120.120 Incorporation by reference.
120.200 General. (a) Certain material is incorporated by reference into this part with the
120.210 Vessel security officer.
approval of the Director of the Federal Register in accordance with 5
120.220 Reporting of unlawful acts and related activities.
U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must publish
Subpart C—Plans and Procedures for Vessel Security notice of change in the Federal Register and must make the material
120.300 Plan: General.
available to the public. All approved material may be inspected at the
120.305 Plan: Procedure for examination.
120.307 Plan: Amendment Office of the Federal Register, 800 North Capitol Street NW., Suite 700,
120.309 Right of appeal. Washington, DC, and at the U.S Coast Guard, (G-MES), 2100 Second
Street SW., Washington, DC. Copies may be obtained from IMO, 4 Albert
Embankment, London SE1 7SR.
AUTHORITY: 33 U.S.C. 1231; 49 CFR 1.46
SOURCE: 61 FR 37648, July 18, 1996, unless otherwise noted (b) The materials approved for incorporation by reference in this part and
the sections affected are:
International Maritime Organization (IMO),
Subpart A—General 4 Albert Embankment, London SE1 7SR MSC Circular 443, Measures
to Prevent Unlawful Acts Against Passengers and Crews on Board Ships
September 26, 1986—120.220, 120.300
120.100 Applicability.
This part applies to all passenger vessels over 100 gross tons, carrying Subpart B—Security Program
more than 12 passengers for hire, making voyages lasting more than 24
hours, any part of which is on the high seas; and for which passengers are
120.200 General.
embarked or disembarked in the United States or its territories. It does not
(a) Each operator of a vessel to which this part applies shall for each
apply to ferries that hold Coast Guard Certificates of Inspection endorsed
such of its vessels implement a program that—
for "Lakes, Bays, and Sounds", and that transit international waters for only
(1) Provides for the safety and security of persons and property traveling
short periods of time, on frequent schedules.
aboard the vessel against unlawful acts,
(2) Prevents or deters the carriage aboard the vessel of any prohibited
120.110 Definitions. weapon, incendiary, or explosive, on or about any person or within his or
As used in this part: her personal articles or baggage, and the carriage of any prohibited weapon,
Captain of the Port (COTP) means the Coast Guard officer designated incendiary, or explosive, in stowed baggage, cargo, or stores,
by the Commandant to command a Captain of the Port Zone as described (3) Prevents or deters unauthorized access to the vessel and to restricted
in Part 3 of this chapter, or an authorized representative areas aboard the vessel;
Commandant means the Commandant of the U.S. Coast Guard, or an (4) Provides means to meet the requirements for low, medium, and high
authorized representative. threats, through increased security measures to be implemented on advice
High seas means all waters that are neither territorial seas nor internal by the Commandant or COTP of an increased threat to the vessel or persons
waters of the United States or of any foreign country as defined in Part 2, on the vessel;
Subpart 2.05, of this chapter. (5) Designates, by name, a security officer for the vessel,
High threat means that the threat of an unlawful act against a vessel or (6) Ensures that all members of the crew are adequately trained to
terminal is probable or imminent and that intelligence indicates that perform their duties relative to security; and
terrorists have chosen specific targets (7) Provides for coordination with terminal security while in port.
Low threat means that the threat of an unlawful act against a vessel or (b) Each operator of a vessel to which this part applies shall work with
terminal is, though possible, not likely the operator of each terminal at which the vessel embarks or disembarks
passengers, to provide security for the passengers and the vessel. The

PAGE 1
33 CFR PART 120
124
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

33 CFR PART 120


PAGE 2
125
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 London SE1 7 SR.
(b) The materials approved for incorporation by reference in this part and
CODE OF FEDERAL REGULATIONS the sections affected are.
PART 128 - SECURITY OF PASSENGER International Maritime Organization (IMO)
TERMINALS 4 Albert Embankment, London SE1 7SR
MSC Circular 443, Measures to Prevent Unlawful Acts Against Passengers
and Crews on Board Ships September 26, 1986-128.220, 128.300
[ 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 Subpart B—Security Program
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 128.200 General
this information for a small service charge] (a) Each operator of a passenger terminal to which this part applies shall
implement for each such terminal of which it is the operator a security
TABLE OF CONTENTS program that—
(1) Provides for the safety and security of persons and property in the
terminal and aboard each passenger vessel subject to Part 120 of this
Subpart A—General chapter moored at the terminal, against unlawful acts,
128.100 Applicability. (2) Prevents or deters the carriage aboard any such vessel moored at the
128.110 Definitions. terminal of any prohibited weapon, incendiary, or explosive on or about
128.120 Incorporation by reference.
any person or within his or her personal articles or baggage, and the
carnage of any prohibited weapon, incendiary, or explosive in stowed
Subpart B—Security Program
baggage, or cargo, or stores,
128.200 General.
(3) Prevents or deters unauthorized access to any such vessel and to
128.210 Terminal security officer.
128.220 Reporting of unlawful acts and related activities. restricted areas in the terminal;
(4) Provides means to meet the requirements for low, medium, and high
threats, through increased security measures to be implemented on advice
Subpart C—Plans and Procedures for Terminal Security by the Commandant or Captain of the Port (COTP) of an increased threat
128.300 Plan: General to the terminal, the vessel, or persons on the terminal or vessel;
128.305 Plan: Procedure for examination. (5) Designates, by name, a security officer for the terminal;
128.307 Plan: Amendment (6) Provides for the evaluation of all security personnel of the terminal,
128.309 Right of Appeal before hiring, to determine suitability for employment; and
(7) Provides for coordination with vessel security while any passenger
AUTHORITY: 33 U.S.C. 1231; 49 CFR 1.46.
vessel subject to Part 120 of this chapter is moored at the terminal.
SOURCE: 61 FR 37648, July 18, 1996, unless otherwise noted
(b) Each operator of a passenger terminal shall work with the operator
of each passenger vessel subject to part 120 of this chapter, to provide
security for the passengers, the terminal, and the vessel. The terminal,
Subpart A—General however, need not duplicate any provisions fulfilled by the vessel. When
a provision is fulfilled by a vessel, that fact shall be referenced in the
128.100 Applicability. applicable section of the Terminal Security Plan required by §128.300.
This part applies to all passenger terminals in the United States or its
territories when being used for the assembling, processing, embarking, or 128.210 Terminal security officer.
disembarking of passengers or baggage for passenger vessels over 100 (a) Each operator of a passenger terminal shall designate a security
gross tons, carrying more than 12 passengers for hire; making a voyage officer for the terminal.
lasting more than 24 hours, any part of which is on the high seas. It does (b) This officer shall ensure that—
not apply to terminals when serving ferries that hold Coast Guard (1) An initial comprehensive security survey is conducted and updated;
Certificates of Inspection endorsed for "Lakes, Bays, and Sounds", and that (2) The plan required by §128.300 is implemented and maintained, and
transit international waters for only short periods of time, on frequent that amendments to correct its deficiencies and satisfy the security
schedules. requirements of the terminal are proposed;
(3) Adequate training for personnel responsible for security is provided;
128.110 Definitions. (4) Regular inspections of the terminal are conducted,
The definitions in part 120 of this chapter apply to this part. (5) Vigilance, as well as general awareness of security at the terminal,
is encouraged,
128.120 Incorporation by reference. (6) All occurrences or suspected occurrences of unlawful acts and related
(a) Certain material is incorporated by reference into this part with the activities are reported in accordance with §128.220 and that records of the
approval of the Director of the Federal Register in accordance with 5 incident are maintained; and
U.S.C 552(a) and 1 CFR Part 51. To enforce any edition other than that (7) Coordination, for implementation of the plan required by §128.300,
specified in paragraph (b) of this section, the Coast Guard must publish takes place with the vessel security officer of each vessel that embarks or
notice of change in the Federal Register and must make the material disembarks passengers at the terminal
available to the public. All approved material may be inspected at the Office
of the Federal Register, 800 North Capitol Street NW, Suite 700, 128.220 Reporting of unlawful acts and related activities.
Washington, DC, and at the U.S. Coast Guard, (G-MES), 2100 Second (a) Either the operator of the terminal or the operator's representative
Street SW., Washington, DC. Copies may be obtain from IMO, 4 Albert shall report each unlawful act, breach of security, or threat of an unlawful
Embankment, act against the terminal, a passenger vessel subject to Part 120 of this

PAGE 1
33 CFR PART 128
126
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.

128.305 Plan: Procedure for examination.


(a) Each operator of a passenger terminal subject to this part shall submit
two copies of the Terminal Security Plan required by §128.300 to the
COTP for examination before October 16,1996, or at least 60 days before
transferring passengers to or from a vessel subject to Part 120 of this
chapter, whichever is later.
(b) If the COTP finds that the Plan meets the requirements of §128.300,
the COTP shall return a copy to the owner or operator marked "Examined
by the Coast Guard."
(c) If the COTP finds that the Plan does not meet the requirements of
§128.300, the COTP shall return the Plan with an explanation of why it
does not meet the requirements.
(d) No terminal subject to this part shall transfer passengers to or from
a passenger vessel subject to Part 120 of this chapter after November 16,
1996, unless it holds either a Terminal Security Plan that has been
examined by the Coast Guard or a letter from the COTP stating that the
Plan is currently under review by the Coast Guard and that normal
operations may continue until the COTP has determined whether the Plan
meets the requirements of §128.300.

128.307 Plan: Amendment


(a) The operator of a passenger terminal subject to this part may initiate
amendments to the Terminal Security Plan on its own as well as when

33 CFR PART 128


PAGE 2
127
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
136.229 Compensation allowable.
CODE OF FEDERAL REGULATIONS
PART 136 - OIL SPILL LIABILITY Profits and Earning Capacity
TRUST FUND, CLAIMS PROCEDURES; 136.231 Authorized claimants.
DESIGNATION OF SOURCE AND 136.233 Proof.
136.235 Compensation allowable.
ADVERTISEMENT
Government Public Services
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." 136.237 Authorized claimants.
However, we reprinted only those subparts and sections of concern to foreign 136.239 Proof
vessels. If you need additional information listed in this Table of Contents that does 136.241 Compensation allowable.
not appear in the pages that follow, please write or fax us. We will be glad to furnish
Subpart D—Designation of Source and Advertisement
this information for a small service charge]
General
TABLE OF CONTENTS 136.301 Purpose.
136.303 Definitions.
Subpart A—General
136.1 Purpose and applicability Designation of Source
136.3 Information 136.305 Notice of designation.
136.5 Definitions 136.307 Denial of designation
136.7 Foreign claimants
136.9 Falsification of claims. Advertisement
136.309 Advertisement determinations
Subpart B—General Procedure 136.311 Types of advertisement
136.101 Time limitations on claims 136.313 Content of advertisement
136.103 Order of presentment
AUTHORITY: 33 U.S.C. 2713,2714; £.0. 12777, (56 FR 54757); 49 CFR
136.105 General requirements for a claim.
1.46
136.107 Subrogated claims. SOURCE: CGD 91-035, 57 FR 36316, Aug. 12, 1992, unless otherwise
136.109 Removal costs and multiple items of damages. noted.
136.111 Insurance.
136.113 Other compensation
136.115 Settlement and notice to claimant
Subpart A—General
Subpart C—Procedures for Particular Claims
136.1 Purpose and applicability.
Removal Costs
(a) This part prescribes regulations for—
136.201 Authorized claimants. (1) Presentation, filing, processing, settlement, and adjudication of claims
136.203 Proof. authorized to be presented to the Oil Spill Liability Trust Fund (the Fund)
136.205 Compensation allowable. under section 1013 of the Oil Pollution Act of 1990 (the Act) (33 U.S.C.
2713) for certain uncompensated removal costs or uncompensated damages
Natural Resources resulting from the discharge, or substantial threat of discharge, of oil from
136.207 Authorized claimants a vessel or facility into or upon the navigable waters, adjoining shorelines,
136.209 Proof or the exclusive economic zone;
136.211 Compensation allowable. (2) Designation of the source of the incident, notification to the
responsible party of the designation, and advertisement of the designation
Real or Personal Property and claims procedures; and
136.213 Authorized claimants.
(3) Other related matters.
136.215 Proof (b) This part applies to claims resulting from incidents occurring after
136.217 Compensation allowable August 18, 1990.
(c) Nothing in this part—
Subsistence Use (1) Preempts the authority of any State or political subdivision thereof
136.219 Authorized claimants from imposing any additional liability or requirements with respect to—
136.221 Proof (i) The discharge of oil or other pollution by oil within such State, or
136.223 Compensation allowable (ii) Any removal activities in connection with such a discharge, or
(2) Affects or modifies in any way the obligations or liabilities of any
Government Revenues person under the Solid Waste Disposal Act (42 U.S C. 6901 et seq. ) or
136.225 Authorized claimants. State law, including common law; or
136.227 Proof (3) Affects the authority of any State—
(i) To establish, or to continue in effect, a fund any purpose of which is
to pay for costs or damages arising out of, or directly resulting from, oil
pollution or the substantial threat of oil pollution; or
(ii) To require any person to contribute to such a fund; or
(4) Affects the authority of the United States or any State or political

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 2 33 CFR PART 136


129
M.E.T. PUBLICATION 515 — 5TH EDITION
(3) The identity of the vessel, facility, or other entity causing or (4) Whether a claim has been or will be presented to an insurer and, if
suspected to have caused the removal costs or damages claimed and the so, the amount of the claim and the name of the insurer.
basis for such identity or belief. (5) Whether any insurer has paid the claim in full or in part or has
(4) A general description of the nature and extent of the impact of the indicated whether or not payment will be made.
incident, the costs associated with removal actions, and damages claimed, (b) If requested by the Director, NPFC, the claimant shall provide a copy
by category as delineated in Subpart C of this part, including, for any of the following material:
property, equipment, or similar item damaged, the full name, street and (1) All insurance policies or indemnification agreements.
mailing address, and telephone number of the actual owner, if other than (2) All written communications, and a summary of all oral
the claimant communications, with any insurer or indemnifier.
(5) An explanation of how and when the removal costs or damages were (c) A claimant shall advise the Director, NPFC, of any changes in the
caused by, or resulted from, an incident information provided under this section.
(6) Evidence to support the claim.
(7) A description of the actions taken by the claimant, or other person 136.113 Other compensation.
on the claimant's behalf, to avoid or minimize removal costs or damages A claimant must include an accounting, including the source and value,
claimed. of all other compensation received, applied for, or potentially available as
(8) The reasonable costs incurred by the claimant in assessing the a consequence of the incident out of which the claim arises including, but
damages claimed. This includes the reasonable costs of estimating the not limited to, monetary payments, goods or services, or other benefits.
damages claimed, but not attorney's fees or other administrative costs
associated with preparation of the claim.
136.115 Settlement and notice to claimant
(9) To the extent known or reasonably identifiable by the claimant, the
(a) Payment in full, or acceptance by the claimant of an offer of
full name, street and mailing address, and telephone number of each
settlement by the Fund, is final and conclusive for all purposes and, upon
witness to the incident, to the discharge, or to the removal costs or damages
payment, constitutes a release of the Fund for the claim. In addition,
claimed, along with a brief description of that person's knowledge.
acceptance of any compensation from the Fund precludes the claimant from
(10) A copy of written communications and the substance of verbal
filing any subsequent action against any person to recover costs or damages
communications, if any, between the claimant and the responsible party or
which are the subject of the compensated claim. Acceptance of any
guarantor of the source designated under §136.305 and a statement
compensation also constitutes an agreement by the claimant to assign to the
indicating that the claim was presented to the responsible party or
Fund any rights, claims, and causes of action the claimant has against any
guarantor, the date it was presented, that it was denied or remains not
person for the costs and damages which are the subject of the compensated
settled and, if known, the reason why it was denied or remains not settled.
claims and to cooperate reasonably with the Fund in any claim or action by
(11) If the claimant has insurance which may cover the removal costs or
the Fund against any person to recover the amounts paid by the Fund. The
damages claimed, the information required under §136.111.
cooperation shall include, but is not limited to, immediately reimbursing the
(12) A statement by the claimant that no action has been commenced in
Fund for any compensation received from any other source for the same
court against the responsible party or guarantor of the source designated
costs and damages and providing any documentation, evidence, testimony,
under §136.305 or, if an action has been commenced, a statement
and other support, as may be necessary for the Fund to recover from any
identifying the claimant's attorney and the attorney's address and phone
person.
number, the civil action number, and the court in which the action is
(b) Claimant's failure to accept an offer of settlement within 60 days
pending.
after the date the offer was mailed to the claimant automatically voids the
(13) In the discretion of the Director, NPFC, any other information
offer. The Director, NPFC, reserves the right to revoke an offer at any
deemed relevant and necessary to properly process the claim for payment
time.
(c) A claimant will be notified in writing sent by certified or registered
136.107 Subrogated claims. mail whenever a claim against the Fund is denied. The failure of the
(a) The claims of subrogor (e.g., insured) and subrogee (e.g., insurer) for Director, NPFC, to make final disposition of a claim within six months
removal costs and damages arising out of the same incident should be after it is filed shall, at the option of the claimant any time thereafter, be
presented together and must be signed by all claimants. deemed a final denial of the claim.
(b) A fully subrogated claim is payable only to the subrogee. (d) The Director, NPFC, upon written request of the claimant or of a
(c) A subrogee must support a claim in the same manner as any other
person duly authorized to act on the claimant's behalf, reconsiders any
claimant
claim denied. The request for reconsideration must be in writing and
include the factual or legal grounds for the relief requested, providing any
136.109 Removal costs and multiple items of damages. additional support for the claim. The request must be received by the
(a) A claimant must specify all of the claimant's known removal costs Director, NPFC, within 60 days after the date the denial was mailed to the
or damages arising out of a single incident when submitting a claim. claimant or within 30 days after receipt of the denial by the claimant,
(b) Removal costs and each separate category of damages (as described whichever date is earlier. Reconsideration may only be requested once for
in subpart C of this part) must be separately listed with a sum certain each claim denied. The Director, NPFC will provide the claimant seeking
attributed to each type and category listed. reconsideration with written notification of the decision within 90 days after
(c) At the sole discretion of the Director, NPFC, removal costs and each receipt of the request for reconsideration. This written decision is final. The
separate category of damages may be treated separately for settlement failure of the Director, NPFC, to make final disposition of a reconsideration
purposes. within 90 days after it is received shall, at the option of the claimant any
time thereafter, be deemed a final denial of the reconsideration.
136.111 Insurance.
(a) A claimant shall provide the following information concerning any Subpart C—Procedures for Particular Claims
insurance which may cover the removal costs or damages for which
compensation is claimed: Removal Costs
(1) The name and address of each insurer. 136.201 Authorized claimants.
(2) The kind and amount of coverage. A claim for removal costs may be presented by any claimant
(3) The policy number.

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.

136.205 Compensation allowable. 136.215 Proof.


The amount of compensation allowable is the total of uncompensated (a) In addition to the requirements of subparts A and B of this part, a
reasonable removal costs of actions taken that were determined by the claimant must establish—
FOSC to be consistent with the National Contingency Plan or were directed (1) An ownership or leasehold interest in the property;
by the FOSC. Except in exceptional circumstances, removal activities for (2) That the property was injured or destroyed;
which costs are being claimed must have been coordinated with the FOSC. (3) The cost of repair or replacement; and
(4) The value of the property both before and after injury occurred.
Natural Resources (b) In addition, for each claim for economic loss resulting from
136.207 Authorized claimants. destruction of real or personal property, the claimant must establish—
(a) Claims for uncompensated natural resource damages may be (1) That the property was not available for use and, if it had been, the
presented by an appropriate natural resources trustee. However, in order to value of that use;
facilitate the processing of these claims with respect to a single incident (2) Whether or not substitute property was available and, if used, the
where multiple trustees are involved and to prevent double recovery, the costs thereof; and
affected trustees should select a lead administrative trustee who will present (3) That the economic loss claimed was incurred as the result of the
consolidated claims on behalf of the trustees. injury to or destruction of the property.
(b) A trustee may present a claim for the reasonable cost of assessing
natural resources damages separately from a claim for the cost of 136.217 Compensation allowable.
developing and implementing plans for the restoration, rehabilitation, (a) The amount of compensation allowable for damaged property is the
replacement, lesser of—
or acquisition of the equivalent of the natural resources damaged. (1) Actual or estimated net cost of repairs necessary to restore the
property to substantially the same condition which existed immediately
136.209 Proof. before the damage;
In addition to the requirements of subparts A and B of this part, a trustee (2) The difference between value of the property before and after the
must do the following: damage; or
(a) Submit the assessment and restoration plans which form the basis of (3) The replacement value.
the claim. (b) Compensation for economic loss resulting from the destruction of real
(b) Provide documented costs and cost estimates for the claim. Final cost or personal property may be allowed in an amount equal to the reasonable
estimates for conducting damage assessments or implementing a restoration costs actually incurred for use of substitute commercial property or, if
plan may form the basis for a claim against the Fund for an uncompensated substitute commercial property was not reasonably available, in an amount
natural resources damage claim. equal to the net economic loss which resulted from not having use of the
(c) Identify all trustees who may be potential claimants for the same property. When substitute commercial property was reasonably available,
natural resources damaged. but not used, allowable compensation for loss of use is limited to the cost
(d) Certify the accuracy and integrity of any claim submitted to the of the substitute commercial property, or the property lost, whichever is
Fund, and certify that any actions taken or proposed were or will be less. Compensation for loss of use of noncommercial property is not
conducted in accordance with the Act and consistent with all applicable allowable.
laws and regulations. (c) Compensation for a claim for loss of profits or impairment of earning
(e) Certify whether the assessment was conducted in accordance with capacity under §136.213 (b) is limited to that allowable under §136.235.
applicable provisions of the natural resources damage assessment
regulations promulgated under section 1006(e)(1) of the Act (33 U.S.C. Subsistence Use.
2706(e)(1)). Identify any other or additional damage assessment regulations 136.219 Authorized claimants.
or methodology utilized. (a) A claim for loss of subsistence use of natural resources may be
(f) Certify that, to the best of the trustee's knowledge and belief, no presented only by a claimant who actually uses, for subsistence, the natural
other trustee has the right to present a claim for the same natural resources resources which have been injured, destroyed, or lost, without regard to the
damages and that payment of any subpart of the claim presented would not ownership or management of the resources.
constitute a double recovery for the same natural resources damages. (b) A claim for loss of profits or impairment of earning capacity due to
loss
of subsistence use of natural resources must be included as part of the claim
136.211 Compensation allowable.
under this section and must include the proof required under §136.233.
(a) The amount of compensation allowable is the reasonable cost of
assessing damages, and the cost of restoring, rehabilitating, replacing, or
acquiring the equivalent of the damaged natural resources. 136.221 Proof.
(b) In addition to any other provision of law respecting the use of sums In addition to the requirements of subparts A and B of this part, a
recovered for natural resources damages, trustees shall reimburse the Fund claimant must provide—
for any amounts received from the Fund in excess of that amount required (a) The identification of each specific natural resource for which
to accomplish the activities for which the claim was paid. compensation for loss of subsistence use is claimed;

PAGE 4 33 CFR PART 136


131
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) A description of the actual subsistence use made of each specific 136.233 Proof.
natural resource by the claimant; In addition to the requirements of subparts A and B of this part, a
(c) A description of how and to what extent the claimant's subsistence claimant must establish the following:
use was affected by the injury to or loss of each specific natural resource; (a) That real or personal property or natural resources have been injured,
(d) A description of each effort made by the claimant to mitigate the destroyed, or lost
claimant's loss of subsistence use; and (b) That the claimant's income was reduced as a consequence of injury
(e) A description of each alternative source or means of subsistence to, destruction of; or loss of the property or natural resources, and the
available to the claimant during the period of time for which loss of amount of that reduction.
subsistence is claimed, and any compensation available to the claimant for (c) The amount of the claimant's profits or earnings in comparable
toss of subsistence. periods and during the period when the claimed loss or impairment was
suffered, as established by income tax returns, financial statements, and
136.223 Compensation allowable. similar documents. In addition, comparative figures for profits or earnings
(a) The amount of compensation allowable is the reasonable replacement for the same or similar activities outside of the area affected by the incident
cost of the subsistence loss suffered by the claimant if, during the period also must be established.
of time for which the loss of subsistence is claimed, there was no (d) Whether alternative employment or business was available and
alternative source or means of subsistence available. undertaken and, if so, the amount of income received. All income that a
(b) The amount of compensation allowable under paragraph (a) of this claimant received as a result of the incident must be clearly indicated and
section must be reduced by— any saved overhead and other normal expenses not incurred as a result of
(1) All compensation made available to the claimant to compensate for the incident must be established.
subsistence loss;
(2) All income which was derived by utilizing the time which otherwise 136.235 Compensation allowable.
would have been used to obtain natural resources for subsistence use; and The amount of compensation allowable is limited to the actual net
(3) Overheads or other normal expenses of subsistence use not incurred reduction or loss of earnings or profits suffered. Calculations for net
as a result of the incident reductions or losses must clearly reflect adjustments for—
(c) Compensation for a claim for loss of profits or impairment of earning (a) All income resulting from the incident;
capacity under §136.219(b) is limited to that allowable under §136.235. (b) All income from alternative employment or business undertaken;
(c) Potential income from alternative employment or business not
Government Revenues
undertaken, but reasonably available;
136.225 Authorized claimants.
(d) Any saved overhead or normal expenses not incurred as a result of
A claim for net loss of revenue due to the injury, destruction, or loss of
the incident; and
real property, personal property, or natural resources may be presented only
(e) State, local, and Federal taxes.
by an appropriate claimant sustaining the loss. As used in this section and
Government Public Services
§136.277, "revenue" means taxes, royalties, rents, fees, and net profit 136.237 Authorized claimants.
shares. A claim for net costs of providing increased or additional public services
during or after removal activities, including protection from fire, safety, or
136.227 Proof. health hazards, caused by a discharge of oil may be presented only by a
In addition to the requirements of Subparts A and B, a claimant must State or a political subdivision of a State incurring the costs.
establish—
(a) The identification and description of the economic loss for which 136.239 Proof.
compensation is claimed, including the applicable authority, property In addition to the requirements of subparts A and B of this part, a
affected, method of assessment, rate, and method and dates of collection; claimant must establish—
(b) That the loss of revenue was due to the injury to, destruction of, or (a) The nature of the specific public services provided and the need for
loss of real or personal property or natural resources; those services;
(c) The total assessment or revenue collected for comparable revenue (b) That the services occurred during or after removal activities;
periods; and (c) That the services were provided as a result of a discharge of oil and
(d) The net loss of revenue. would not otherwise have been provided; and
(d) The net cost for the services and the methods used to compute those
136.229 Compensation allowable. costs.
The amount of compensation allowable is the total net revenue actually
lost
136.241 Compensation allowable.
Profits and Earning Capacity The amount of compensation allowable is the net cost of the increased
136.231 Authorized claimants. or additional service provided by the State or political subdivision.
(a) A claim for loss of profits or impairment of earning capacity due to
the injury to, destruction of; or loss of real or personal property or natural Subpart D—Designation of Source and Advertisement
resources may be presented by a claimant sustaining the loss or impairment
General
The claimant need not be the owner of the damaged property or resources
136.301 Purpose.
to recover for lost profits or income.
This subpart prescribes the requirements concerning designation of the
(b) A claim for loss of profits or impairment of earning capacity that also
source or sources of the discharge or threat of discharge and advertisement
involves a claim for injury to, or economic losses resulting from
of these designations, including the procedures by which claims may be
destruction
presented to the responsible party or guarantor.
of, real or personal property must be claimed under §136.213.
(c) A claim for loss of profits or impairment of earning capacity that also
involves a claim for loss of subsistence use of natural resources must be
claimed under §136.219.

33 CFR PART 136 PAGE 5


132
M.E.T. PUBLICATION 515 — 5TH EDITION
136.303 Definitions. (5) Relevant information or recommendations, if any, submitted by, or
As used in this subpart— on behalf of, the responsible party or guarantor of the designated source.
Advertisement means the dissemination of information, including but not (c) The Director, NPFC, provides the specific requirements for
limited to paid advertisements, dial are reasonably calculated to advise the advertisement for each incident to the responsible party or guarantor of the
public how to present a claim. designated source.
Designated source means a source designated under §136.305. (d) If a responsible party or guarantor has not denied designation in
accordance with §136.307, the party or guarantor shall advertise, in
Designation of Source accordance with the requirements of this subpart, the designation and the
136.305 Notice of designation.
procedures by which claims may be presented. The advertisement must
(a) When information of an incident is received, the source or sources
begin not later than 15 days after the date of the designation made under
of the discharge or threat are designated, where possible and appropriate.
§136.305.
If the designated source is a vessel or facility, the responsible party and the
(e) If there is no designation under §136.305, if the source of the
guarantor, if known, are notified by telephone, telefax, or other rapid
discharge or threat is a public vessel, or if the responsible party and
means of that designation. The designation will be confirmed by a written
guarantor of the source designated have denied the designation or failed to
Notice of Designation.
meet the requirements for advertisement in this section, the Director,
(b) A Notice of Designation normally contains, to the extent known—
NPFC, may advertise procedures for presenting claims.
(1) The name of the vessel or facility designated as the source;
(2) The location, date, and time of the incident;
(3) The type of quantity of oil involved; 136.311 Types of advertisement
(4) The date of the designation; Advertisement required by the Director, NPFC, will normally include
(5) The procedures for accepting or denying the designation; and one or more of the following:
(6) The name, address, telephone number, and, if available, telefax (a) Paid advertisements in a newspaper or newspapers having general
number of the responsible Federal official to whom further communication circulation in the area designated by the Director, NPFC.
regarding the incident, advertisement of the incident, or denial of (b) Notice posted in marinas, marine supply stores, bait and tackle shops,
designation should be directed. and other appropriate business establishments or public facilities in the area
designated by the Director, NPFC.
136.307 Denial of designation. (c) News releases to newspapers, radio stations, television stations, and
(a) Within five days after receiving a Notice of Designation under cable services having general circulation in the area designated by the
§136.305, the responsible party or guarantor may deny the designation. Director, NPFC.
(b) A denial of designation must— (d) Other means approved by the Director, NPFC, under the
(1) Be in writing; circumstances of each case.
(2) Identify the Notice of Designation;
(3) Give the reasons for the denial and provide a copy of all supporting 136.313 Content of advertisement.
documents; and Each advertisement required by this subpart may be required to contain
(4) Be submitted to the official named in the Notice of Designation. the following information or to indicate where this information may be
(c) A denial is deemed received on the date the denial is actually contained:
received by the official named in the Notice of Designation. (a) Location, date, and time of the incident
Advertisement (b) Geographical area affected, as determined by the FOSC or Director,
136.309 Advertisement determinations. NPFC.
(a) The Director, NPFC, determines for each incident the type, (c) Type and quantity of oil involved.
geographic scope, frequency, and duration of advertisement required. (d) Name or other description of the source designated by the FOSC or
(b) In making the determination specified in paragraph (a) of this section, Director, NPFC.
the Director, NPFC, may consider— (e) Name of the responsible party and guarantor of the designated source.
(1) The nature and extent of economic losses that have occurred or are (f) Name, address, telephone number, office hours, and work days of the
likely to occur; person or persons to whom claims are to be presented and from whom
(2) The potential claimants who are likely to incur economic losses; claim information can be obtained.
(3) The geographical area that is or will likely be affected; (g) The procedures by which a claim may be presented.
(4) The most effective method of reasonably notifying potential (h) Other information required by the Director, NPFC, under the
claimants of the designation and procedures of submitting claims; and circumstances of each case.

PAGE 6 33 CFR PART 136


133
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
CODE OF FEDERAL REGULATIONS 138.12 Applicability.
(a) This part applies to—
PART 138 - FINANCIAL RESPONSIBILITY (1) A tank vessel of any size, and to a foreign-flag vessel of any size,
FOR WATER POLLUTION (VESSELS) using the waters of the exclusive economic zone to transship or lighter oil
(whether delivering or receiving) destined for a place subject to the
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." jurisdiction of the United States; and
However, we reprinted only those subparts and sections of concern to foreign (2) A vessel using the navigable waters of the United States or any port
vessels. If you need additional information listed in this Table of Contents that does or place subject to the jurisdiction of the United States, including an
not appear in the pages that follow, please write or fax us. We will be glad to furnish offshore facility subject to the jurisdiction of the United States, except—
this information for a small service charge] (i) A vessel that is 300 gross tons or less; and
(ii) A non-self-propelled barge that does not carry oil as cargo or fuel
TABLE OF CONTENTS and does not carry hazardous substances as cargo.
(b) For the purposes of financial responsibility under OPA 90, a mobile
offshore drilling unit is treated as a tank vessel when it is being used as an
138.10 Scope.
offshore facility and there is a discharge, or a substantial threat of a
138.12 Applicability.
138.15 Implementation schedule. discharge, of oil on or above the surface of the water. A mobile offshore
138.20 Definitions. drilling unit is treated as a vessel other than a tank vessel when it is not
138.30 General. being used as an offshore facility.
138.40 Where to apply for and obtain forms. (c) In addition to a non-self-propelled barge over 300 gross tons that
138.50 Time to apply. carries hazardous substances as cargo, for the purposes of financial
responsibility under CERCLA, this part applies to a self-propelled vessel
138.60 Applications, general instructions
138.65 Issuance and carriage of Certificates. over 300 gross tons, even if it does not carry hazardous substances.
138.70 Renewal of Certificates. (d) This part does not apply to a public vessel.
138.80 Financial responsibility, how established [61 FR 9264, Mar. 07, 1996]
138.90 Individual and Fleet Certificates
138.100 Non-owning operator's responsibility for identification 138.15 Implementation schedule.
138.110 Master Certificates (a) A tank vessel is subject to the following implementation schedule:
138.120 Certificates, denial or revocation (1) Until December 28, 1994, a tank vessel is required to carry a
138.130 Fees Certificate issued under parts 130,131, and 132 of this chapter, as may be
138.140 Enforcement applicable to that vessel. On or after that date, and until July 1, 1995, a
138.150 Service of process. non-self-propelled tank vessel must carry a Certificate issued under parts
APP. A Application Form. 130, 131, and 132 of this chapter, as may be applicable to that vessel,
APP. A Application Form. unless it carries a Certificate issued under this part.
APP. B Insurance Guaranty Form. (2) A self-propelled tank vessel to which this part applies and which
APP. C Master Insurance Guaranty Form. carries a valid Certificate issued under part 130 of this chapter may not
APP. D Surety Bond Guaranty Form. operate on or after December 28, 1994, unless the operator of that vessel
APP. E Financial Guaranty Form has submitted to the Director, NPFC, before that date acceptable evidence
APP. F Master Financial Guaranty Form of financial responsibility applicable to that vessel under this part. A self-
propelled tank vessel covered by that evidence of financial responsibility
before December 28, 1994, may continue to operate with the Certificate
AUTHORITY: 33 U.S.C. 2716; 42 U.S.C. 9608; sec. 7(b), E.O. 12580,
issued under part 130 of this chapter. The expiration date of the Certificate
52 FR 2923, 3 CFR, 1987 Comp., p. 198; 49 CFR 1 46; §138.30 also
issued under the authority of 46 U.S.C 2103; 46 U.S.C. 14302; 49 issued under part 130 of this chapter for that vessel will be deemed to be
CFR 1.46. December 28, 1995, regardless of the expiration date appearing on the
SOURCE: CGD 91-005, 59 FR 34227, July 1, 1994, unless otherwise Certificate. Thereafter, a Certificate issued under this part is required.
noted. (3) A self-propelled tank vessel to which this part applies, but which
______________________________________________________ does not carry a valid Certificate issued under part 130 of this chapter
before December 28, 1994, may not operate on or after that date unless it
138.10 Scope. carries a Certificate under this part.
This part sets forth the procedures by which an operator of a vessel may (4) A non-self-propelled tank vessel to which this part applies may not
establish and maintain, for itself, and, where the operator is not the owner operate on or after July 1, 1995, without a Certificate issued under this
or demise charterer, for the owner and demise charterer of the vessel, part. A non-self-propelled tank vessel may continue to operate with a
evidence of financial responsibility to cover liability of the owner, operator, Certificate issued under parts 130,131, and 132 of this chapter, as may be
and demise charterer arising under— applicable to that vessel, until that date.
(a) Section 1002 of the Oil Pollution Act of 1990 (OPA 90) (33 U.S.C (b) A vessel that is not a tank vessel (non-tank vessel) is subject to the
2702), and following implementation schedule:
(b) Section 107(a)(1) of the Comprehensive Environmental Response, (1) Until December 28, 1997, a non-tank vessel is required to carry a
Compensation, and Liability Act, as amended (CERCLA) (42 U.S.C Certificate issued under parts 130 and 132 of this chapter, as may be
9607(a)(1)) applicable to that vessel, unless that vessel carries a Certificate issued under
[61 FR 3264, Mar. 07, 1996] this part. On or after December 28, 1997, each non-tank vessel subject to
this part must carry a Certificate issued under this part.
(2) A Certificate is issued, on and after December 28, 1994, and before
December 28,1997, under parts 130 and 132 of this chapter only to replace
a lost Certificate or to replace a Certificate due to a vessel or operator

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-

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M.E.T. PUBLICATION 515 — 5TH EDITION
138.30 General. determined by applying the Convention Measurement System under 46
(a) The regulations in this part set forth the procedures whereby an CFR part 69, subpart B, or if applicable, the Simplified Measurement
operator of a vessel subject to this part can demonstrate that it and the System under 46 CFR part 69, subpart E. The measurement standards
owner and demise charterer of the vessel are financially able to meet applied are subject to applicable international agreements to which the
potential liability for costs and damages in the amounts established by this United States Government is a party.
part. The owner, operator, and demise charterer are strictly, jointly, and (e) For a vessel of a foreign country that is not a party to the Convention,
severally liable for the costs and damages resulting from an incident or a gross tonnage, as referred to in this part, is determined as follows:
release or threatened release, but together they need only establish and (1) For a vessel measured under laws and regulations found by the
maintain an amount of financial responsibility equal to the single limit of Commandant to be similar to Annex I of the Convention. The vessel's gross
liability per incident, release, or threatened release. Only that portion of the tonnage under the similar laws and regulations is used for determining the
evidence of financial responsibility under this part with respect to— 300 gross ton threshold, if applicable, the required amount of financial
(1) OPA 90 is required to be made available by a guarantor for the costs responsibility, and limit of liability under section 1004(a) of OPA 90 and
and damages related to an incident where there is not also a release or under section 107(a) of CERCLA. The measurement standards applied are
threatened release; and subject to applicable international agreements to which the United States
(2) CERCLA is required to be made available by a guarantor for the Government is a party.
costs and damages related to a release or threatened release where there is (2) For a vessel not measured under laws and regulations found by the
not also an incident A guarantor (or a self-insurer for whom the exceptions Commandant to be similar to Annex I of the Convention. The vessel's gross
to limitations of liability are not applicable), therefore, is not required to tonnage under 46 CFR part 69, subpart B, or, if applicable, subpart E, is
apply the entire amount of financial responsibility to an incident involving used for determining the 300 gross ton threshold, if applicable, the required
oil alone or a release or threatened release involving a hazardous substance amount of financial responsibility, and limit of liability under section
alone. 1004(a) of OPA 90 and under section 107(a) of CERCLA. The
(b) Where a vessel is operated by its owner, or the owner is responsible measurement standards applied are subject to applicable international
for its operation, the owner is considered to be the operator and shall agreements to which the United States is a party.
submit the application for a Certificate. In all other cases, the vessel (f) A person who agrees to act as a guarantor or a self-insurer is bound
operator shall submit the application. A time or voyage charterer that does by the vessel's gross tonnage as determined under paragraphs (c), (d), or
not assume responsibility for the operation of the vessel is not considered (e) of this section, regardless of what gross tonnage is specified in an
an operator for the purposes of this part. application or guaranty form illustrated in the appendices to this part.
(c) For a United States-flag vessel, the applicable gross tons or gross Guarantors, however, may limit their liability under a guaranty of financial
tonnage, as referred to in this part, is determined as follows: responsibility to the applicable gross tonnage appearing on a vessel's
(1) For a documented U.S. vessel measured under both 46 U.S.C. International Tonnage Certificate or other official, applicable certificate of
Chapters 143 (Convention Measurement) and 145 (Regulatory measurement and shall not incur any greater liability with respect to that
Measurement). guaranty, except when the guarantors knew or should have known that the
The vessel's regulatory gross tonnage is used to determine whether the applicable tonnage certificate was incorrect
vessel exceeds 300 gross tons where that threshold applies under the Acts.
If the vessel's regulatory tonnage is determined under the Dual 138.40 Where to apply for and obtain forms.
Measurement System in 46 CFR part 69, subpart D, the higher gross (a) An operator shall file an application for a Certificate and a renewal
tonnage is the regulatory tonnage for the purposes of the 300 gross ton of a Certificate together with fees and evidence of financial responsibility,
threshold. The vessel's gross tonnage as measured under the International with the Coast Guard National Pollution Funds Center at the following
Convention on Tonnage Measurement of Ships, 1969 ("Convention"), is address: U.S. Coast Guard, National Pollution Funds Center (cv), 4200
used to determine the vessel's required amount of financial responsibility, Wilson Boulevard, Suite 1000, Arlington, VA 22203-1804, telephone (703)
and limit of liability under section 1004(a) of OPA 90 and under section 235-4813, Telex 248324 (Answerback CGNPFC UR), Telefax (703) 235-
107(a) of CERCLA. 4835.
(2) For all other United States vessels. The vessel's gross tonnage under (b) Forms may be obtained at the address in paragraph (a) of this
46 CFR part 69 is used for determining born the 300 gross ton threshold, section, and all requests for assistance, including telephone inquiries, in
the required amount of financial responsibility, and limit of liability under completing applications should be directed to the U.S. Coast Guard at that
section 1004(a) of OPA 90 and under section 107(a) of CERCLA. If the same address.
vessel is measured under the Dual Measurement System, the higher gross
tonnage is used in all determinations. 138.50 Time to apply.
(d) For a vessel of a foreign country that is a party to the Convention, (a) A vessel operator who wishes to obtain a Certificate shall file a
gross tonnage, as referred to in this part, is determined as follows: completed application form, evidence of financial responsibility and
(1) For a vessel assigned, or presently required to be assigned, gross appropriate fees at least 21 days prior to the date the Certificate is required.
tonnage under Annex I of the Convention. The vessel's gross tonnage as The Director, NPFC, may waive this 21-day requirement
measured under Annex I of the Convention is used for determining the 300 (b) The Director, NPFC, generally processes applications in the order in
gross ton threshold, if applicable, the required amount of financial which they are received at the National Pollution Funds Center.
responsibility, and limit of liability under section 1004(a) of OPA 90 and
under section 107(a) of CERCLA.
138.60 Applications, general instructions.
(2) For a vessel not presently required to be assigned gross tonnage
(a) The application for a Certificate (Form CG-5585) is illustrated in
under Annex I of the Convention, The highest gross tonnage that appears
Appendix A of this part. An application and all supporting documents must
on the vessel's certificate of documentation or equivalent document and
be in English. All monetary terms must be expressed in United States
that is acceptable to the Coast Guard under 46 U.S.C, chapter 143 is used
dollars.
for determining the 300 gross ton threshold, if applicable, the required (b) An authorized official of the applicant shall sign the application. The
amount of financial responsibility, and limit of liability under section title of the signer must be shown in the space provided on the application.
1004(a) of OPA 90 and under section 107(a) of CERCLA. If the vessel has (c) The application must be accompanied by a written statement
no document or the gross tonnage appearing on the document is not providing authority to sign, where the signer is not disclosed as an
acceptable under 46 U.S.C, chapter 143, the vessel's gross tonnage is

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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:

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M.E.T. PUBLICATION 515 — 5TH EDITION
of financial responsibility and a history of stable operations are the major the insurer or other guarantor. The evidence of financial responsibility must
elements considered by the Director, NPFC. also provide that, in the event an action is brought under the Acts directly
(4) Financial Guaranty. By filing with the Director, NPFC, a Financial against the insurer or other guarantor, the insurer or other guarantor may
Guaranty Form CG-5586-3, illustrated in Appendix E of this part (when invoke only the following rights and defenses:
applying for a Master Certificate, a Master Financial Guaranty Form CG- (i) The incident, release, or threatened release was caused by the willful
5586-4, illustrated in Appendix F of this part), executed by not more than misconduct of the person for whom the guaranty is provided.
four financial guarantors, such as a parent or affiliate acceptable to the (ii) Any defense that the person for whom the guaranty is provided may
Coast Guard. A financial guarantor shall comply with all of the self- raise under the Acts.
insurance provisions of paragraph (b)(3) of this section. In addition, a (iii) A defense relating to the amount of a claim or claims, filed in any
person that is a financial guarantor for more than one applicant or action in any court or other proceeding, that exceeds the amount of the
certificant shall have working capital and net worth no less than the guaranty with respect to an incident or with respect to a release or
aggregate total applicable amounts of financial responsibility provided as a threatened release.
guarantor for each applicant or certificant, plus the amount required to be (iv) A defense relating to the amount of a claim or claims that exceeds
demonstrated by a self-insurer under this part, if also acting as a self- the amount of the guaranty, which amount is based on the gross tonnage
insurer. of the vessel as entered on the vessel's International Tonnage Certificate or
(5) Other evidence of financial responsibility. The Director, NPFC, will other official, applicable certificate of measurement, except when the
not accept a self-insurance method other than the one described in guarantor knew or should have known that the applicable tonnage
paragraph (b)(3) of this section. An applicant may in writing request the certificate was incorrect
Director, NPFC, to accept a method different from one described in (v) The claim is not one made under either of the Acts.
paragraph (b) (1), (2), or (4) of this section to demonstrate evidence of (2) Limitation on guarantor liability. A guarantor that participates
financial responsibility. An applicant submitting a request under this in any evidence of financial responsibility under this part shall be
paragraph shall submit the request to the Director, NPFC, at least 45 days liable because of that participation, with respect to an incident or a
prior to the date the Certificate is required. The applicant shall describe in release or threatened release, in any proceeding only for the amount
detail the method proposed, the reasons why the applicant does not wish and type of costs and damages specified in the evidence of financial
to use or is unable to use one of the methods described in paragraph (b) responsibility. A guarantor shall not be considered to have consented
(1), (2), or (4) of this section, and how the proposed method assures that to direct action under any law other than the Acts, or to unlimited
the applicant is able to fulfill its obligation to pay costs and damages in the liability under any law or in any venue, solely because of the guarantor's
event of an incident or a release or threatened release. The Director, NPFC, participation in providing any evidence of financial responsibility
will not accept a method under this paragraph that merely deletes or alters under this part. In the event of any finding that liability of a guarantor
a provision of one of the methods described in paragraph (b) (1), (2), or (4) exceeds the amount of the guaranty provided under this part, that
of this section (for example, one that alters the termination clause of the guaranty is considered null and void with respect to that excess.
insurance guaranty form illustrated in Appendix B of this part). An (e) Public access to data. Financial data filed by an applicant, certificant,
applicant that makes a request under this paragraph shall provide the and any other person is considered public information to the extent required
Director, NPFC, a proposed guaranty form that includes all the elements by the Freedom of Information Act (5 U.S.C. 552) and permitted by the
described in paragraphs (c) and (d) of this section. A decision of the Privacy Act (5 U.S.C. 552a).
Director, NPFC, not to accept a method requested by an applicant under (f) Total applicable amount.
this paragraph is final agency action. (1) The applicable amount under OPA 90 is determined as follows:
(c) Forms—(1) Multiple guarantors. Ten or fewer insurers (a lead (i) For a tank vessel—(except a tank vessel on which no liquid hazardous
underwriter is considered to be one insurer) may jointly execute an material in bulk is being carried as cargo or cargo residue, and on which
insurance guaranty form. Four or fewer sureties (including lead sureties) the only oil carried as cargo or cargo residue is an animal fat or vegetable
may jointly execute a surety bond guaranty form. Four or fewer financial oil, as those terms are used in section 2 of the Edible Oil Regulatory
guarantors may jointly execute a financial guaranty form. If more than one Reform Act (Pub. L. 104-55))
insurer, surety, or financial guarantor executes the relevant form— (A) Over 300 gross tons (and a vessel of 300 gross tons or less using the
(i) Each is bound for the payment of sums only in accordance with the waters of the United States Exclusive Economic Zone to transship or
percentage of vertical participation specified on the relevant form for that lighter oil destined for a place subject to the jurisdiction of the United
insurer, surety, or financial guarantor. Participation in the form of layering States, as specified in §138.12(a)(1)) but not exceeding 3,000 gross tons,
(tiers, one in excess of another) is not acceptable; only vertical participation the greater of $2,000,000 or $1,200 per gross ton; and
on a percentage basis is acceptable unless none of the participants specifies (B) Over 3,000 gross tons, the greater of $10,000,000 or $1,200 per
a percent of participation. If no percentage of participation is specified for gross ton.
an insurer, surety, or financial guarantor, the liability of that insurer, surety, (ii) For a vessel other than a tank vessel under paragraph (f)(1)(i) of this
or financial guarantor is joint and several for the total of the unspecified section that is over 300 gross tons or that is 300 gross tons or less using the
portions; and waters of the Exclusive Economic Zone of the United States to transship
(ii) The guarantors must designate a lead guarantor having authority to or lighter oil destined for a place subject to the jurisdiction of the United
bind all guarantors for actions required of guarantors under the Acts, States, the greater of $500,000 or $600 per gross ton.
including but not limited to receipt of designation of source, advertisement (2) The applicable amount under CERCLA is determined as follows:
of a designation, and receipt and settlement of claims. (i) For a vessel over 300 gross tons carrying a hazardous substance as
(2) Operator name. An applicant shall ensure that each form submitted cargo, the greater of $5,000,000 or $300 per gross ton.
under this part sets forth in full the correct legal name of the vessel (ii) For any other vessel over 300 gross tons, the greater of $500,000 or
operator to whom a certificate is to be issued. $300 per gross ton.
(d) Direct Action. (1) Acknowledgment. Any evidence of financial (3) The total applicable amount is the maximum applicable amount
responsibility submitted under this part must contain an acknowledgment calculated under paragraph (f)(1) of this section plus maximum applicable
by the insurer or other guarantor that an action in court by a claimant amount calculated under paragraph (f)(2) of this section.
(including a claimant by right of subrogation) for costs and damage claims [61 FR 9264, Mar. 07, 1996]
arising under the provisions of the Acts, may be brought directly against

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M.E.T. PUBLICATION 515 — 5TH EDITION
(1) The number of the individual Certificate and the name of the vessel.
138.90 Individual and Fleet Certificates. (2) The date and reason why the certificant ceased to be the operator of
(a) The Director, NPFC, issues an individual Certificate for each vessel the vessel.
listed on a completed application when the Director, NPFC, determines that (3) The location of the vessel on the date the certificant ceased to be the
acceptable evidence of financial responsibility has been provided and operator.
appropriate fees have been paid, except where a Fleet Certificate is issued (4) The name and mailing address of the person to whom the vessel was
under this section or where a Master Certificate is issued under §138.110. sold or transferred.
Each Certificate of any type issued under this part is issued only in the (f) In the event of the temporary transfer of custody of an unmanned
name of a vessel operator and is effective for not more than three years barge certificated under this part, where the certificant transferring the
from the date of issue, as indicated on each Certificate. An authorized barge continues to be liable under the Acts and continues to maintain on
official of the applicant may submit to the Director, NPFC, a letter file with the Director, NPFC, acceptable evidence of financial responsibility
requesting that additional vessels be added to a previously submitted with respect to the barge, the existing individual Certificate remains in
application for an individual Certificate. The letter must set forth all effect A temporary new individual Certificate is not required. A transferee
information required in item 5 of the application form. The authorized is encouraged to require the transferring certificant to acknowledge in
official shall also submit or cause to be submitted acceptable evidence of writing that the transferring certificant agrees to remain responsible for
financial responsibility, if required, and certification fees for these pollution liabilities.
additional vessels. The certificant shall carry the original individual
Certificate on the vessel named on the Certificate, except that a legible 138.100 Non-owning operator's responsibility for identification.
copy (certified as accurate by a notary public or other person authorized to (a) Each operator that is not an owner of a vessel certificated under this
take oaths in the United States) may be carried instead of the original if the part, other than an unmanned barge, shall ensure that the original or a
vessel is an unmanned barge and does not have a document carrying device legible copy of the demise charter-party (or other written document on the
which the vessel operator believes would offer suitable protection for the owner's letterhead, signed by the vessel owner, which specifically identifies
original Certificate. If a notarized copy of an individual Certificate is the vessel operator named on the Certificate) is maintained on board the
carried aboard a barge, the Certificate shall retain the original in the United vessel.
States and shall make it readily available for inspection by United States (b) The demise charter-party or other document required by paragraph
Government officials. (a) of this section must be presented, upon request, for examination to a
(b) An operator of two or more barges that are not tank vessels and that United States Government official.
from time to time may be subject to this part (e.g., a hopper barge over
300 gross tons when carrying oily metal shavings or similar cargo), so long 138.110 Master Certificates.
as the operator of such a fleet is a self-insurer or arranges with an acceptable (a) A contractor or other person who is responsible for a vessel in the
guarantor to cover, automatically, all such barges for which the operator capacity of a builder, swapper, lessor, or seller (including a repairer who
may from time to time be responsible, may apply to the Director, agrees to be responsible for a vessel under its custody) may apply for a
NPFC, for issuance of a Fleet Certificate. A legible copy of the Fleet Master Certificate instead of applying for an individual Certificate for each
Certificate, certified as accurate by a notary public or other person vessel. A Master Certificate covers all of the vessels subject to this part
authorized to take oaths in the United States, must be carried on each barge held by the applicant solely for purposes of construction, repair, scrapping,
when subject to this part. In addition, the certificant shall retain in the lease, or sale. A vessel which is being operated commercially in any
United States the original Fleet Certificate and shall make it readily business venture, including the business of building, repairing, scrapping,
available for inspection by United States Government officials. The original leasing, or selling (e.g., a slop barge used by a shipyard) cannot be covered
Fleet Certificate, when invalid, must be completed on the reverse side and by a Master Certificate. Any vessel for which a Certificate is required, but
returned immediately to the Director, NPFC, and all copies must be which is not eligible for a Master Certificate, must be covered by either an
destroyed. When the certificant ceases to be responsible for a barge covered individual Certificate or a Fleet Certificate.
by a Fleet Certificate, the certificant shall immediately destroy the copy of (b) An applicant for a Master Certificate shall submit an application form
the Fleet Certificate carried aboard that barge. in the manner prescribed by §138.60. An applicant shall establish evidence
(c) A person shall not make any alteration on any Certificate issued of financial responsibility in accordance with §138.80, by submission, for
under this part or copy of that Certificate, except the notarized certifications example, of an acceptable Master Insurance Guaranty Form, Surety Bond
permitted in §138.110(f) and paragraphs (a) and (b) of this section. A Guaranty Form, Master Financial Guaranty Form, or acceptable self-
Certificate or copy containing any alteration is void. insurance documentation. An application must be completed in full, except
(d) If, at any time after a Certificate has been issued, a certificant for Item 5. The applicant shall make the following statement in Item 5:
becomes aware of a change in any of the facts contained in the application "This is an application for a Master Certificate. The largest tank vessel to
or supporting documentation, the certificant shall notify the Director, be covered by this application is [insert applicable gross tons] gross tons.
NPFC, in writing within 10 days of becoming aware of the change. A The largest vessel other than a tank vessel is [insert applicable gross tons]
vessel or operator name change or change of a guarantor shall be reported gross tons." The dollar amount of financial responsibility evidenced by the
as soon as possible by telefax or other electronic means to the Director, applicant must be sufficient to meet the amount required under this part.
NPFC, and followed by a written notice sent within three business days. (c) Each Master Certificate issued by the Director, NPFC, indicates—
(e) Except as provided in §138.90(f), at the moment a certificant ceases (1) The name of the applicant (i.e., the builder, repairer, scrapper, lessor,
to be the operator of a vessel for any reason, including a vessel that is or seller);
scrapped or transferred to a new operator, the individual Certificate naming (2) The date of issuance and termination, encompassing a period of not
the vessel, and any copies of the Certificate, are void and their further use more than three years; and
is prohibited. In that case, the certificant shall, within 10 days of the (3) The gross tons of the largest tank vessel and gross tons of the largest
Certificate becoming void, complete the reverse side of the original vessel other than a tank vessel eligible for coverage by that Master
individual Certificate naming the involved vessel and return the Certificate Certificate. The Master Certificate docs not identify the name of each vessel
to the Director, NPFC. If the Certificate cannot be returned because it has covered by the Certificate.
been lost or destroyed, the certificant shall, within three business days, (d) Each additional vessel which does not exceed the respective tonnages
submit the following information in writing to the Director, NPFC:

PAGE 6 33 CFR PART 138


139
M.E.T. PUBLICATION 515 — 5TH EDITION
indicated on the Master Certificate and which is eligible for coverage by (e) If the intended revocation under paragraph (b) of this section is based
a Master Certificate is automatically covered by that Master Certificate. on failure to timely file the required financial statements, data, notifications,
Before acquiring a vessel, by any means, including conversion of an or affidavits, the revocation is effective 10 days after the date of the notice
existing vessel, that would have the effect of increasing the certificant's of intention to revoke, unless, before revocation, the certificant
required amount of financial responsibility (above that provided for demonstrates to the satisfaction of the Director, NPFC, that the required
issuance of the existing Master Certificate), the certificant shall submit to documents were timely filed or have been filed.
the Director, NPFC, the following: (f) If the intended denial is based on paragraph (a)(1) or (a)(4) of this
(1) Evidence of increased financial responsibility. section, or the intended revocation is based on paragraph (b)(1) or (b)(2)
(2) A new certification fee. of this section, the applicant or certificant may request, in writing, an
(3) Either a new application or a letter amending the existing application opportunity to present information for the purpose of showing that the
to reflect the new gross tonnage which is to be indicated on a new Master applicant or certificant is in compliance with the part. The request must be
Certificate. received by the Director, NPFC, within 10 days after the date of the
(e) A person to whom a Master Certificate has been issued shall submit notification of intention to deny or revoke. A Certificate subject to
to the Director, NPFC, every six months beginning the month after the revocation under this paragraph remains valid until the Director, NPFC,
month in which the Master Certificate is issued, a report indicating the issues a written decision revoking the Certificate.
name, previous name, type, and gross tonnage of each vessel covered by (g) An applicant or certificant whose Certificate has been denied under
the Master Certificate during the preceding six-month reporting period and paragraph (a) of this section or revoked under paragraph (b) or (c) of this
indicating which vessels, if any, are tank vessels. section may request the Director, NPFC, to reconsider the denial or
(f) The certificant shall ensure that a legible copy of the Master revocation. The certificant shall file a request for reconsideration, in
Certificate (certified as accurate by a notary public or other person writing, to the Director, NPFC, within 20 days of the date of the denial or
authorized to take oaths in the United States) is carried aboard each vessel revocation. The certificant shall state the reasons for reconsideration. The
covered by the Master Certificate. The certificant shall retain the original Director, NPFC, issues a written decision on the request within 30 days of
Master Certificate at a location in the United States and shall make it receipt, except that failure to issue a decision within 30 days shall be
readily available for inspection by United States Government officials. deemed an affirmance of a denial or revocation. Until the Director, NPFC,
(g) Upon revocation or other invalidation of the Master Certificate, the issues this decision, a revoked certificate remains invalid. A decision by the
certificant shall return the original Certificate within 10 days to the Director, NPFC, affirming a denial or revocation, is final agency action.
Director, NPFC. The certificant shall ensure that all copies of the
Certificate are destroyed. 138.130 Fees.
[61 FR 3264, Mar. 07, 1996] (a) The Director, NPFC, will not issue a Certificate until the fees set
forth in paragraphs (c) and (d) of this section have been paid.
138.120 Certificates, denial or revocation. (b) Fees must be paid in United States currency by check, draft, or postal
(a) The Director, NPFC, may deny a Certificate when an applicant— money order made payable to the "U.S. Coast Guard". Cash will not be
(1) Willfully or knowingly makes a false statement in connection with accepted.
an application for an initial or renewal Certificate; (c) Except as provided in §138.70(c), an applicant that submits an
(2) Fails to establish acceptable evidence of financial responsibility as application for the first time under this part, shall pay an initial,
required by this part; nonrefundable application the of $150 for each type of application (i.e.,
(3) Fails to pay the required application or certificate fees; individual Certificate(s), Fleet Certificate, and Master Certificate). An
(4) Fails to comply with or respond to lawful inquiries, regulations, or applicant that submits an application for an additional (i.e., supplemental)
orders of the Coast Guard pertaining to the activities subject to this part; individual Certificate, or to replace, amend or renew an existing
or Certificate, is not required to pay a new application fee. However, if
(5) Fails to timely file required statements, data, notifications, or an applicant for any reason withdraws or permits the withdrawal of an
affidavits. application for an individual Certificate(s) and the applicant holds no
(b) The Director, NPFC, may revoke a Certificate when a certificant— valid individual Certificate(s), in order to reapply for an individual
(1) Willfully or knowingly makes a false statement in connection with
Certificate(s) covering the same or different vessels the applicant shall
an application for an initial or a renewal Certificate, or in connection with
submit a new application form and an application the of $150. Similarly, an
any other filing required by this part;
applicant shall submit a new application form and the to
(2) Fails to comply with or respond to lawful inquiries, regulations, or
obtain a new Fleet or Master Certificate following invalidation of a
orders of the Coast Guard pertaining to the activities subject to this part;
Fleet or Master Certificate.
or
(d) In addition to the application the of $150, an applicant shall also pay
(3) Fails to timely file required statements, data, notifications, or
a certification the of $80 for each Certificate requested. An applicant shall
affidavits.
submit the certification the for each vessel listed in, or later added to, an
(c) A Certificate is immediately invalid, and considered revoked, without
application for an individual Certificate(s). An applicant shall submit the
prior notice, when the certificant—
$80 certification the to renew or to reissue a Certificate for any reason,
(1) Fails to maintain acceptable evidence of financial responsibility as
including, but not limited to, a vessel or operator name change or a lost
required by this part;
certificate.
(2) Is no longer the responsible operator of the vessel in question; or
(3) Alters any Certificate or copy of a Certificate except as permitted by (e) A certification the is refunded, upon receipt of a written request,
this part in connection with notarized certifications of copies. if the application is denied or withdrawn before issuance of the
(d) The Director, NPFC, advises the applicant or certificant, in writing, Certificate. Overpayments of application and certification fees are
of the intention to deny or revoke a Certificate under paragraph (a) or (b) refunded, on request, only if the refund is for $50 or more. However,
of this section and states the reason therefor. Written advice from the any overpayments not refunded will be credited, for a period of three
Director, NPFC, that an incomplete application will be considered years from the date of receipt of the monies by the Coast Guard, for
withdrawn unless it is completed within a stated period, is the equivalent of the applicant's possible future use or transfer to another applicant
a denial. under this part.

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.

138.150 Service of process.


(a) When executing the forms required by this part, each applicant
and guarantor shall designate thereon a person located in the United
States as its agent for service of process for purposes of this part and
for receipt of notices of designations and presentations of claims under
the Acts (collectively referred to as "'service of process"'). Each
designated agent shall acknowledge the designation in writing unless
the agent has already famished the Director, NPFC, with a "'master"'
(i.e., blanket) concurrence showing that it has agreed in advance to act
as the United States agent for service of process for the applicant,
certificant, or guarantor in question.
(b) If any applicant, certificant, or guarantor desires, for any reason,
to change any designated agent, the applicant, certificant, or guarantor
shall notify the Director, NPFC, of the change and furnish the relevant
information, including the new agent's acknowledgment in accordance
with paragraph (a) of this section, if a "'master"' concurrence is not
applicable. In the event of death, disability, or unavailability of a
designated agent, the applicant, certificant, or guarantor shall designate
another agent in accordance with paragraph (a) of this section within
10 days of knowledge of any such event. The applicant, certificant, or
guarantor shall submit the new designation to the Director, NPFC. The
Director, NPFC, may revoke a certificate if an applicant, certificant,
or guarantor fails to designate and maintain an agent for service of
process.
(c) If a designated agent can not be served because of death,
disability, unavailability, or similar event and another agent has not
been designated under this section, then service of process on the
Director, NPFC, will constitute valid service of process. Service of
process on the Director, NPFC, will not be effective unless the
server—
(1) Sends the applicant, certificant, or guarantor (by registered mail,
at its last known address on file with the Director, NPFC), a copy of

33 CFR PART 138


PAGE 8
141
M.E.T. PUBLICATION 515 — 5TH EDITION

Appendix A to Part 128 - Application Form


(30 min. per respondent)
Approved OMB No 2115-0545
DEPARTMENT OF TRANSPORTATION GENERAL
U.S. COAST GUARD (PART 1 OF 4 PARTS)

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.

THIS SPACE FOR USE BY USCG ONLY


(d) Trace name, if any:

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.

(a) if a corporation, association, or other organization, indicate:


State in the United States, or foreign country, in which incorporated or organized: Date of incorporation or organization:

(b) if a partnership, provide name and address of each partner:

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.)

PREVIOUS EDITION IS OBSOLETE -1-

33 CFR PART 138 PAGE 9


142
M.E.T. PUBLICATION 515 — 5TH EDITION

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:

NAME OF VESSEL OWNER OWNER'S MAILING ADDRESS

-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:

Insurance Surety Bond Financial Guaranty Self-Insurance Other evidence


(Answer item 7) (Answer item 8) (Answer item 9) (Answer item 10) (Answer item 11)

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):

8. Total amount of surety bond guaranty:


$ _______________________________

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):

Financial Guarantor's fiscal year.

(Month) (Day) to (Month) (Day)

10. If applicant intends to qualify as a self-insurer, attach all required financial data and indicate fiscal year.

(Month) (Day) to (Month) (Day)

11. If applicant intends to qualify through other evidence, supply all information required by 33 CFR 138.80(b)(5)

-3-

33 CFR PART 138


PAGE 11
144
M.E.T. PUBLICATION 515 — 5TH EDITION
Reverse or CG-5585

DECLARATION (PART III OF 4 PARTS)

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:

15. Address or principal office in we United Sates (if any):

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.

DATE: SIGNATURE OF AUTHORIZED OFFICIAL:

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.

NO CERTIFICATE WILL BE ISSUED UNLESS A COMPLETED APPLICATION


FORM HAS BEEN RECEIVED, PROCESSED AND APPROVED.

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-

PAGE 12 33 CFR PART 138


145
M.E.T. PUBLICATION 515 — 5TH EDITION

-5-

33 CFR PART 138 PAGE 13


146
Appendix B to Part 138 - Insurance Guaranty Form Applicable Amount Table below. The Insurer's obligation hereunder
Insurance Co. Form No.________
with respect to any one incident or release or threatened release
DEPARTMENT OF TRANSPORTATION
U.S. COAST GUARD
shall be reduced by all payments or succession of payments for costs
CG-5586 and damages, to one or more claimants, made by or on behalf of the
Assured under OPA 90 or CERCLA or both, as applicable, for which the
INSURANCE GUARANTY FURNISHED AS EVIDENCE OF FINANCIAL Assured is liable. The Insurer shall be entitled to invoke only the
RESPONSIBILITY UNDER THE OIL POLLUTION ACT OF 1990 AND following rights and defenses in any direct action:
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, (1) The incident, release, or threatened release
COMPENSATION, AND LIABILITY ACT, AS AMENDED was caused by the willful misconduct of the Assured.
(2) Any defense that the Assured may raise under
The undersigned Insurer or Insurers ("Insurer") hereby certifies the Acts.
that for purposes of Complying with the financial responsibility (3) A defense relating to the amount of a claim
provisions of the Oil Pollution Act of 1990 ("OPA 90") and the or claims, filed in any action in any court or other
Comprehensive Environmental Response, Compensation, and Liability proceeding, that exceeds the amount of this guaranty
Act, as amended ("CERCLA"), (referred to collectively as the "Acts"), with respect to an incident or with respect to a
the vessel owners and operators ("Assured" or "Assureds") of each release or threatened release.
respective vessel named in the schedules below ("covered vessel") are (4) A defense relating to the amount of a claim
insured by it against liability for costs and damages to which the or claims that exceeds the amount' of this guaranty,
Assureds may be subject under either section 1002 of OPA 90, as which amount is based on the gross tonnage of a
limited by section 1004(a), or section l07(a)(1) of CERCLA, as covered vessel as entered on the vessel's
limited by sections 107(c)(1)(A) and (B), or both, in an amount equal International Tonnage Certificate or other official,
to the total applicable amount determined in accordance with the applicable certificate of measurement, except where
Applicable Amount Table below, respecting each covered vessel. the guarantor knew or should have known that the
The amount and scope of insurance coverage hereby provided by the applicable tonnage certificate was incorrect.
Insurer is not conditioned or dependent in any way upon any contract, (5) The claim is not one made under either of the
agreement, or understanding between an Assured and the Insurer. Acts.
Coverage hereunder is for purposes of evidencing financial No more than four Insurers (including lead underwriters) may
responsibility under each of the Acts, separately, at the levels in execute this guaranty. If more than one Insurer executes this
effect at the time of the incident(s), release(s) or threatened guaranty, each Insurer binds itself Jointly and severally for the
release(s) giving rise to claims. 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
(Name of Agent) payment of sums only in accordance with the percentage of
________________________________________________
with offices at participation set forth opposite the name of the Insurer below. If
_________________________________________________________ no percentage of participation is indicated for an Insurer or
is designated as the Insurer's agent in the United States for service Insurers, the liability of such Insurer or Insurers shall be joint
of process for the purposes of this guaranty and for receipt of and several for the total of the unspecified portions.
notices of designation and presentations of claims under the Acts. ______________________________________________________
If the designated agent cannot be served due to death, disability, or (Name of lead guarantor)
unavailability, the Director, Coast Guard National Pollution Funds is designated as the lead guarantor having authority to bind all
Center ("Center"), is the agent for these purposes. guarantors for actions of guarantors under the Acts, including but
The Insurer consents to be sued directly with respect to any not 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
damages arising under section 1002 of OPA 90, as limited by section only one Insurer executes this guaranty).
1004(a), or section 107(a)(1) of CERCLA, as limited by sections The insurance evidenced by this guaranty shall be applicable only
107(c)(1)(A) and (B), or both, against any Assured. However, in any In relation to each incident, release, and threatened release
direct action under OPA 90 the Insurer's liability per vessel per occurring on or after the effective date and before the termination
Incident shall not exceed the amount determined under part I of the date of this guaranty and shall be applicable only in relation to
Applicable Amount Table below and, in any direct action under CERCLA, each incident, release and threatened release giving rise to claims
the Insurer's liability per vessel par release or threatened release
shall not exceed the amount determined under part II of the CG-5584 2
under section 1002 of OPA 90 or section 107(a)(1) of CERCLA, or both, APPLICABLE AMOUNT TABLE
with respect to any of the covered vessels.
The effective date of this guaranty for each covered vessel is (I) Applicable Amount Under the Oil Pollution Act of 1990
the date the vessel is named in or added to the schedules below. For
each covered vessel, the termination data of this guaranty is 30 days VESSEL TYPE VESSEL'S GROSS TONS APPLICABLE
after the data of receipt by the Center of written notice that the
AMOUNT
Insurer has elected to terminate the insurance evidenced by this
guaranty and has so notified the vessel operator identified on the Tank vessel Over 300 gross tons* The greater of
schedule below. ( except a tank vessel but not to exceed $ 2,000,000 or
on which no liquid 3,000 gross tons. $ 1,200 per gross ton.
Termination of this guaranty as to any covered vessel shall not
hazardous material
affect the liability of the Insurer in connection with an incident, in bulk is being
release, or threatened release occurring prior to the date the carried as cargo or
termination becomes effective. cargo residue, and on
which the only oil
If, during the currency of this guaranty, an Assured requests carried as cargo or
that an additional vessel be made subject to this guaranty and if the cargo residue is on
Insurer accedes to that request and so notifies the Center, then that animal fat or
vessel is considered' included in the schedules below as a covered vegetable oil, as
those terms are used
vessel. in section 2 of the
Title 33 CFR part 138 governs this guaranty. Edible Oil Regulation
Effective date of coverage for vessels originally named in this Reform Act ( Pub. 1.
guaranty: 104-55))

(day/month/year) Tank vessel Over 3,000 gross The greater of


(except tank vessel tons. $10,000,000 or
on which no liquid $ 1,200 per gross ton.
(Name of Insurer)
hazardous material
in bulk is being
(Percentage of Participation) carried as cargo or
cargo residue, and on
which the only oil
(Mailing Address)
carried as cargo or
cargo residue is an
animal fat or
vegetable oil, as
By:
those terms are used
in section 2 of the
Edible Oil regulatory
(Signature of Official Signing Reform Act ( Pub. L.
On Behalf of Insurer) 104-55))
(Typed Name and Title of Signer)
Vessel other Over 300 gross tons. The greater of
than a tank * $ 500.000 or
[NOTE: For each additional Insurer, provide information in the same manner as vessel $ 600 per gross ton.
(specified above)
for Insurer above.]
* This minimum gross ton limit does not apply to any vessel using the waters of the
CG-5586 U.S. Exclusive Economic Zone to transship or lighter oil destined for a place subject
to the jurisdiction of the United States ( as specified in 33 CFR 138.12 (a)(i))
3

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.

Any other vessel over 300 The greater of


gross tons $ 500,000 or
$ 300 per gross ton.

(III) Total Applicable Amount - Maximum applicable amount


calculated under (I) plus maximum applicable amount calculated
under (II).
Insurance Guaranty Form CG-5586 No _______

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

The undersigned insurer or insurers (''Insurer") hereby


certifies that for purposes of complying with the financial
responsibility provisions of the Oil Pollution Act of 1990
("OPA 90") and the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended ("CERCLA"), (referred
to collectively as the "Acts"),

(Name of Assured Operator)

and any owner (collectively referred to as "Assured") of each


vessel covered hereunder are insured by it against liability for
costs and damages to which the Assured may be subject under
either section 1002 of OPA 90, as limited by section 1004(a), or
section 107(a)(1) of CERCLA, as limited by sections 107(c)(1)(A)
and (B), or both, in an amount equal to the total applicable
amount determined in accordance with the Applicable Amount Table
below, respecting each covered vessel. This guaranty is
applicable in relation to any vessel for which either or both
Acts require financial responsibility and which the Assured holds
for purposes of construction, repair, scrapping, lease, or sale.
The amount and scope of insurance coverage hereby provided
by the Insurer is not conditioned or dependent in any way upon
any contract, agreement, or understanding between the Assured and
the Insurer. Coverage hereunder is for purposes of evidencing
financial responsibility under each of the Acts, separately, at
the levels in effect at the tine of the incident(s), release(s).
or threatened release(s) giving rise to claims.

(Name of Agent)

is designated as the Insurer's agent in the United States for


Insurance Guaranty Form CG-5586 No._______ service of process for purposes of this guaranty and for receipt
of notices of designation and presentations of claims under the
Acts. If the designated agent cannot be served due to death,
disability, or unavailability, the Director, Coast Guard National

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.

Master Insurance Guaranty Form CG-5586-1 No._____


Name of lead guarantor)
C
CG-5586-1 3
2
APPLICABLE AMOUNT TABLE

(I) Applicable Amount Under the Oil Pollution Act of 1990

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

(Name of Vessel Operator)


of
(City, State and Country)

(''Principal"), and the undersigned surety company or companies


("Surety" or "Sureties"), each authorized by the United States
Department of the Treasury to do business In the United States as
an approved surety, are held and firmly bound unto the United
States of America and other claimants In the penal sum of
$____________________
for costs and damages for which the Principal is liable under the
Oil Pollution Act of 1990 ("OPA 90") and the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended ("CERCLA") (referred to collectively as the "Acts").
"Principal" Includes, In addition to the vessel operator and the
owner of each vessel covered by this guaranty ("covered vessel").
The Principal has elected to file with the Director, Coast
Guard National Pollution Funds Center ("Center") this surety bond
guaranty as evidence of financial responsibility to obtain from
the Coast Guard a Certificate, or Certificates, of Financial
Responsibility (Water Pollution) under 33 CFR part 138. to meet
any liability for costs and damages Incurred In connection with a
covered vessel under section 1002 of OPA 90, as limited by
section l004(a), or section 107(a)(1) of CERCLA, as limited by
sections 107(c)(1)(A) and (B), or both.
The Surety agrees that the penal sum of this surety bond
guaranty shall be available to pay to the United States of
America or other claimants under the Acts any sum or sums for
which the Principal may be held liable under the Acts. The penal
sum shall be the total applicable amount, determined In
accordance with the Applicable Amount Table below, for which
payment we, the undersigned, bind ourselves and our heirs,
executors, administrators, successors and assigns. Jointly and
severally.
If no percentage is Indicated for a Surety or Sureties, the (3) A defense relating to the amount of a
liability of such Surety or Sureties shall be Joint and several claim or claims, filed in any action in any court
for the total of the unspecified portions. or other proceeding, that exceeds the amount of
this guaranty with respect to an incident or with
(Name of lead guarantor)
respect to a release or threatened release.
(4) A defense relating to the amount of a
is designated as the lead guarantor having authority to bind all claim or claims that exceeds the amount of this
guarantors for actions of guarantors under the Acts, including guaranty, which amount is based on the
but not limited to receipt of designation of source, gross tonnage of the vessel as entered on the
advertisement of a designation, and receipt and settlement of vessel’s International Tonnage Certificate or
claims (inapplicable if only one Surety executes this guaranty). other official, applicable certificate of
Principal and the Surety or Sureties agree that if all or a measurement, except where the surety knew or
portion of the penal sun is paid, the penal sum is considered should have known that the applicable tonnage
reinstated to its full amount until 30 days after receipt from certificate was incorrect.
the Surety of written notice to the Director, NPFC, that the (5) The claim is not one made under either of
penal sum has not been reinstated. Principal and the Surety or
the Acts.
Sureties further agree that if at the time of an incident,
release, or threatened release a covered vessel is a tank vessel This bond is effective the ________ day of ____________, 12:01 a.m., standard time at
or is carrying a hazardous substance as cargo, the penal sum of the address of the Surety first named herein, and shall continue in force until discharged
this surety bond guaranty automatically increases, if necessary, or terminated as herein provided. The above named Vessel
to the total applicable amount appropriate for such vessel as Operator or the Surety may at any time terminate this bond
determined in accordance with the Applicable Amount Table below. guaranty by written notice sent by certified mail, registered
In no case, however, shall the penal sum be increased to an mail, overnight delivery, or other comparable service to the
amount greater than the total applicable amount. other party, with a copy (showing that the original notice was
The penal sum is not further conditioned or dependent in any sent to the other party by certified mail, registered mail,
way upon any contract, agreement or understanding between the overnight delivery, or other comparable service) to the Center.
Principal and Surety. If the Principal is responsible for more The termination is effective thirty (30) days after the Center
than one vessel covered by this guaranty, then the penal sum is receives the written notice of termination. The Surety shall not
the total applicable amount for the vessel having the greatest be liable hereunder in connection with an Incident, release, or
liability under the Acts. threatened release occurring after the termination of this bond
The liability of the Surety as guarantor under OPA or guaranty as herein provided, but the termination shall not affect
CERCLA, or both, . shall not be discharged by any payment or the liability of the Surety in connection with an incident,
succession of payments hereunder, unless and until such payment release, or threatened release occurring prior to the date the
or payments amount in the aggregate to the penal sun of this bond termination becomes effective. Nor shall the Surety be liable
guaranty. hereunder in connection with a non-covered vessel, which is a
Any claim. Including any claim by right of subrogation, vessel specifically named in other evidence of financial
against the Principal for costs and damages arising under either responsibility, which is applicable to that vessel on behalf of
section 1002 of OPA 90, as limited by section 1004(a), or section the above named vessel Operator, and which is accepted by and on
107(a)(1) of CERCLA, as limited by sections 107(c)(1)(A) and (B), file with the Center during an incident, release, or threatened
or both, may be brought directly against the Surety, and the release giving rise to a claim against the Surety or Principal.
Surety consents to suit with respect to these claims. However,
in any direct action under OPA 90 the Surety's liability shall
not exceed the amount determined under part I of the Applicable The Surety designates
Amount Table below and, in any direct action under CERCLA the (Name of Agent)
with offices at
Surety's liability shall not exceed the amount determined under
part II of the Applicable Amount Table below. The Surety's
obligation hereunder with respect to any one incident or release
or threatened release shall be reduced by all payments or
as the Surety's agent in the United States for service of process
succession of payments for costs and damages, to one or more for the purposes of this surety bond guaranty and for receipt of
claimants, made by or on behalf of the Principal under OPA 90 or notices of designation and presentations of claims under the
CERCLA or both, as applicable, for which the Principal is liable. Acts. If the designated agent cannot be served due to death.
In the event of a direct claim, the Surety may invoke only the disability, or unavailability, the Director. Coast Guard National
following rights and defenses: Pollution Funds Canter, is the agent for these purposes.
(1) The incident, release, or threatened
release was caused by the willful misconduct of
the Principal.
(2) Any defense that the Principal may raise
under the Acts. 4
Title 33 CFR part 138 governs this bond guaranty.
In witness whereof, the Vessel Operator, for itself and owners, and Surety have
executed this instrument on the ___________________ day of ___________________

VESSEL OPERATOR
SURETY

(Signature of Sole Proprietor (Business Address) (Name) (Percentage of Participation)


or Partner)

(Address) (Affix Corporate Seal)


(Typed)

(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)

(Affix Corporate Seal)

(Signature)

(Typed Name and Title)

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))
------------------ ------------------------- -----------------------------

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 oil
vegetable oil, as
these 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.
(specified above)

* 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 __________

Financial Guaranty No.________


below. The Guarantor's obligation hereunder with respect to any
DEPARTMENT OF TRANSPORTATION one Incident or release or threatened release shall be reduced by
U.S. COAST GUARD all payments or succession of payments for costs and damages, to
CG-5586-3 one or more claimants, made by or on behalf of the Operator under
OPA 90 or CERCLA or both, as applicable, for which the Operator
FINANCIAL GUARANTY FURNISHED AS EVIDENCE OF FINANCIAL is liable. The Guarantor shall be entitled to invoke only the
RESPONSIBILITY UNDER THE OIL POLLUTION ACT OF 1990 AND THE following rights and defenses in any direct action:
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, (1) The incident, release, or threatened release
AND LIABILITY ACT, AS AMENDED was caused by the willful misconduct of the
Operator.
(2) Any defense that the Operator may raise
1. under the Acts.
(Name of Vessel Operator) (3) A defense relating to the amount of a
claim or claims, filed in any action in any court
the operator of each vessel named in the annexed schedules or other proceeding, that exceeds the amount of
("covered vessel"), desires to establish evidence of financial this Guaranty with respect to an incident or with
responsibility for the owner and operator (referred to respect to a release or threatened release.
collectively as "Operator") of each covered vessel in accordance (4) A defense relating to the amount of a
with the Oil Pollution Act of 1990 ("OPA 90") and the claim or claims that exceeds the amount of this
Comprehensive Environmental Response, Compensation, and Liability Guaranty, which amount is based on the gross
Act, as amended ("CERCLA") (referred to collectively as the tonnage of the covered vessel as entered on the
"Acts"). The undersigned Financial Guarantor or Guarantors Vessel's International Tonnage Certificate or other
("Guarantor") hereby guarantees, subject to the provisions official, applicable certificate of measurement,
hereof, to discharge the Operator's liability with respect to except where the guarantor knew or should have
each covered vessel for costs and damages under section 1002 of known that the applicable certificate was
OPA 90, as limited by section 1004(a), or section 107(a)(1) of incorrect.
CERCLA, as limited by sections 107(c)(1)(B) and (A), or both, in (5) The data is not one made under either of
an amount equal to the total applicable amount determined in the Acts.
accordance with the Applicable Amount Table below. The Operator
and the Guarantor agree that if at the time of an incident, 3. The Guarantor's liability under this Guaranty shall
release, or threatened release a .covered vessel is a tank vessel attach only in relation to each incident, release, or threatened'
or is carrying a hazardous substance as cargo, the limit of release occurring on or after the effective date and before the
liability of the Guarantor hereunder -shall be the total termination data of this Guaranty. The effective data of this
applicable amount appropriate for such a vessel determined in Guaranty for each covered vessel listed below is the date the
accordance with the Applicable Amount Table below. The amount vessel is named in or added to the schedules below. For each
and scope of the Guarantor's liability are not further covered vessel, the termination date of the Guaranty is 30 days
conditioned or dependent in any way upon any contract, agreement, after the date of receipt by the Center of written notice that
or understanding between the Operator and the Guarantor. The the Guarantor has elected to terminate this Guaranty, with
Guarantor shall furnish written notice to the Director, Coast respect to any of the covered vessels, and has so notified the
Guard National Pollution Funds Center ("Center"), of all vessel Operator identified above on the schedule below.
judgments rendered and payments made by the Guarantor under this Termination of this Guaranty as to any vessel does not affect the
Financial Guaranty. liability of the Guarantor in connection with an incident,
release, or threatened release occurring prior to the data the
2. Any claim, including any claim by right of subrogation, termination becomes effective.
against the Operator for costs and damages arising under either
section 1002 of OPA 90 as limited by section 1004(a), or section 4. If, during the currency of this Guaranty, the Operator
107(a)(1) of CERCLA as limited by sections 107(c)(1)(A) and (B), requests that a vessel become subject to this Guaranty, and if
or both, may be brought directly against the Guarantor and the the Guarantor accedes to that request and so notifies the Center
Guarantor consents to suit with respect to these claims. in writing, then that vessel shall be considered Included in
However, in any direct action under OPA 90 the Guarantor's Schedule B as a covered vessel and subject to this Guaranty.
liability per vessel per incident shall not exceed the amount
determined under part I of the Applicable Amount Table below and,
in any direct action under CERCLA the Guarantor's liability per
vessel per release or threatened release shall not exceed the amount determined under part II of
the Applicable Amount Table

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

VESSEL TYPE VESSEL'S GROSS TONS APPLICABLE


AMOUNT
as the Guarantor's agent in the United States for service of
process for purposes of this Guaranty and for receipt of notices
Tank vessel Over 300 gross tons* The greater of
of designation and presentations of claims under the Acts. If
(except a tank vessel but not to exceed $2,000,000 or
the designated agent cannot be served due to death, disability or
on which liquid 3,000 gross tons. $1,200 per gross ton.
unavailability, the Director, Coast Guard National Pollution
hazardous material
Funds Center, is the agent for service of process.
in bulk is being
6. No more than four Financial Guarantors nay execute this carried as cargo or
Guaranty. If more than one Guarantor executes this Guaranty, cargo residue, and on
each Guarantor binds itself jointly and severally for the purpose which the only oil
of allowing a Joint action or actions against any or all of the carried as cargo or
Guarantors, and for all other purposes each Guarantor binds cargo residue is an
itself. Jointly and severally with the Operator, for the payment animal fat or
of the percentage of sums only as is set forth opposite the name vegetable oil as
of the Guarantor. It no limit is indicated for a Guarantor or these terms are used
Guarantors, the liability of such Guarantor or Guarantors shall in section 2 of the
be Joint and several for the total of the unspecified portions. Edible Oil Regulatory
Reform act ( Pub. L.
104-55)).
(Name of Lead Guarantor) ------------------ ------------------------- ---------------------------

Tank vessel Over 3,000 gross The greater of


(except a tank vessel tons. 810,000,000 or
is designated as the lead guarantor having authority to bind all on which the liquid $1,200 per gross ton.
guarantors for actions of guarantors under the Acts, including hazardous material
but not limited to receipt of designation of source. in bulk is being
advertisement of a designation, and receipt and settlement of carried as cargo or
claims (inapplicable if only one Financial Guarantor executes cargo residue, and on
this Guaranty). which the only oil
carried as cargo or
7. Title 33 CFR part 138 governs this Financial Guaranty. cargo residue is an
animal fat or
EFFECTIVE DATE:
vegetable oil, as
(Month/Day/Year and Place of Execution)
those terms are used
in section 2 of the
(Typed Name of Guarantor) Edible Oil Regulatory
Reform Act (Pub. L.
104-55)).
(Address of Guarantor) ------------------ ------------------------- ---------------------------

Vessel other Over 300 gross tons. The greater of


than a tank * $500,000 or
vessel $600 per gross ton.
(Percentage of Participation)
* 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
By:
(Signature) the United States ( as specified 33 CFR 138.12 (a)(i)).

(Type Name and Title of Person Signing Above)

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

VESSEL TYPE APPLICABLE AMOUNT VESSELS INITIALLY LISTED


Vessel over 300 gross tons The greater of
carrying hazardous substance $5,000,000 or VESSEL GROSS TONS OPERATOR
as cargo $300 per gross ton.

--------------------------- ---------------------------
Any other vessel over 300 The greater of
gross tons $500,000 or
$300 per gross ton.

(III) Total Applicable Amount = Maximum applicable amount calculated under


(I) plus maximum applicable amount calculated under (II).

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

MASTER FINANCIAL 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

1.
(Name of Builder, Repairer, Scrapper, Lessor, or Seller)

is in, or from time to time may come into, possession of a vessel


or vessels ("Vessel* or "Vessels") held for purposes of
construction, repair, scrapping, lease, or sale, and desires to
establish evidence of financial responsibility for itself and any
owner (collectively referred to as "Operator") of each Vessel In
accordance with the Oil pollution Act of 1990 ("OPA 90") and the
Comprehensive Environmental Response, Compensation, and Liability
Act, as amended ("CERCLA") (referred to collectively as the
"Acts"). The undersigned Financial Guarantor or Guarantors
("Guarantor") hereby guarantees, subject to the provisions
hereof, to discharge the Operator's liability with respect to
each Vessel for costs and damages under section 1002 of OPA 90.
as limited by section 1004(a), or section 107(a)(1) of CERCLA, as
United by sections 107(c)(1)(A) and (B), or both, in an amount
equal to the total applicable amount determined in accordance
with the Applicable Amount Table below. The Operator and the
Guarantor agree that if at the time of an incident, release, or
threatened release a covered vessel is a tank vessel or is
carrying a hazardous substance as cargo, the limit of liability
Financial
of the Guarantor hereunder shall be the total applicable amount
guaranty No.
appropriate for such vessel determined in accordance with the
Applicable Amount Table below. The amount and scope of liability
are not further conditioned or dependent in any way upon any
contract, agreement or understanding between the Operator and the
Guarantor. The Guarantor shall furnish written notice to the
Director, Coast Guard National Pollution Funds Center ("Center").
of all judgments rendered and payments made by the Guarantor
under this Financial Guaranty.
2. Any claim, including any claim by right of subrogation,
against the Operator for costs and damages arising under either
section 1002 of OPA 90 as limited by section 1004(a), or section
107(a)(1) of CERCLA as limited by sections 107(c)(1)(A) and (B),
or both, may be brought directly against the Guarantor and the
Guarantor consents to suit with respect to these claims.
However, in any direct action under OPA 90 the Guarantor's

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

as the Guarantor's agent in the United States for service of


process for purposes of this Guaranty and for receipt of notices
3
2
APPLICABLE AMOUNT TABLE (II) Applicable Amount Under the Comprehensive Environmental
(I) Applicable Amount Under the Oil Pollution Act of 1990 Response, Compensation, and Liability Act, as Amended.

VESSEL TYPE APPLICABLE AMOUNT


APPLICABLE
VESSEL TYPE VESSEL'S GROSS TONS
AMOUNT
Vessel over 300 gross tons The greater of
Tank vessel Over 300 gross tons* carrying hazardous substance $5,000,000 or
The greater of as cargo $300 per gross ton.
but not to exceed
(except a tank vessel $2,000,000 or
3,000 gross tons.
on which no liquid $1,200 per gross ton. --------------------------- ---------------------------
Any other vessel over 300 The greater of
hazardous materials gross tons $500,000 or
in bulk is being $300 per gross ton.
carried as cargo or
cargo residue, and on
which the only oil
carried as cargo or
cargo residue is an (III) Total Applicable Amount = Maximum applicable amount calculated under
animal fat or (I) plus maximum applicable amount calculated under (II).
vegetable oil, as
those terms are used
in section 2 of the
Edible Oil Regulatory
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 oil
vegetable oil, as
these terms are used
in section 2 of the
Edible Oil Regulatory CG-5586-4
Reform Act ( Pub. L. 5
104-55))
---------------- ------------------------- ---------------------------
[FR Doc. 96-5238 Filed 3-6-96, 8:45 am]
Vessel other Over 300 gross tons. The greater of
than a tank * $500,000 or
vessel $600 per gross ton.
(specified above)
* 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 130.12 (a)(i)).

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,

PAGE 1 33 CFR PART 140


163
M.E.T. PUBLICATION 515 — 5TH EDITION
or other services to the operation being conducted on the facility. permanently or temporarily attached to the subsoil or seabed of the Outer
Commandant means Commandant of the Coast Guard or that person's Continental Shelf, erected for tile purpose of exploring for, developing, or
authorized representative. producing resources therefrom, or any such installation or other device
Development means those activities which take place following (other than a ship or vessel) for the purpose of transporting such resources.
discovery of minerals in paying quantities, including, but not limited to, The term includes mobile offshore drilling units when in contact with the
geophysical activity, drilling, and platform construction, and which are for seabed of the OCS for exploration or exploitation of subsea resources. The
the purpose of ultimately producing the minerals discovered. term does not include any pipeline or deepwater port (as the term
District Commander means an officer who commands a Coast Guard "deepwater port" is defined in section 3 (10) of the Deepwater Port Act of
District described in part 3 of this chapter or that person's authorized 1974 (33 U.S.C. 1502)).
representative. Owner means a person holding title to or, in the absence of title, other
Exploration means the process of searching for minerals, including, but indicia of ownership of a unit; however, this does not include a person who
not limited to, (1) geophysical surveys where magnetic, gravity, seismic, or holds indicia of ownership primarily to protect a security interest in the unit
other systems are used to detect or imply the presence of such minerals, and and does not participate in the management or operation of the unit
(2) any drilling, whether on or off known geological structures, including Person means an individual, association, partnership, consortium, joint
the drilling of a well in which a discovery of oil or natural gas in paying venture, private, public, or municipal firm or corporation, or a government
quantities is made and the drilling of any additional delineation well after entity.
the discovery which is needed to delineate any reservoir and to enable the Person in charge means the master or other individual designated as
lessee to determine whether to proceed with development and production. such by the owner or operator under §146.5 of this subchapter or 46 CFR
Fixed OCS facility means a bottom founded OCS facility permanently 109.107.
attached to the seabed or subsoil of the OCS, including platforms, guyed Personnel means individuals who are employed by leaseholders, permit
towers, articulated gravity platforms, and other structures. holders, operators, owners, contractors, or subcontractors and who are on
Floating OCS facility means a buoyant OCS facility securely and a unit by reason of their employment
substantially moored so that it cannot be moved without a special effort Production means those activities which take place after the successful
This term includes tension leg platforms and permanently moored completion of any means for the removal of minerals, including, but not
semisubmersibles or shipshape hulls but does not include mobile offshore limited to, such removal, field operations, transfer of minerals to shore,
drilling units and other vessels. operation monitoring, maintenance, and workover.
Investigating officer means a person assigned by the Commandant, a Rebuilt means having had substantial alteration or reconstruction of the
District Commander, or an Officer in Charge, Marine Inspection, to hull or principal structural component
conduct an investigation of an accident, casualty, or other incident Standby vessel means a vessel meeting the requirements of Part 143,
Manned facility means an OCS facility on which people are routinely Subpart E, of this chapter and specifically designated in an Emergency
accommodated for more than 12 hours in successive 24 hour periods. Evacuation Plan under §§146.140 or 146.210 of this chapter to provide
Manned platform means a fixed OCS facility on which people are rapid evacuation assistance in the event of an emergency.
routinely accommodated for more than 12 hours in successive 24 hour Unit means any OCS facility, vessel, rig, platform, or other vehicle or
periods. structure, domestic or foreign.
Marine inspector means a person designated as such by an Officer in Unmanned facility means an OCS facility, other than a floating facility
Charge, Marine Inspection, to perform inspections of units to determine or mobile offshore drilling unit, which is not a manned facility even though
whether or not the requirements of laws administered by the Coast Guard it may be continuously serviced by an attending vessel.
and of Coast Guard regulations are met. Unmanned platform means a fixed, bottom-founded OCS facility which
Minerals includes oil, gas, sulphur, geopressured-geothermal and is not a manned facility even though it may be continuously serviced by an
associated resources, and all other minerals which are authorized by an Act attending vessel.
of Congress to be produced from "public lands" as denned in section 103 of Vessel means every description of watercraft or other artificial
the Federal Lands Policy and Management Act of 1976 (43 U.S.C. contrivance used, or capable of being used, as a means of transportation on
1702(e)). water.
Mobile offshore drilling unit or MODU means a vessel, other than a [CGD78-160, 47 FR 9376, Mar.4,1982, as amended by CGD 79-077, 51 FR
public vessel of the United States, capable of engaging in drilling 25059, July 10, 1986; CGD 84-098b, 54 FR 21571, May 18, 1989]
operations for exploration or exploitation of subsea resources.
Officer in Charge, Marine Inspection means a person who commands a 140.15 Equivalents and approved equipment
Marine Inspection Zone described in Part 3 of this chapter and who is (a) The use of alternate equipment or procedures for those specified in
immediately responsible for the performance of duties with respect to this subchapter may be permitted by an Officer in Charge, Marine
inspections, enforcement and administration of regulations governing units. Inspection, to the extent and upon conditions as will insure a degree of
Operator means— safety comparable to or greater than that provided by the minimum
(1) In the case of a vessel, a charterer by demise or any other person standards in this subchapter.
who is responsible for the operation, manning, victualing, and supplying of (b) Where equipment in this subchapter is required to be of an approved
the vessel; or type, the equipment requires the specific approval of the Commandant
(2) In the case of an OCS facility, the operator as defined in 30 CFR Approvals are published in the Federal Register and COMDTINST
250.2(gg). M167143 (Series) Equipment List, available from Commandant (G-MSE),
Outer Continental Shelf at OCS means all submerged lands lying U.S. Coast Guard, Washington, DC 20593-0001.
seaward and outside of the area of "lands beneath navigable waters" as (c) Specifications for certain items required to be of an approved type
defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)) are contained in 46 CFR Parts 160 through 164.
and of which the subsoil and seabed appertain to the United States and are [CGD78-160, 47 FR 9376, Mar.4, 1982, as amended at CGD 88-052, 53 FR
subject to its jurisdiction and control. 25121,July 1, 1988; 61 FR 33660, June 28, 1996]
OCS activity means any offshore activity associated with exploration for,
or development or production of, the minerals of the Outer Continental
140.20 Delegations.
Shelf.
(a) Each District Commander is responsible for the administration and
OCS facility means any artificial island, installation, or other device
33 CFR PART 140 PAGE 2
164
M.E.T. PUBLICATION 515 — 5TH EDITION
enforcement of the regulations in this subchapter within that person's regulations in this subchapter, or
assigned district (6) Reveals any data or information required to be kept confidential by
(b) Under the general superintendence of the District Commander, the the Act shall, upon conviction, be punished by a fine of not more than
Officer in Charge, Marine Inspection, is delegated authority to administer $100,000, or by imprisonment for not more than ten years, or born. Each
and enforce the regulations in this subchapter. day that a violation under paragraph (b)(1), (b)(2), or (b)(3) of this section
(c) Authority delegated under this section may be redelegated as continues, or each day that any monitoring device or data recorder remains
necessary by the delegate. inoperative or inaccurate because of any activity described in paragraph
(b)(5) of this section, constitutes a separate violation.
140.25 Appeals. (c) Whenever a corporation or other entity is subject to prosecution
(a) Any person directly affected by an action or decision of an Officer under paragraph (b) of this section, any officer or agent of the corporation
in Charge, Marine Inspection, under the Act or the regulations in this or entity who knowingly and willfully authorized, ordered, or carried out
subchapter may request reconsideration of that action or decision. If still the prescribed activity shall be subject to the same fines or imprisonment or
dissatisfied, that person may appeal the action or decision of the Officer in both, as provided for under paragraph (b) of this section.
Charge, Marine Inspection, within 30 days to the District Commander of (d) The penalties prescribed in this section are concurrent and
the District in which the action was taken or the decision made. The cumulative and the exercise of one does not preclude the exercise of the
District Commander issues a decision after reviewing the appeal submitted others. Further, the penalties prescribed in this section are in addition to
under this paragraph. any other penalties afforded by any other law or regulation.
(b) Any person not satisfied with the decision of a District Commander
may appeal that decision within 30 days to the Commandant, who issues 140.40 Processing penalty cases.
a ruling after reviewing the appeal submitted under this paragraph. Rulings Apparent violations of the regulations in this subchapter are processed
of the Commandant constitute final agency action. in accordance with subpart 1.07 of 33 CFR part 1 on civil and criminal
(c) An appeal to the District Commander or Commandant penalty proceedings, except as follows:
(1) Must be made in writing, except in an emergency when an oral appeal (a) The District Commander refers civil penalty cases to the Secretary of
may be accepted; the Interior, or that person's delegate, who, under the Act, assesses,
(2) Must be submitted to the District Commander of the District in which collects, and compromises civil penalties.
the action was taken or the decision made; (b) If a possible violation investigated by the Coast Guard carries both
(3) Must describe the decision or action being appealed; a civil and a criminal penalty, the District Commander determines whether
(4) Must state the reasons why the action or decision should be set aside to refer the case to the U.S. Attorney for criminal prosecution or to the
or modified; and Secretary of the Interior, or that person's delegate, for civil penalty
(5) May contain any supporting documents and evidence that the proceedings.
appellant wishes to have considered. (c) When the U.S. Attorney declines to institute criminal proceedings,
(d) Pending determination of any appeal, the action or decision appealed the District Commander decides whether to refer the case to the Secretary
remains in effect, unless suspended by the District Commander to whom of the Interior, or that person's delegate, for civil penalty proceedings or to
the appeal was made or by the Commandant close the case.

140.30 Judicial review. Subpart B—Inspections


(a) Nothing in this subchapter shall be construed to prevent any
interested party from seeking judicial review as authorized by law. 140.101 Inspection by Coast Guard marine inspectors.
(b) Judicial review of the regulations in this subchapter, or any final (a) Each unit engaged in OCS activities is subject to inspection by the
ruling or order of the Commandant or that person's delegate pursuant to the Coast Guard.
Act or the regulations in this subchapter, is governed by the judicial review (b) Under the direction of the Officer in Charge, Marine Inspection,
provisions of section 23 of the Act (43 U.S.C. 1349). marine inspectors may inspect units engaged in OCS activities to determine
whether the requirements of this subchapter are met These inspections may
140.35 Sanctions. be conducted with or without advance notice at any time deemed necessary
(a) Any person who fails to comply with: by the Officer in Charge, Marine Inspection.
(1) Any provision of the Act; (c) As part of an inspection, a marine inspector may review records and
(2) Any regulation in this subchapter, or require and observe the conduct of emergency drills and other tests and
(3) Any order issued under the Act or the regulations in this subchapter procedures as may be necessary to demonstrate to that person's satisfaction
by the Commandant, a District Commander, or an Officer in Charge, that the unit and its equipment are in full compliance with applicable Coast
Marine Inspection, after notice of the failure and after expiration of any Guard regulations. The marine inspector consults with the person in charge
reasonable period allowed for corrective action, shall be liable for a civil of the unit before requiring a drill or other test or procedure to be
penalty of not more than $10,000 for each day of the continuance of the conducted to minimize disruption of unit activities and risk to life or
failure. property.
(b) Any person who knowingly and willfully: (d) Coast Guard inspections of foreign units recognize valid international
(1) Violates any provision of the Act; certificates accepted by the United States, including Safety of Life at Sea
(2) Violates any regulation in this subchapter designed to protect health, (SOLAS), Leadline, and Mobile Offshore Drilling Unit (MODU) Code
safely, or the environment; certificates for matters covered by the certificates, unless there are clear
(3) Violates any order of the Commandant, District Commander, or grounds for believing that the condition of the unit or its equipment does
Officer in Charge, Marine Inspection, issued under the Act or the not correspond substantially with the particulars of the certificate.
regulations in this subchapter that is designed to protect health, safety, or (e) Coast Guard marine inspectors conduct an initial inspection of each
the environment; fixed OCS facility installed after June 27, 1988, to determine whether the
(4) Makes any false statement representation, or certification in any
application, record, report, or other document filed or required to be
maintained under the Act or the regulations in this subchapter;
(5) Falsifies, tampers with, or renders inaccurate any monitoring device

or method of record required to be maintained under this Act or the

PAGE 3 33 CFR PART 140


165
M.E.T. PUBLICATION 515 — 5TH EDITION
facility is in compliance with the requirements of this subchapter. (3) Calling and examing witnesses; and
[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 84-98a, 53 FR (4) Submitting or requesting additional evidence.
18980, May 26, 1988] (c) Reports of investigations conducted under this subchapter shall be
made available to parties to the investigation and the public upon
completion of agency action.
140.105 Correction of deficiencies and hazards.
(a) Lifesaving and fire fighting equipment which is found defective
during an inspection and which, in the opinion of the inspector, cannot be 140.205 Subpoenas.
satisfactorily repaired must be so mutilated in the presence of the inspector (a) In any investigation conducted pursuant to this subchapter, the
that it cannot be used for the purpose for which it was originally intended. investigating officer shall have the power to administer necessary oaths,
Lifesaving and fire fighting equipment subsequently determined to be subpoena witnesses, and require the production of books, papers,
unrepairable must be similarly mutilated in the presence of the person documents, and any other evidence.
making that determination. (b) Attendance of witnesses or the production of books, papers,
(b) Any deficiency or hazard discovered during an inspection by a Coast documents, or any other evidence shall be compelled by a process similar
Guard marine inspector is reported to the unit's owner or operator, who to that used in the District Courts of the United States.
shall have the deficiency or hazard corrected or eliminated as soon as
practicable and within the period of time specified by the Coast Guard
marine inspector.
(c) Deficiencies and hazards discovered during an inspection of a fixed
OCS facility under §140.103(a) must be corrected or eliminated, if
practicable, before the Form CG-5432 is submitted to the Officer in
Charge, Marine Inspection (OCMI). Deficiencies and hazards that are not
corrected or eliminated by the time the Form is submitted must be indicated
on the Form as "outstanding." For lifesaving and firefighting equipment
deficiencies that cannot be corrected before the submission of Form CG-
5432, the owner or operator shall contact the OCMI to request a time
period for repair of the item. The owner or operator shall include a
description of the deficiency and the time period specified by the OCMI for
correction of the deficiency in the comment section of Form CG-5432.
Upon receipt of a Form CG-5432 indicating outstanding deficiencies or
hazards, the OCMI informs, by letter, the owner or operator of the fixed
OCS facility of the deficiencies or hazards and the time period specified to
correct or eliminate the deficiencies or hazards.
(d) Where a deficiency or hazard remains uncorrected or uneliminated
after the expiration of the time specified for correction or elimination, the
Officer in Charge, Marine Inspection, initiates appropriate enforcement
measures.
[CGD 84-098a, 53 FR 18981, May 26, 1988]

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.

140.203 Investigation procedures.


(a) Insofar as practicable, investigations conducted pursuant to this
subchapter shall follow the procedures of 46 CFR Part 4.
(b) Representatives of the U.S. Geological Survey may participate in
these investigations. This participation may include, but is not limited to:
(1) Participating in a joint on-scene investigation;
(2) Making recommendations concerning the scope of the investigation;

33 CFR PART 140 PAGE 4


166
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 Commandant's determination
(Information collection requirements contained in paragraph (c) were
CODE OF FEDERAL REGULATIONS approved by the Office of Management and Budget under OMB control
PART 141 - PERSONNEL number 2130-0182)

[ 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 1 33 CFR PART 141


167
M.E.T. PUBLICATION 515 — 5TH EDITION
quirements in effect on September 18, 1978 provide that a person other applicant is a citizen of the United States:
than a citizen of the United States or a resident alien is to be employed on (1) A Certificate of Derivative Citizenship or a Certificate of
a particular unit Naturalization of either parent and a birth certificate of the applicant or
(2) When there is not a sufficient number of citizens of the United States other evidence satisfactorily establishing that the applicant was under 21
or resident aliens qualified and available for the work. years of age at the time of the parent's naturalization.
(3) When the President determines with respect to a particular unit that (2) An original or certified copy of a birth certificate from a political
the employment of only citizens of the United States or resident aliens is jurisdiction outside the United States which demonstrates citizenship status.
not consistent with the national interest (3) A Baptismal certificate or parish record recorded within one year
(b) The request must be in writing, identify the provision of paragraph afterbirth.
(a) of this section relied upon, and: (4) A statement of a practicing physician certifying that the physician
(1) If involving specific contractual provisions under paragraph (a)(1) of attended
this section, list the persons claimed exempt and contain a copy of the the birth and has a record snowing the date on which the birth occurred.
contract; (5) A commission, or evidence of commission, in the Armed Forces of
(2) If involving persons without an H-2 Visa under paragraph (a)(2) of the United States which shows the holder to be a citizen of the United
this section, list the persons or positions sought to be exempted; or Stales.
(3) If under paragraph (a)(3) of this section, identify the unit involved (6) A continuous discharge book or certificate of identification issued by
and contain any information in support of the claim. the Coast Guard or the former Bureau of Marine Inspection, provided the
(c) Requests must be submitted to the Commandant (G-MOC), U.S. document shows that the applicant produced satisfactory evidence of
Coast Guard Headquarters, 2100 2nd Street, SW., Washington, D.C. 20593. citizenship at the time the document was issued.
(d) Upon receipt of a request under paragraph (a)(2) of this section, the (7) A delayed certificate of birth issued under a state seal, provided there
Coast Guard seeks information from the Department of Labor concerning are no collateral facts indicating fraud in its procurement
whether there are citizens of the United States or resident aliens qualified (8) A report of the Census Bureau showing the earliest available record
and available for work. If information is provided that citizens of the of the applicant's age or birth.
United States or resident aliens are qualified and available, the employer (9) Affidavits of parents, relatives, or two or more responsible citizens
may be required to seek their employment before the request is approved. of the United States, school records; immigration records; insurance
(e) Upon receipt of a request under paragraph (a)(3) of this section and policies; or other records which support the citizenship claim.
after consulting with other Federal agencies as appropriate, the (c) In any case where doubt exists concerning evidence of citizenship
Commandant forwards the request and the comments of the Coast Guard submitted under paragraph (b) of this section, the Officer in Charge,
and other interested agencies to the President for determination. Marine Inspection, may refer the matter to the United States Immigration
(f) Upon approval by the President for request under paragraph (a)(3) of and Naturalization Service for an advisory opinion.
this section or by the Coast Guard for all other requests, the Coast Guard (d) If the documents submitted under paragraph (b) of this section are
issues a certification of the exemption. A certification issued under determined by the Officer in Charge, Marine Inspection, to be sufficient
paragraph (a)(2) of this section is valid for one year from the date of evidence that the applicant is a citizen of the United Stales, the Coast
issuance. Guard issues the applicant a letter acknowledging this determination.
(g) If, within 30 days of receipt by the Coast Guard of a request under (Approved by the Office of Management and Budget under OMB
paragraph (a)(2) of this section, the Coast Guard does not make a control number 2130-0182)
determination or advise the employer that additional time for consideration
is necessary, the request is considered approved for a period of 90 days 141.30 Evidence of status as a resident alien.
from the end of the 30 day period. The employer may accept as sufficient evidence that a person is a resident
(h) A request need not be submitted for persons who are not citizens of alien any one of the following documents and no others:
the United States or resident aliens and who: (a) A merchant mariner's document issued by the Coast Guard under 46
(1) Are employed under the national registry manning requirements CFR Part 12.
exception in paragraph (a)(1) of this section; or (b) An alien registration receipt card issued by the Immigration and
(2) Have been classified and admitted to the United States as temporary Naturalization Service certifying that the card holder has been admitted to
workers under 8 U.S.C. 1101(a)(15)(H)(ii) for work in a position for which the United States as an immigrant
admitted. (c) A declaration of intention to become a citizen of the United States
(Approved by the Office of Management and Budget under OMB issued by the a Naturalization Court
control number 2130-0182)
[61 FR 33660, June 28, 1996]
141.35 Records to be kept by the employer.
(a) The employer of personnel subject to this subpart shall maintain, and
141.25 Evidence of citizenship. make available to the Coast Guard upon request, a record identifying which
(a) The employer may accept as sufficient evidence that a person is a of the documents listed in §§141.25 and 141.30 were relied upon for each
citizen employee. The record must consist of either a copy of the document or the
of the United Stales any one of the following documents and no others: following information on the document
(1) A merchant mariner's document issued by the Coast Guard under 46 (1) For a merchant mariner's document or a United States passport, the
CFR Part 12 which shows the holder to be citizen of the United States. document's title and identification number.
(2) An original or certified copy of a birth certificate or birth registration (2) For a birth certificate or birth registration, the document's title and
issued by a state or the District of Columbia. the employee's date and place of birth.
(3) A United States passport. (3) For all other documents listed in §§141.25 and 141.30, the document's
(4) A Certificate of Citizenship issued by the Immigration and title and date and place of issuance.
Naturalization Service. (b) The employer of personnel subject to this subpart shall maintain a
(5) A Certificate of Naturalization issued by a Naturalization Court. written list of the positions that make up the regular complement of the unit
(6) A letter from the Coast Guard issued under paragraph (d) of this
and the name and nationality of the individual filling each employee
section.
position. This list may be in summary form and any simple format
(b) If a person does not have one of the documents listed in paragraphs
(Approved by the Office of Management and Budget under OMB
(a)(1) through (a)(6) of this section, that person may appear in person
control number 2130-0182)
before an Officer in Charge, Marine Inspection, and submit one or more of
the following documents which may be considered as evidence that the

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]

PAGE 1
33 CFR PART 142
169
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.

142.45 Personal flotation devices.


Personnel, when working in a location such that, in the event of a fall,
they would likely fall into water, shall wear a work vest that meets the
requirements of 33 CFR 146.20 or a life preserver that meets the
requirements of 46 CFR 160.002, 160.005, or 160.055, except when using
the safety belts and lifelines required by §142.42.

142.48 Eyewash equipment.


Portable or fixed eyewash equipment providing emergency relief must
be immediately available near the drill floor, mudrooms, and other areas
where there is a reasonable probability that eye injury may occur.
[CGD 79-077, 51 FR 28381, Aug. 7, 1986]

Subpart C—General Workplace Conditions

142.81 Purpose and applicability.


This subpart prescribes requirements relating to general working
conditions on OCS facilities.

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]

142.87 Guarding of deck openings.


Openings in decks accessible to personnel must be covered, guarded, or

33 CFR PART 142


PAGE 2
170
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 143.205 Requirements for VS. and undocumented MODUs.
Each mobile offshore drilling unit that is documented under the laws of
CODE OF FEDERAL REGULATIONS the United States or not documented under the laws of any nation must
PART 143 - DESIGN AND EQUIPMENT comply with the design, equipment, and inspection requirements of 46 CFR
parts 107 and 108 in order to engage in OCS activities

[ 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.

143.201 Existing MODUs exempted from new design requirements.


Any mobile offshore drilling unit built before, under construction on, or
contracted for prior to April 5, 1982 is not required to meet the design
requirements of this subpart until the unit is rebuilt Until rebuilt, the unit
must continue to comply with the design requirements applicable to the unit
on April 4, 1982
[CGD 78-160, 47 FR 11011, Mar. 15, 1982]

33 CFR PART 143


PAGE 1
171
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 a watch or work station for a person whose cabin, stateroom, or berthing
area (and the exposure suits stowed in that location) is readily accessible
CODE OF FEDERAL REGULATIONS to the station
PART 144 - LIFESAVING APPLIANCES (c) Each exposure suit on a MODU must be of a type approved under
46 CFR 160 071
(d) Each exposure suit must have a personal flotation device light that
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." is approved under 46 CFR 161.012. Each light must be securely attached
However, we reprinted only those subparts and sections of concern to foreign to the front shoulder area of the exposure suit
vessels. If you need additional information listed in this Table of Contents that does (e) Each exposure suit on a MODU must be provided with a whistle of
not appear in the pages that follow, please write or fax us. We will be glad to furnish the ball type or multi-tone type, of corrosion resistant construction, and in
this information for a small service charge.] good working order. The whistle must be attached to the exposure suit by
a lanyard without hooks, snaps, clips, etc., that is long enough to permit the
TABLE OF CONTENTS whistle to reach the mouth of the wearer. If the lanyard allows the whistle
to hang below the waist of the wearer, the whistle must be stowed in a
Subpart 144.01—Manned Platforms pocket on the exposure suit, or with the lanyard coiled and stopped off.
144.01-1 Life floats (f) No stowage container for exposure suits may be capable of being
144.01-5 Location and launching of life floats locked
144.01-10 Equipment for life floats [CGD 82-075b, 49 FR 4377, Feb. 6, 1984, as amended by CGD 84-090, 50 FR
144.01-15 Alternates for life floats. 3904,Jan. 23, 1985]
144.01-20 Life preservers
144.01-25 Ring life buoys. Subpart 144.30—Requirements for Foreign
144.01-30 First-aid kit MODU's
144.01-35 Litter.
AUTHORITY: Sec 4, 67 Stat. 462 (43 U.S.C. 1333) as amended; 49
144.01-40 Emergency communications equipment
CFR 1.46(z)
Subpart 144.10—Unmanned Platforms
144.10-1 Lifesaving equipment 144.30-1 Applicability.
This subpart applies to each MODU engaged in OCS activities that is
144.10-10 Other lifesaving equipment
documented under the laws of a foreign nation
Subpart 144.20—Requirements for VS. and Undocumented MODU's [CGD 82-075b, 49 FR 4377, Feb. 6, 1984]
144.20-1 Applicability
144.20-5 Exposure suits. 144.30-5 Exposure suits.
Each foreign MODU must meet the requirements of §144.20-5 of this
Subpart 144.30—Requirements for Foreign MODU's chapter, except as follows:
144.30-1 Applicability. (a) Exposure suits (immersion suits, survival suits, etc.) approved by the
144.30-5 Exposure suits nation under which the MODU is documented may be used in lieu of suits
approved under 46 CFR 160.071, provided that they are accepted by the
AUTHORITY: 43 U.S C. 1333d; 46 U.S.C. 3102(a); 46 CFR 1.46. Commandant as providing equivalent thermal protection to the wearer.
(Requests for acceptance of such suits should be sent to Commandant, U.S.
Coast Guard, (G-MSE), Washington, DC 20593-0001, along with technical
Subpart 144.20—Requirements for U.S. and data supporting the thermal performance of the suits.)
Undocumented MODU's. (b) Personal flotation device lights approved by the nation under which
AUTHORITY: Sec 4, 67 Stat. 462 (43 U.S.C. 1333) as amended; 49 the MODU is documented may be used in lieu of lights approved under 46
CFR 1.46(z). CFR 161.012.
[CGD 82-075b, 49 FR 4377, Feb.6, 1984, as amended by CGD 88-052, 53FR
25121, July 1, 1988; 61 FR 33660, June 28, 1996]
144.20-1 Applicability
This subpart applies to each MODU operating on the OCS that is not
inspected under 46 CFR subchapter I-A
[CGD 82-075b, 49 FR 4377, Feb. 6, 1984]

144.20-5 Exposure suits.


This section applies to each MODU except those operating south of 32
degrees North latitude in the Atlantic Ocean or south of 35 degrees Norm
latitude in all other waters.
(a) Each MODU must carry an exposure suit for each person on board.
The exposure suit must be stowed in a readily accessible location in or near
the berthing area of the person for whom the exposure suit is provided
(b) In addition to the exposure suits required by paragraph (a) of this
section, each watch station and work station must have enough exposure
suits to equal the number of persons normally on watch in, or assigned to,
the station at one tune However, an exposure suit need not be provided at

33 CFR PART 144 PAGE 1


172
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) The types of fire will be designated as follows
TITLE 33 (1) "A" for fires in ordinary combustible materials where the quenching
and cooling effects of quantities of water, or solutions containing large
CODE OF FEDERAL REGULATIONS
percentages of water, are of first importance
PART 145 - FIREFIGHTING EQUIPMENT (2) "B" for fires in flammable liquids, greases, etc, where a blanketing
effect is essential
(3) "C" for fires in electrical equipment where the use of a non-
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." conducting extinguishing agent is of first importance
However, we reprinted only those subparts and sections of concern to foreign (c) The number designations for size will start with "I" for the smallest
vessels. If you need additional information listed in this Table of Contents that to "V" for the largest Sizes I and II are considered portable extinguishers
does not appear in the pages that follow, please write or fax us. We will be glad to Sizes in, IV and V are considered semi-portable extinguishers which shall
furnish this information for a small service charge.] be fitted with suitable hose and nozzle or other practicable means so that
all portions of the space concerned may be covered Examples of size
graduations for some of the typical portable and semi-portable
TABLE OF CONTENTS
extinguishers are set forth in Table 145.05(c)

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]

PAGE 1 33 CFR PART 145


173
M.E.T. PUBLICATION 515 — 5TH EDITION
which the unit will operate of:
TITLE 33 (1) The unit's name, nationality, and designation assigned for
CODE OF FEDERAL REGULATIONS identification under 30 CFR 25037;
PART 146 - OPERATIONS (2) The location and year that the unit was built;
(3) The name and address of the owner, and the owner's local
representative, if any;
(4) Classification or inspection certificates currently held by the unit;
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part."
(5) The location and date that operations are expected to commence and
However, we reprinted only those subparts and sections of concern to foreign
their anticipated duration; and
vessels. If you need additional information listed in this Table of Contents that does
(6) The location and date that the unit will be available and ready for
not appear in the pages that follow, please write or fax us. We will be glad to furnish
inspection by the Coast Guard.
this information for a small service charge.]
(b) Once a unit is located on the OCS, the owner of the unit shall notify
the District Commander before relocating the unit
TABLE OF CONTENTS (c) The information required in paragraphs (a) and (b) of this section
may be provided by telephone or may be submitted together with, and need
Subpart A—OCS Facilities not repeat information contained in, applications and notices under 33 CFR
146.1 Applicability. part 67 for aids to navigation on the Outer Continental Shelf or 33 CFR
146.5 Person in charge. part 135 for applications for certificate of financial responsibility.
146.10 Notice of new facilities.
146.15 Maintenance of emergency equipment 146.203 Requirements for U.S. and undocumented MODUs.
146.20 Work vests Each mobile offshore drilling unit documented under the laws of the
146.30 Notice of casualties United States and each mobile offshore drilling unit that is not documented
146.35 Written report of casualty. under the laws of any nation must comply with the operating standards of
146.40 Diving casualties 46 CFR part 109 when engaged in OCS activities.
146.45 Pollution incidents.
146.205 Requirements for foreign MODUs.
Subpart B—Manned OCS Facilities Each mobile offshore drilling unit that is documented under the laws of
146.101 Applicability a foreign nation must, when engaged in OCS activities, comply with one
146.105 General alarm system. of the following:
146.110 Emergency signals. (a) The operating standards of 46 CFR part 109.
146.115 Duties of personnel during an emergency (b) The operating standards of the documenting nation if the standards
146.120 Manning of survival craft. provide a level of safety generally equivalent to or greater than that
146.125 Emergency drills. provided under 46 CFR part 109.
146.130 Station bill. (c) The operating standards for mobile offshore drilling units contained in
146.135 Markings for emergency equipment
the International Maritime Organization (IMO, formerly Inter-
146.140 Emergency Evacuation Plan. Governmental Maritime Consultative Organization or IMCO) (IMO) Code
for the Construction and Equipment of Mobile Offshore Drilling Units
Subpart C—Mobile Offshore Drilling Units
(IMO Assembly Resolution A. 414(XI)) which has been incorporated by
146.201 Applicability
reference and the requirements of 46 CFR Part 109 for matters not
146.202 Notice of arrival or relocation of MODUs on the OCS
addressed by the Code.
146.203 Requirements for U.S. and undocumented MODUs.
146.205 Requirements for foreign MODUs.
146.210 Emergency Evacuation Plan.
146.210 Emergency Evacuation Plan
(a) Except as otherwise provided in this section, the requirements
Subpart D—Vessels applicable to Emergency Evacuation Plans (EEPs) on manned OCS
146.301 Applicability faculties under §146.140 are applicable to MODUs.
146.303 Notice and written report of casualties. (b) An EEP must be submitted by—
(1) The holder of a lease or permit under the Act for each MODU within
AUTHORITY: 43 U.S.C. 1333(d)(1), 1348(c), 1356, 49 CFR 1.46. the area of the lease or the area covered by the permit, or
SOURCE: CGD 78-160, 47 FR 9383, Mar 4, 1982, unless otherwise noted. (2) The operator under 30 CFR 250.2(gg), if other than the holder of a
lease or permit, for each MODU within the area in which the operator
controls or manages operations.
Subpart C—Mobile Offshore Drilling Units (c) To avoid unnecessary duplication, the EEP may incorporate by
reference pertinent sections of the MODU's operating manual required by
46 CFR 109.121.
146.201 Applicability. (d) In complying with §146.140(d)(7), the EEP must designate the
This subpart applies to mobile offshore drilling units engaged in OCS master or person in charge of the MODU under 46 CFR 109 107 as the
activities individual who is assigned primary responsibility for implementing the
EEP, as it relates to that MODU.
146.202 Notice of arrival or relocation of MODUs on the OCS. [CGD 84-098b, 54 FR 21573, May 18, 1989]
(a) The owner of any mobile offshore drilling unit engaged in OCS
activities shall, 14 days before arrival of the unit on the OCS or as soon Subpart D—Vessels
thereafter as practicable, notify the District Commander for the area in
146.301 Applicability.
This subpart applies to vessels engaged in OCS activities other than

PAGE 1
33 CFR PART 146
174
M.E.T. PUBLICATION 515 — 5TH EDITION

United States vessels already required to report marine casualties under


Subpart 4.05 of 46 CFR part 4 or subpart D of 46 CFR part 109.

146.303 Notice and written report of casualties.


The owner, operator, or person in charge of a vessel engaged in OCS
activities shall ensure that the notice of casualty requirements of §146.30
and tile written report requirements of §146.35 are complied with whenever
a casualty involving the vessel occurs which results in:
(a) Death;
(b) Injury to 5 or more persons in a single incident; or
(c) Injury causing any person to be incapacitated for more than 72 hours.
(Approved by the Office of Management and Budget under OMB control
numbers 2115-0003 and 2115-0004)

33 CFR PART 146


PAGE 2
175
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 or its appurtenances and attending vessels, or the adjacent waters, the
District Commander may inmate appropriate inquiry to determine whether
CODE OF FEDERAL REGULATIONS a safety zone and regulations should be established. In making this
PART 147 - SAFETY ZONES determination, the District Commander considers all relevant safety factors,
including existing or reasonably foreseeable congestion of vessels, the
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." presence of unusually harmful or hazardous substances, and any
However, we reprinted only those subparts and sections of concern to foreign obstructions within 500 meters of the OCS. facility. If the District
vessels. If you need additional information listed in this Table of Contents that does Commander determines that the circumstances warrant the establishment of
not appear in the pages that follow, please write or fax us. We will be glad to furnish a safety zone and regulations the District Commander takes action as
this information for a small service charge.] necessary consistent with the provisions of this part.
(b) Except as provided in paragraph (c) of this section, a safety zone and
necessary regulations may be established concerning any OCS facility
TABLE OF CONTENTS
being constructed, maintained or operated on the Outer Continental Shelf,
following publication of a notice of proposed rule making in the Federal
147.1 Purpose of safely zones Register and after interested parties have been given the opportunity to
147.5 Delegation of authority.
submit comments. A zone and necessary regulations may be in effect
147.10 Establishment of safety zones
during any period when construction equipment and materials are within
147.15 Extent of safety zones.
500 meters of the construction site until the removal of all portions of the
147.1101 Definitions.
facility.
147.1102 Platform GRACE safety zone
(c) A safety zone and necessary regulations may be established without
147.1103 Platform GINA safety zone
public rule making procedures when the District Commander determined
147.1104 Platform ELLEN & ELLY safety zone.
147.1105 Platform HONDO safety zone. that imminent danger exists with respect to the safety of life and property
147.1106 Exxon Santa Ynez offshore storage and treatment vessel moor- on an OCS facility constructed, maintained, or operated on the Outer
Continental Shelf its appurtenances and attending vessels or adjacent
ing safety zone
147.1107 Platform GILDA safety zone. waters A safety zone and regulations may be made effective on the date
147.1108 Platform EDITH safety zone. the rule is published in the Federal Register. However, if circumstances
147.1109 Platform HERMOSA safety zone. require, they may be placed into effect immediately, followed promptly by
147.1110 Platform HARVEST safety zone. publication in the Federal Register. The District Commander may utilize,
147.1111 Platform EUREKA safety zone in addition to broadcast Notices to Mariners, Local Notices to Mariners,
147.1112 Platform HIDALGO safety zone. and Notices to Mariners, newspapers, and broadcasting stations to
147.1113 Platform GAIL safety zone. disseminate information concerning a safety zone and regulations
147.1114 Platform HARMONY safely zone. pertaining thereto. The public may comment concerning the establishment
147.1115 Platform HERITAGE safety zone of a safety zone or regulations under this paragraph. A safety zone or
147.1116 Platform IRENE safety zone. regulations may be modified or withdrawn, as appropriate, based on the
comments received.
AUTHORITY: 14 U.S.C. 85; 33 U.S.C 2071, 49 CFR 1 46 (d) Geographic coordinates expressed in terms of latitude or longitude,
SOURCE: COD 78-160, 47 FR 9386, Mar. 4, 1982, unless otherwise or born, are not intended for plotting on maps or charts whose referenced
noted. horizontal datum is the Norm American Datum of 1983 (NAD 83), unless
such geographic coordinates are expressly labeled NAD 83. Geographic co-
ordinates without the NAD 83 reference may be plotted on maps or charts
reference to NAD 83 only after application of the appropriate corrections
147.1 Purpose of safety zones. that are published on the particular map or chart being used
Safety zones may be established around OCS facilities being constructed, [CGD 78-160, 47 FR 9386, Mar. 4, 1982, as amended by CGD 86-082, 52 FR
maintained, or operated on the Outer Continental Shelf to 33811, Sept. 8, 1987]
promote the safety of life and properly on the facilities, their appurtenances
and attending vessels, and on the adjacent waters within the
147.15 Extent of safety zones.
safety zones. Regulations adopted for safety zones may extend to the
A safety zone establishment under this part may extend to a maximum
prevention or control of specific activities and access by vessels or
distance of 500 meters around the OCS facility measured from each point
persons, and include measures to protect the living resources of the sea
on its outer edge or from its construction site, but may not interfere with
from harmful agents. The regulations do not encompass the operating
the use of recognized sea lanes essential to navigation.
equipment or procedures used in the drilling for and production of oil,
gas, or other minerals, or the transportation of oil, gas, or other
minerals by pipeline except as they relate to the safety of life and 147.1101 Definitions.
property on OCS facilities and on the waters adjacent to OCS facilities Attending vessel. As used in safety zones established in the Eleventh
or to the protection of the living resources of the sea within a safety Coast Guard District, unless otherwise stated, the term "attending vessel"
zone from harmful agents refers to any vessel operated by the owner or operator of a facility located
on the Outer Continental Shelf; which is used for the purpose of carrying
supplies, equipment or personnel to or from the facility, engaged in
147.5 Delegation of authority.
construction, maintenance, alteration or repair of the facility, or which is
The authority to establish safety zones and to issue and enforce safety
used for further exploration, production, transfer or storage of natural
zone regulations in accordance with the provisions of this part is delegated
resources from the seabed beneath the safety zone.
to District Commanders.
[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982, 48 FR 33263, July 21, 1983]
147.10 Establishment of safety zones.
(a) Whenever it comes to the attention of the District Commander that
a safety zone and regulations may be required concerning any OCS facility
being constructed, maintained, or operated on the Outer Continental Shelf

PAGE 1
33 CFR PART 147
176
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

33 CFR PART 147


PAGE 2
177
M.E.T. PUBLICATION 515 — 5TH EDITION

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]

147.1115 Platform HERITAGE safety zone.


(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°-
21'-01"N, 120°-16'-45"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]

147.1116 Platform IRENE safety zone.


(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°-
36'-37.5"N, 120°-43'-46"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
178
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 1 33 CFR PART 150


179
M.E.T. PUBLICATION 515 — 5TH EDITION
150.209 Vessel Traffic Supervisor.
Subpart B—Personnel No person may serve, and the licensee may not use the services of a
person, as a Vessel Traffic Supervisor at a deepwater port unless:
150.201 Applicability. (a) That person presents evidence of:
This subpart prescribes personnel qualifications that apply to each (1) Having performed for one year within the last five years in a capacity
deepwater port. requiring radar plotting and analysis of vessel movement; or
(2) Satisfactory completion of a marine radar operators school acceptable
150.203 General. to the Commandant;
No person may serve and the licensee may not use the services of a (b) The licensee determines that that person knows:
person in the following capacities unless that person reads, writes and (1) The procedures for utilizing the port's radar equipment; and
speaks English. (2) The procedures described in the Operations Manual for
(i) Vessel control; and
(a) Port Superintendent
(ii) Voice radiotelecommunications; and
(b) Cargo Transfer Supervisor.
(c) The licensee designates that person as Vessel Traffic Supervisor and
(c) Cargo Transfer Assistant
(d) Vessel Traffic Supervisor. advises the Captain of the Port in writing of that designation.
(e) Mooring Master.
(f) Assistant Mooring Master. 150.211 Mooring Master.
No person may serve, and the licensee may not use the services of a
150.204 Definitions. person, as a Mooring Master at a deepwater port unless:
As used in this subpart (a) That person holds a current United States Coast Guard issued license
(a) License means a Coast Guard license issued under 46 CFR part 10; as:
and (1) Master of ocean steam or motor vessels of any gross tons, endorsed
(b) Licensee means the licensee of a deepwater port. as radar observer, and has one year experience as:
(i) Master on tankers of 70,000 DWT or larger and satisfactory
150.205 Port Superintendent completion of a very large crude carrier (VLCC) shiphandling course
No person may serve, and the licensee may not use the services of a acceptable to the Commandant; or
person, as a Port Superintendent at a deepwater port unless: (ii) A Mooring Master at any deepwater port servicing tankers of 70,000
(a) That person has enough experience at an oil transfer facility to enable DWT or larger; or
the licensee to determine that that person is capable of managing the (2) Master of ocean steam or motor vessels of limited tonnage, endorsed
deepwater port; as radar observer, and endorsed as first-class pilot of vessels of any gross
(b) The licensee determines that that person knows: tons for at least one port in the area of the deepwater port, and has one
(1) The hazards of each product to be transferred; and year experience:
(2) The port operating procedures described in the Operations Manual; (i) Piloting ocean going vessels, including tankers of 70,000 DWT or
and larger, or
(c) The licensee designates that person as Port Superintendent and (ii) As assistant mooring master at the facility and satisfactory completion
advises the Captain of the Port in writing of that designation. of a very large crude carrier (VLCC) shiphandling course acceptable
to the Commandant;
150.207 Cargo Transfer Supervisor. (b) The licensee determines that the person knows the procedures
No person may serve, and the licensee may not use the services of a described in the Operations Manual for:
person, as a Cargo Transfer Supervisor at a deepwater port unless: (1) Vessel control;
(a) That person has enough experience in operating oil transfer (2) Vessel responsibilities;
equipment to enable the licensee to determine that that person is capable (3) Spill prevention, containment, and cleanup;
of operating the oil transfer equipment of the deepwater port; (4) Accidents and emergencies; and
(b) That person has: (5) Voice radiotelecommunications;
(1) Had continuous employment for at least one year as supervisor at an (c) The licensee designates that person as Mooring Master and advises
oil transfer facility in charge of offloading tank vessels of 70,000 the Captain of the Port, in writing, of the designation; and
deadweight tons or larger, (d) In addition to the foregoing requirements, after two years of
(2) Supervised at least 25 cargo transfer evolutions from tankers of operation of the facility, the licensee shall require new applicants for
70,000 deadweight tons or larger; or Mooring Master to have observed 20 mooring evolutions at that facility.
(3) Served in a training capacity for Cargo Transfer Supervisor at a
United States deepwater port for at least one year; 150.213 Cargo Transfer Assistant
(c) The licensee determines that that person knows: No person may serve, and the licensee may not use the services of a
(1) The rules in Subpart D of this part; person, as a Cargo Transfer Assistant at a deepwater port unless:
(2) The oil transfer procedures and transfer control systems, in general, (a) That person presents evidence that he has one year experience, or
of tankers serviced at the facility; performed 15 cargo transfer evolutions at an oil transfer facility servicing
(3) The special handling characteristics of each product to be transferred; tankers of 70,000 deadweight tons or larger in a capacity involving
and connection and disconnection of the tankers to a single point mooring
(4) The procedures described in the Operations Manual for: floating hose string;
(i) Oil transfer; (b) The licensee determines that that person knows:
(ii) Spill prevention, containment, and cleanup; (1) The rules in subpart D of this part;
(iii) Accidents and emergencies; (2) The oil transfer procedures and transfer control systems, in general,
(iv) Voice radiotelecommunications; and
of tankers serviced at the port;
(d) The licensee designates that person as Cargo Transfer Supervisor and
(3) The special handling characteristics of each product to be transferred;
advises the Captain of the Port in writing of that designation.
[CGD 75-002, 40 FR 52572, Nov. 10, 1975; 40 FR 58143, 58144, Dec. 15, 1975]

PAGE 2
33 CFR PART 150
180
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.

150.217 Limitation on service. 150.311 Radio listening watch.


No person may perform in more than one of the following capacities at Whenever a tanker is in the safety zone, the Vessel Traffic Supervisor
any one time: and the master of the tanker shall each continuously monitor the radio
(a) Port Superintendent. frequency designated in the Operation Manuals for use by tankers and
(b) Cargo Transfer Supervisor. support vessels underway at the port, except when transmitting on that
(c) Cargo Transfer Assistant frequency.
(d) Vessel Traffic Supervisor.
(e) Mooring Master.
(f) Assistant Mooring Master. 150.313 Clearances for tankers.
(a) The Vessel Traffic Supervisor may not clear a tanker to enter the
Subpart C—Vessel Navigation safety zone unless:
AUTHORITY: Sec. 10(a)(b)(d), 88 Stat. 2137-38 (33 U.S.C. (1) Each other tanker underway in the safety zone is at least 5 miles
1509(a)(b)(d)); from the tanker requesting clearance to enter the safety zone; and
sec. 4, 92 Stat. 1473-74 (33 U.S.C 1223); 49 CFR 1.46. (2) A Mooring Master is on board or ready to board at a position in the
SOURCE: CGD 76-096, 45 FR 85647, Dec. 29, 1980, unless otherwise designated safety fairway that will permit completion of boarding before
noted. the tanker enters the safety zone.
(b) The Vessel Traffic Supervisor may not clear a tanker to moor at a
150.301 Applicability. SPM unless:
This subpart prescribes rules that (1) There is a SPM berth available and the Vessel Traffic Supervisor has
(a) Apply to the navigation of all vessels at or near a deepwater port; and assigned that berth to the tanker;
(b) Describe vessel activities permitted and prohibited in a deepwater (2) The visibility in the safety zone is at least two miles;
port safety zone. Note. Appendix A to this part describes the designated (3) All operating conditions prescribed in the Operation Manuals for
boundaries of U.S. deepwater port safety zones. Included within the safety mooring to a SPM have been met; and
zones are specific areas to be avoided, anchorages, and other ship's routing (4) A Mooring Master and an Assistant Mooring Master are on board.
measures associated with particular safety zones. (Shipping safety fairways (c) The Vessel Traffic Supervisor may not clear a tanker to depart from
associated with deepwater ports are described in Part 166 of this Title.) a SPM unless the visibility in the safety zone is at least two miles and a
[CGD 76-096, 45 FR 85647, Dec. 23, 1980, as amended by CGD 85-044, 50 FR Mooring Master is on board.
26990, July 1, 1985] (d) No tanker may enter the safety zone or moor at or depart from a
SPM, unless the master of the tanker has obtained clearance from the
150.303 Definitions. Vessel Traffic Supervisor, except as permitted by paragraph (e) of this
Support vessel means a tug, linehandling boat, crewboat, workboat, section.
supply vessel, bunkering vessel, barge, or other similar vessel working for (e) A tanker may, in an emergency, for the protection of life or property,
a licensee in connection with the operation of a deepwater port or cleared depart from a SPM without clearance from the Vessel Traffic Supervisor
by a licensee to service a tanker calling at a deepwater port. if the master advises the Vessel Traffic Supervisor of the circumstances, by
Tanker means a vessel that calls at a deepwater port to load or unload radio, at the earliest possible moment

PAGE 3 33 CFR PART 150


181
M.E.T. PUBLICATION 515 — 5TH EDITION
150.315 Clearances for support vessels. 150.337 Navigation of tankers in the safety zone.
(a) The Vessel Traffic Supervisor shall direct support vessel movements (a) A tanker must not enter or depart a safety zone except via a
within the safety zone. designated safety fairway, unless under force majeure.
(b) The Vessel Traffic Supervisor may clear support vessels to enter or (b) A tanker must not anchor in the safety zone except in a designated
depart the safety zone at any point anchorage area unless under force majeure.
(c) A tanker underway in a safety zone must keep at least 5 miles behind
150.317 Clearances for other vessels. any other tanker underway ahead of it in the safety zone.
(a) When requested by the master of a vessel other than a tanker or (d) A tanker must not operate, anchor, or be moored in any area of
support vessel, the Vessel Traffic Supervisor shall furnish information the safety zone in which the net underkeel clearance would be less than
concerning other vessels underway or moored in the safety zone. 5 feet.
(b) If the Vessel Traffic Supervisor determines that a vessel other than
a tanker or support vessel may be standing into danger with respect to any
150.338 Navigation of support vessels in the safety zone.
vessel or part of the deepwater port installation in the safety zone, the
Vessel Traffic Supervisor shall attempt to inform the master of that vessel (a) A support vessel must not eater or move within the safety zone
by radio or other means. unless the movement is cleared by the Vessel Traffic Supervisor.
(c) Except in situations involving force majeure, the Vessel Traffic (b) A support vessel must not anchor in the safety zone, except in an
Supervisor shall not clear a vessel other than a tanker or support vessel to anchorage area or for support vessel maintenance operations cleared by the
enter the safety zone of a deepwater port for any purpose that would Vessel Traffic Supervisor.
interfere with the purpose of the deepwater port; endanger the safety of life,
property, or the environment; or otherwise be prohibited by regulation. 150.339 Navigation of other vessels in the safety zone.
Vessels other than tankers or support vessels should not enter the safety
150.333 Advance notice of arrival. zone of a deepwater port unless clearance has been obtained from the
(a) The master of a tanker bound for a deepwater port shall report the Vessel Traffic Supervisor.
following information to the Captain of the Port and the Vessel Traffic
Supervisor of the port at least 24 hours before entering the safety zone at 150.341 Mooring Master.
the port: A tanker must not be underway in the safety zone unless a Mooring
(1) The name, gross tonnage, and draft of the tanker. Master is on board.
(2) The type and amount of cargo on board. Note: The Mooring Master advises the master of the tanker on
(3) Any conditions on the vessel that may impair the navigation of the
operational and ship control matters that are peculiar to the specific
vessel, such as fire, malfunctioning propulsion machinery or steering
deepwaterport, such as navigational aids, depth and current characteristics
equipment, or limitations on navigational or radiotelephone capabilities
because of equipment or material malfunctions. of the maneuvering area, mooring equipment and procedures, and the port's
(4) Any leaks, structural damage, or machinery malfunctions that may vessel traffic control procedures.
impair cargo transfer operations or cause a discharge of oil.
(5) The estimated time of arrival at the deepwater port safety zone. 150.342 Assistant Mooring Master.
(b) If the information reported in paragraph (a)(3), (a)(4), or (a)(5) of A tanker must not moor at a SPM unless an Assistant Mooring Master
this section changes at any time before entering the safety zone, or while is on board.
the tanker is in the safety zone, the master of the tanker shall report the Note: The Assistant Mooring Master is stationed on the forecastle
changes to the Captain of the Port and Vessel Traffic Supervisor as soon
of the tanker during mooring operations to assist the Mooring Master
as possible.
by reporting position approach data relative to the SPM and to advise
the tanker personnel in handling of mooring equipment peculiar to the
150.335 Report before entering safety zone. deepwater port.
The master of a tanker bound for a deepwater port shall notify the Vessel
Traffic Supervisor of the port when the tanker is 20 miles from the entrance
to the safety zone. 150.345 Regulated vessel activities.
(a) Vessel activities permitted and prohibited at deepwater ports, controls
on those activities, and the specific safety zone areas in which the controls
apply are listed in Table 150.345(a).

Table 150.345(a) - Regulated Vessel Activities at Deepwater Ports


Safety zone
Areas to be
Regulated vessel activities avoided around Anchorage Remaining
each PPC and area portion of
SPM1 safety zone
Tankers calling at port ………………………………………………………………………………………………… C C C
Support vessel movements ……………………………………………………………………………………………. C C C
Transit by vessels other than tankers or support vessels ………………………………………………………………. N P P
Mooring to SPM by vessels other than tankers or support vessels …………………………………………………….. F ...............
Anchoring by vessels other than tankers or support vessels ……………………………………………………………. N F or P N
Fishing, including bottom trawl (shrimping)…………………………………………………………………………… N P P
Mobile drilling operations of erection of structures2 …………………………………………………………………… N N N
Lightering/transshipment3 ……………………………………………………………………………………………… N N N

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.

33 CFR PART 150 PAGE 4


182
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) A deepwater port licensee shall obtain the permission of the Captain in performing its intended function. This visual examination must include
of the Port having jurisdiction over that licensee's port before allowing any the condition of such items as fabric and fabric coatings, seams and
vessel activity at the port which is not listed in Table 150.345(a) or bonding points, metal hardware parts, shackles, fittings, towing and other
otherwise provided for in this subpart. lines, cables, flotation devices, inflation mechanisms, and any other
components integral to the equipment
Subpart D—Oil Transfer Operations (b) Within the 11 months immediately preceding the month during
which oil transfer operations are to be conducted at a deepwater port,
150.400 Applicability. representative pieces or sections of the containment equipment must
This subpart prescribes rules that apply to the transfer of oil at a (1) Have been deployed under simulated discharge conditions and the
deepwater port. integrity of equipment strength members, containment skirt, flotation
devices, and any other design performance factors of the equipment tested;
150.403 Definitions. or
As used in this subpart (2) Have been deployed under actual discharge conditions.
Hose string, both floating and float/sink type, means that portion of an
SPM-OTS consisting of flexible hose which connects the vessel's manifold 150.409 Periodic tests and inspections: removal material and
to the SPM. equipment.
OTS means an oil transfer system of a deepwater port and includes the No person may transfer oil at a deepwater port unless the removal
SPM-OTS and the undersea pipeline running from the PLEM to the material and equipment required by Part 149 of this chapter is tested and
onshore terminal. inspected as follows:
PLEM means pipeline and manifold at the SPM. (a) Within the two months immediately preceding the month during
Single Point Mooring (SPM) means an offshore berth which provides a which oil transfer operations are to be conducted at a deepwater port, any
link between the undersea pipeline and a moored vessel for the transfer of machinery, pumps, hydraulic parts, and other operating features of removal
oil and to which the vessel can be secured and can weathervane during the equipment must have been visually examined and operated in accordance
oil transfer. with the instructions of the manufacturer.
SPM-OTS means that portion of an OTS from the PLEM to the end of (b) Within the 11 months immediately preceding the month during
the hose string that connects to the manifold on the vessel. which oil transfer operations are to be conducted at a deepwater port, the
removal equipment must have been tested in conjunction with the
150.405 Periodic tests and inspections: OTS components. containment equipment deployment required by §150.407(b).
No person may transfer oil through an OTS at a deepwater port unless:
(a) The SPM-OTS of the OTS has been tested and inspected as required 150.411 Repair or replacement of equipment
for maintenance of class in accordance with the Rules for Building and (a) Whenever any component of a deepwater port that affects the
Classing Single Point Moorings published by the American Bureau of safety or integrity of the oil transfer operation is found to be inoperative or
Shipping; otherwise defective, the licensee shall replace or repair the
(b) Each oil transfer hose in the SPM-OTS of the OTS in which the component before further oil transfer operations are undertaken using
maximum pressure rating of the manufacturer has been exceeded, except the affected OTS. The repaired or replaced component must meet or
when exceeded for testing required by this section, has, since the pressure exceed the original specifications.
was exceeded, been: (b) Whenever an item of discharge containment and removal material or
(1) Removed; equipment required by §149.319 of this chapter is found to be inoperative
(2) Hydrostatically tested to 1.5 times its maximum working pressure; or otherwise defective, the licensee shall replace or repair the item before
and further oil transfer operations are undertaken. The repaired or replaced item
(3) Visually examined externally and internally for evidence of leakage, must meet or exceed the original specifications.
loose covers, kinks, bulges, soft spots, and gouges, cuts, or slashes that
penetrate the hose reinforcement;
150.413 Requirements for oil transfer.
(c) Within the 23 months immediately preceding the month during which
No person may transfer oil through an OTS unless:
oil transfer operations are to be conducted, each submarine hose in the (a) Before connecting the hose string to the vessel manifold at the start
SPM-OTS of the OTS has been removed from the ends of each submarine of each oil transfer operation, ft is determined by in-place visual
coupling, surfaced, and visually examined externally and internally for examination that the hose string in use for that transfer operation has no
evidence of flaws as described in paragraph (b)(3) of this section and leakage, loose covers, kinks, bulges, soft spots, and no gouges, cuts, or
hydrostatically tested to 1.5 times its maximum working pressure; and slashes that penetrate the hose reinforcement;
(d) Each submarine hose in the SPM-OTS of that OTS has been visually (b) During each oil transfer operation, it is determined by visual
examined in place for evidence of external flaws as described in paragraph examination that the hose string in use for that transfer operation has no
(b)(3) of this section since the last time sea conditions at the deepwater port leakage;
required shutdown of oil transfer operations. (c) The vessel's mooring attachment to the SPM is strong enough to hold
in all expected conditions of surge, current, and weather;
150.407 Periodic tests and inspections: discharge containment (d) Oil transfer hoses are long enough to allow the vessel to move to the
equipment limits of its mooring attachment to the SPM without placing strain on the
No person may transfer oil at a deepwater port unless the discharge hoses;
containment equipment required by Part 149 of this chapter is tested and (e) Each oil transfer hose is supported in a manner that prevents strain
inspected as follows: on its coupling;
(a) Within the five months immediately preceding the month during (f) Each part of the OTS necessary to allow the flow of oil is lined up
which oil transfer operations are to be conducted at a deepwater port, a for the transfer;
visual examination must have been performed to determine whether there (g) Each part of the OTS not necessary for the transfer operation is
existed any conditions that might impair the effectiveness of the equipment securely blanked or shut off;
(h) Except when used to receive or discharge ballast, each overboard
discharge or sea suction valve that is connected to the vessel's oil transfer,

PAGE 5 33 CFR PART 150


183
M.E.T. PUBLICATION 515 — 5TH EDITION
ballast, or cargo tank systems is sealed, lashed, or locked in the closed (iii) Free of any signs of strain, elongation or deterioration; and
position; (6) Be made and broken in the presence of and under the direct
(i) Each connection in the OTS meets the requirements of §150.415; supervision of the Cargo Transfer Assistant
(j) The discharge containment and removal material and equipment
required by §149.319 of this chapter is in place; 150.417 Declaration of inspection.
(k) Each scupper and overboard drain on the vessel is closed; (a) No person may transfer oil at a deepwater port unless a declaration
(1) Any continuing loss of oil from the coupling at the vessel manifold of inspection has been executed before the start of each oil transfer
does not overflow the drip part under the manifold; operation by the Cargo Transfer Assistant and the vessel's officer in charge
(m) The communications equipment required by § 149.317 of this of cargo transfer.
chapter (b) The declaration of inspection required by paragraph (a) of this section
is operative for the transfer operation; may be in any form but must contain:
(n) The emergency means of shutdown required by Part 149 of this (1) The name of the tanker and berth to which moored;
chapter is in position and operative; (2) The date the oil transfer operation will start;
(o) The Cargo Transfer Supervisor, Cargo Transfer Assistant, and any (3) Certification by the Cargo Transfer Assistant and the vessel's officer
other designated personnel are on duty and present to conduct the transfer in charge of cargo transfer that the requirements for oil transfer specified
operations in accordance with the Operations Manual and with the oil in §150.413, and the pre-transfer procedures described in the Operations
transfer procedures that apply to the vessel during the transfer operation; Manual, have been followed; and
(p) The vessel's officer in charge of cargo transfer and the Cargo (4) The signatures of the Cargo Transfer Assistant and the vessel's
Transfer Assistant have held a conference and each understands the officer in charge of cargo transfer.
following details of the transfer operations:
(1) The identity of the product to be transferred.
150.419 Stopping transfer operations.
(2) The sequence of transfer operations.
(a) Before stopping the flow of oil during an offloading operation at a
(3) The transfer rate.
(4) The name or title and location of each person participating in the deepwater port, the Cargo Transfer Supervisor shall advise the vessel's
transfer operation. officer in charge of oil transfer of the intent to do so.
(5) Particulars of the transferring and receiving systems. (b) Before stopping the flow of oil during an onloading operation at a
(6) Critical stages of the transfer operation. deepwater port, the vessel's officer in charge of oil transfer shall advise the
(7) Federal regulations that apply to the transfer of oil. Cargo Transfer Supervisor of the intent to do so.
(8) Emergency procedures. (c) Before disconnecting the hose string from the vessel manifold, the
(9) Discharge containment procedures. Cargo Transfer Assistant shall ensure that the shut-off valve described in
(10) Discharge reporting procedures. §149.307 of this chapter is secured in the closed position.
(11) Watch or shift arrangement (d) Before returning the hose string to the water after disconnection, the
(12) Transfer shutdown procedures; Cargo Transfer Assistant shall ensure that the blank flange described in
(q) The vessel's officer in charge of cargo transfer and the Cargo §149.307 of this chapter is secured in place and has:
Transfer Assistant agree to begin the transfer operation; (1) Suitable material in the coupling to make a tight seal;
(r) Flame screens are structurally sound and securely fastened in place (2) A bolt in each hole of the coupling; and
in all cargo tank vents and ullage holes on the vessel; and (3) Bolts in the coupling that are all:
(s) The declaration of inspection required by §150.417 is executed. (i) The same size;
(ii) Tightened so as to uniformly distribute the load around the coupling;
150.415 Requirements for connections. and
(a) The licensee shall provide suitable adaptors, to allow connection of (iii) Free of any signs of strain, elongation, or deterioration.
the hose string to a vessel manifold, that meet any one of the following
flange standards: 150.421 Displacement of oil in an SPM-OTS with water.
(1) American National Standards Institute (ANSI). The Port Superintendent shall ensure that the oil in an SPM-OTS is
(2) British Standard (BS). displaced with water, and the valve at the PLEM closed, whenever
(3) German Standard (DIN). (a) A storm warning has been received forecasting weather conditions
(4) Japanese Industrial Standard (JIS). that will exceed the design operating criteria listed in the Operations
(5) Universal Metric Standard. Manual for the SPM-OTS;
(b) Each temporary connection between the hose string and a vessel (b) A vessel is about to depart the SPM because of storm conditions; or
manifold must: (c) The SPM is not scheduled for use in an oil transfer operation within
(1) Be made using either the next 7 days.
(i) A bolted coupling; or
(ii) A quick-connect coupling approved under §156.130(c)(2) of this
chapter; 150.423 Limitations.
(2) Have suitable materials in joints and couplings to make a tight seal; No person may transfer oil at a deepwater port:
(a) Unless a Port Superintendent is on duty at the port;
(3) If using an American National Standards Institute (ANSI) standard
(b) During a severe electrical storm in the vicinity of the deepwater port;
bolted flange coupling, have a bolt in at least every other hole of the
(c) During a fire at the deepwater port, receiving terminal on shore, or
coupling and in no case less than four bolts;
aboard
(4) If using a bolted coupling other than an ANSI standard bolted flange
a vessel berthed at the deepwater port, unless it is determined by the Port
coupling, have a bolt in each hole of the coupling;
Superintendent that an oil transfer should be resumed as a safely measure;
(5) Have bolts in each bolted coupling that are all:
(d) Unless there are personnel and equipment at the port, not presently
(i) The same size;
(ii) Tightened so as to uniformly distribute the load around the coupling; engaged in discharge containment and removal operations, sufficient to
and contain and remove the discharges specified in §149.3I9(a);
(e) By lighterage, except in bunkering operations, unless otherwise
authorized by the Captain of the Port; or

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M.E.T. PUBLICATION 515 — 5TH EDITION
(f) Unless the weather conditions at the port meet the minimum operating (1) Safety shoes that meet the specifications prescribed by the American
conditions prescribed in the Operations Manual for transferring oil at the National Standard Institute (ANSI) Requirements for Men's Safety-Toe
port. Footwear, Z41.1; and
(2) Protective hats that meet the specifications prescribed by the ANSI
150.425 Suspension of oil transfer operations. Safety Requirements for Industrial Head Protection, Z89.1.
(a) The Captain of the Port may order the licensee to suspend oil transfer (b) When an eye hazard from flying particles or heavy dust exists,
operations if the Captain of the Port finds that there is a condition requiring the licensee shall ensure that each person in the area of the hazard is
immediate action to prevent the discharge or threat of discharge of oil or wearing eye protection equipment that meets the specifications prescribed
to protect the safety of life and property. by the ANSI Practice for Occupational and Educational Eye
(b) An order of suspension may be made effective immediately. and Face Protection, Z87.1.
(c) The order of suspension states each condition requiring immediate (c) When hazardous work is being performed, the licensee shall ensure
action. that any person who wears corrective eye glasses wear eye protection
(d) The licensee may petition the District Commander, in writing or in equipment that can be worn over eye glasses, or prescription ground safety
any manner if the order of suspension is effective immediately, to lenses that meet the specifications prescribed by the ANSI Practice for
reconsider the order of suspension. The decision of the District Commander Occupational and Educational Eye and Face Protection, Z87.1, if these
is final agency action. lenses provide protection against the hazard involved.
[CGD 75-022, 40 FR 52572, Nov. 10, 1975; 40 FR 58144, Dec. 15, 1975] (d) When handling hazardous materials the licensee shall ensure that
all personnel in the area are wearing suitable protective clothing and
Subpart E—Operations equipment.
(e) When any person is exposed to combinations of sound levels and
150.500 Applicability. durations exceeding those listed in Table 150.509(e) the licensee shall
The rules in this subpart apply to operations at a deepwater port. ensure that the person is wearing ear protection equipment that reduces
sound levels to or below the listed levels.
150.503 Maintenance of equipment (f) When any person is working over or near the water, the licensee shall
(a) The licensee shall maintain each hem of equipment required under ensure that the person wears either a unicellular plastic foam work vest that
this subchapter in operative condition or shall replace it with an item in meets the requirements of 46 CFR 160.053 or a life preserver that meets
good condition. the requirements of 46 CFR 160.002, 160.005, or 160.055.
(b) The licensee shall maintain each excess item of equipment required
under this subchapter in operative condition or shall remove it Table 150.509 Maximum Permissible Noise Exposures1
from service.
Sound
Duration per day/hours level2 dBA
150.504 Fire main system. slow
The licensee may use the fire main system only for firefighting and response
deckwashing. 8 ..................................... 90
6 ..................................... 92
4 ..................................... 95
150.505 Fire pump.
The licensee shall keep at least one of the fire pumps required by tills 3 ..................................... 97
subchapter ready for use on the fire main system at all times. 2 ..................................... 100
l ½..............................…. 102
1 ..................................... 105
150.507 Firehose: Connection and stowage.
½.................................…. 110
(a) Except as otherwise provided in paragraph (c) of this section, the
¼.................................…. 115
licensee shall keep at least one length of firehose with a combination
nozzle connected to each fire hydrant at all times.
(b) The licensee shall stow each firehose connected to a fire hydrant on 1
When the daily noise exposure is composed of two or more periods of
a hose rack when not in use. noise exposure of different levels, their combined effect must be considered
(c) A firehose in an exposed location may temporarily be removed from rather than the individual effect of each. If the sum of the fractions
an exposed location to protect the firehose from damage during heavy
weather.  C1 C 2 Cn 
(d) If the edge of a platform deck is in an exposed location, the licensee  + ... 
shall keep enough lengths of fire hose connected to the hydrant nearest the  T1 T2 Tn 
edge to allow 10 feet of hose, when pressurized, to curve over the edge. is more than one, men, the mixed exposure exceeds the limit value. (Cn) is
the total time of exposure at a specified noise level. (Tn) is the total time
150.508 Lifesaving equipment. of exposure permitted at that level-Exposure to impulsive or impact noise
(a) The licensee shall stow each inflatable life raft required by §149.521 should not exceed 140 dB peak sound pressure level.
of this subchapter as near as practicable to launching equipment for the life 2
Measured on the A scale of a standard sound level meter at slow response.
raft. [CGD 75-002, 40 FR 52572, Nov. 10, 1975; 40 FR 58144, Dec. 15, 1975]
(b) The licensee shall test lifeboat launching equipment required by
§149.524 of this subchapter immediately after installation in accordance 150.511 Maintenance of personal protection equipment.
with 46 CFR 9435-5. (a) The licensee shall clean and disinfect eye protection equipment that
has been used before it is reissued.
150.509 Use of personal protection equipment (b) The licensee shall clean and disinfect protective hats that have been
(a) When any person is in a work area, the licensee shall ensure that worn before they are reissued.
such person wears:

PAGE 7 33 CFR PART 150


185
M.E.T. PUBLICATION 515 — 5TH EDITION
150.513 Sanitation. provide emergency medical care.
The licensee shall ensure that garbage is covered and that no person (b) The first aid station may not be used for any purpose that prevents
its immediate use as a first aid station.
is working in the vicinity of uncovered garbage or of overboard discharges
from sanitary lines that are not protected by a baffle or splash
boards.

150.515 Refueling for aircraft.


If the PPC is not equipped with a permanent fueling facility for aircraft,
no person may fuel or cause or authorize the fueling of aircraft unless he
has received the permission of the Captain of the Port.

150.516 Aircraft operations.


The licensee shall ensure that appropriately clothed and sufficiently
qualified fire fighting and rescue personnel to than equipment and effect a
rescue are present during aircraft operations.

150.517 Station bill.


(a) The licensee shall post copies of a station bill on each PPC.
(b) The licensee shall designate in writing on the station bill, by title and
in order of succession, each person on the PPC who is a person in charge
of the PPC for purposes of supervision in an emergency.
(c) The station bill must set forth:
(1) The special duties and duty stations of each person, by name, on
the PPC for each emergency listed in the Operations Manual that involves
the use or application of equipment required by Part 149 of this
chapter; and
(2) The signals for calling persons to their emergency stations and for
abandoning the PPC.

150.519 Emergency drills.


The licensee shall conduct each emergency drill specified in the
Operations Manual at least once every 30 days.

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.

150.525 Emergency Medical Technician.


The licensee shall ensure that at least one person who holds a certificate
of completion of the Department of Transportation, National Highway
Traffic Safety Administration Basic Training Course (81 hours), from a
state or from the National Registry of Emergency Medical Technicians, is
on the PPC at all times.

150.527 First aid station.


(a) The licensee shall ensure each first aid station on a PPC has enough
medical supplies and equipment for the Emergency Medical Technician to

33 CFR PART 150 PAGE 8


186
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
151.45 Reporting spills of NLS: Category A, B, C, and D
CODE OF FEDERAL REGULATIONS 151.47 Category D NLSs other than oil-like Category D NLSs that may
PART 151 - VESSELS CARRYING OIL, be carried under this part.
NOXIOUS LIQUID SUBSTANCES, 151.49 Category C and D Oil-like NLSs allowed for carriage.
GARBAGE, MUNICIPAL OR
COMMERCIAL WASTE, AND Garbage Pollution
BALLAST WATERS. 151.51 Applicability.
151.53 Special areas for Annex V of MARPOL 73/78.
151.55 Recordkeeping requirements.
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." 151.57 Waste management plans.
However, we reprinted only those subparts and sections of concern to foreign 151.59 Placards.
vessels. If you need additional information listed in this Table of Contents that does 151.61 Inspection for compliance and enforcement
not appear in the pages that follow, please write or fax us. We will be glad to furnish 151.63 Shipboard control of garbage.
this information for a small service charge] 151.65 Reporting requirements.
151.66 Operating requirements: Discharge of garbage in the navigable
waters prohibited.
TABLE OF CONTENTS 151.67 Operating requirements: Discharge of plastic prohibited
151.69 Operating requirements: Discharge of garbage outside special
Subpart A—Implementation of MARPOL 73/78 areas.
151.71 Operating requirements: Discharge of garbage within special
General areas.
151.01 Purpose. 151.73 Operating requirements: Discharge of garbage from fixed or
151.03 Applicability floating platforms
151.04 Penalties for violation. 151.75 Grinders or comminuters.
151.05 Definitions 151.77 Exceptions for emergencies.
151.06 Special areas.
151.07 Delegations. APP. A Appendix A to §§151.51 through 151.77—Summary of
151.08 Denial of entry. Discharge Restrictions

Oil Pollution. Subpart B—Transportation of Municipal and Commercial Waste.


151.09 Applicability. 151.1000 Purpose.
151.10 Control of discharge of oil. 151.1003 Applicability.
151.11 Exceptions for emergencies 151.1006 Definitions.
151.13 Special areas for Annex I of MARPOL 73/78. 151.1009 Transportation of municipal or commercial waste.
151.15 Reporting requirements. 151.1012 Applying for a conditional permit
151.17 Surveys. 151.1015 Issuing or denying the issuance of a conditional permit
151.19 International Oil Pollution Prevention (IOPP) Certificates. 151.1018 Withdrawal of a conditional permit
151.21 Ships of countries not party to MARPOL 73/78 151.1021 Appeals.
151.23 Inspection for compliance and enforcement 151.1024 Display of number.
151.25 Oil Record Book
151.26 Shipboard oil pollution emergency plans. Subpart C—Ballast Water Management for Control of Nonindigenous
Species.
151.27 Plan submission and approval
151.28 Plan review and revision 151.1500 Purpose.
151.29 Foreign ships. 151.1502 Applicability.
151.1504 Definitions.
151.1506 Restriction of operation.
Noxious Liquid Substance Pollution.
151.1508 Revocation of clearance.
151.30 Applicability
151.1510 Ballast water management
151.31 Where to find requirements applying to oceangoing ships
151.1512 Vessel safety.
carrying Category A, B, C, and D NLS.
151.1514 Ballast water management alternatives under extraordinary
151.32 Special areas for the purpose of Annex II.
conditions.
151.33 Certificates needed to carry Category C Oil-like NLS
151.1516 Compliance monitoring.
151.35 Certificates needed to carry Category D NLS and Category D
Oil-like NLS. AUTHORITY: 33 U.S.C. 1321(j)(1)(C) and 1903(b); E.O. 12777,3 CFR,
151.37 Obtaining an Attachment for NLSs to the IOPP Certificate and 1991 Comp. p. 351; 49 CFR 1.46.
obtaining an NLS Certificate. SOURCE: CGD 75-124a, 48 FR 45709, Oct. 6, 1983, unless otherwise
151.39 Operating requirements. Category D NLS. noted
151.41 Operating requirements for oceangoing ships with IOPP
Certificates. Category C and D Oil-like NLSs. Subpart A—Implementation of MARPOL 73/78
151.43 Control of discharge of NLS residues. General
151.01 Purpose.
The purpose of this subpart is to implement the Act to Prevent Pollution

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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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33 CFR PART 151
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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.
PAGE 3 33 CFR PART 151
189
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;

PAGE 5 33 CFR PART 151


191
M.E.T. PUBLICATION 515 — 5TH EDITION
151.11 Exceptions for emergencies. discharge requirements in these special areas will be published in the
(a) Sections 151.10 and 151.13 do not apply to— Federal Register and reflected in this section.
(1) The discharge into the sea of oil or oily mixture necessary for the [CGD 75-124a, 48 FR 45709, Oct. 6, 1983, 48 FR 54977, Dec. 8, 1983, as
purpose of securing the safety of a ship or saving life at sea. amended by CGD 88-002, 54 FR 18404, Apr. 28, 1989; CGD 88-002A, 55 FR
(2) The discharge into the sea of oil or oily mixture resulting from 18582, May 2,1990; 60 FR 43374, Aug. 21, 1995]
damage to a ship or its equipment—
(i) Provided that all reasonable precautions have been taken after the 151.15 Reporting requirements.
occurrence of the damage or discovery of the discharge for the purpose of (a) The Master or other person having charge of a ship involved in an
preventing or minimizing the discharge; and incident referred to in paragraph (e) of this section, shall report the
(ii) Except if the owner or the master acted either with intent to cause particulars of such incident without delay and to the fullest extent possible
damage, or recklessly and with knowledge that damage would probably in accordance with the provisions of this section.
result. (b) In the event of the ship referred to in paragraph (a) of this section
(b) [Reserved] being abandoned, or in the event of a report from such ship being
[CGD 75-134a, 48 FR 45703, Oct. 6, 1983, as amended by CGD 88-002, 54 FR incomplete or unobtainable, the owner, charterer, manager or operator of
18404, Apr. 28, 1989] the ship, or their agents shall, to the fullest extent possible assume the
obligations placed upon the Master or other person having charge of the
ship under the provisions of this section.
151.13 Special areas for Annex I of MARPOL 73/78. (c) Each report shall be made by radio whenever possible, but in any
(a) For the purposes of §§151.09 through 151.25, the special areas are
case by the fastest available means at the time the report is made.
the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the
(d) Reports shall be directed to the appropriate officer or agency of the
Red Sea area, the Gulfs area, the Gulf of Aden, and the Antarctic area
government of the country in whose waters the incident occurs.
which are described in §151.06. The discharge restrictions are effective in
Additionally, for incidents involving U.S. ships, the reports shall be
the Mediterranean Sea, Baltic Sea, Black Sea, and the Antarctic area.
directed to either the nearest Coast Guard Captain of the Port (COTP) or to
(b) Subject to the provisions of §151.11—
the National Response Center (NRC), toll free telephone number 800-424-
(1) A ship of 400 gross tons or over and any oil tanker may not
8802, telex number 892427.
discharge oil or oily mixture within a special area. In the Antarctic area,
(e) The report shall be made whenever an incident involves—
discharge into the sea of oil or oily mixture from any ship is prohibited. (1) A discharge other than as permitted under this part; or
(2) A ship of less than 400 gross tons other than an oil tanker may not (2) A discharge permitted under this part by virtue of the fact that—
discharge oil or oily mixture within a special area, unless the oil content of (i) It is for the purpose of securing the safety of a ship or saving life at
the effluent without dilution does not exceed 15 parts per million (ppm). sea; or
(3) For the Antarctic area, all ships must be fitted with a tank or tanks (ii) It results from damage to the ship or its equipment; or
of sufficient capacity on board for the retention of all sludge, dirty ballast, (3) The probability of a discharge referred to in paragraphs (e)(1) or
tank washing water, and other oily residues and mixtures while operating (e)(2) of this section.
in the area and must have concluded arrangements to discharge such oily (f) Each report shall contain—
residues at a reception facility after leaving the area. (1) The identity of the ship;
(c) The provisions of paragraph (b) of this section do not apply to the (2) The time and date of the occurrence of the incident;
discharge of clean or segregated ballast (3) The geographic position of the ship when the incident occurred;
(d) The provisions of paragraph (b)(1) of this section do not apply to the (4) The wind and sea condition prevailing at the time of the incident;
discharge of processed bilge water from machinery space bilges, provided (5) Relevant details respecting the condition of the ship; and
that all of the following conditions are satisfied— (6) A statement or estimate of the quantity of oil or oily mixtures
(1) The bilge water does not originate from cargo pump room bilges; discharged or likely to be discharged into the sea.
(2) The bilge water is not mixed with oil cargo residues; (g) Each person who is obligated under the provisions of this section to
(3) The ship is proceeding enroute; send a report shall—
(4) The oil content of the effluent without dilution does not exceed (1) Supplement the initial report, as necessary, with information
15 ppm; concerning further developments; and
(5) The ship has in operation oily-water separating equipment complying (2) Comply as folly as possible with requests from affected countries for
with Part 155 of this chapter; and additional information concerning the incident
(6) The oily-water separating equipment is equipped with a device that (h) A report made under this section will satisfy the reporting
stops the discharge automatically when the oil content of the effluent requirement of §153.203 of this chapter.
exceeds 15 ppm.
(e) No discharge into the sea shall contain chemicals or other substances 151.17 Surveys.
introduced for the purpose of circumventing the conditions of discharge (a) Every U.S. oil tanker of 150 gross tons and above, and every other
specified in this section. U.S. ship of 400 gross tons and above; that is required to have an
(f) The oil residues that cannot be discharged into the sea in compliance International Oil Pollution Prevention (IOPP) Certificate on board and to
with paragraphs (b), (c), or (d) of this section shall be retained on board or which this part applies, except as provided for in paragraphs (b) and (d) of
discharged to reception facilities. this section; is subject to the following surveys conducted by the Coast
(g) Nothing in this section prohibits a ship on a voyage, only part of Guard—
which is in a special area, from discharging outside the special area in (1) An initial survey, conducted before the ship is put in service or
accordance with §151.10. before an IOPP Certificate required under §151.19 is issued for the first
(h) In accordance with paragraph (7)(b)(iii) of Regulation 10 of Annex time; this survey includes a complete examination of its structure,
I of MARPOL 73/78, the discharge restrictions in §151.13 for the Red Sea equipment, systems, fittings, arrangements and material in so far as the ship
area. Gulfs area, and the Gulf of Aden area will enter into effect when each is covered by this chapter.
party to MARPOL 73/78 whose coastline borders the special area has (2) Periodic renewal surveys conducted at intervals corresponding with
certified dial reception facilities are available and the IMO has established the renewal of the IOPP Certificates. The purpose of the survey is to deter-
an effective date for each special area. Notice of the effective dates for the

33 CFR PART 151 PAGE 6


192
M.E.T. PUBLICATION 515 — 5TH EDITION
mine whether the structure, equipment, systems, fittings, arrangements, and to the Certificate is changed, a new IOPP Certificate will be required.
material comply with the requirements of Parts 155 and 157 of this chapter. (e) The IOPP Certificate for each U.S. inspected ship is valid for a
(3) Annual surveys for inspected ships conducted as close as practicable period not to exceed four years from the date of issue, and for each U.S.
to twelve (12) and thirty-six (36) months from the date of issuance of the uninspected ship the IOPP Certificate is valid for a period not to exceed
IOPP Certificate, and not more than two months prior to or later than these five years from the date of issue, except as follows—
twelve and thirty-six month dates; this survey is to determine that the (1) A Certificate ceases to be valid if significant alterations have taken
oilywater separating equipment and associated pumps and piping systems place in the construction, equipment, fittings, or arrangements required by
remain satisfactory for the service intended, and that no unauthorized the pollution prevention requirements of parts 155 or 157 of this chapter
alterations have been made, and is to be endorsed on the IOPP Certificate. without the approval of the COTP or the OCMI.
(4) Intermediate surveys for inspected ships conducted as close as (2) A Certificate Ceases to be valid if intermediate surveys as required
practicable to twenty-four (24) months from the date of issuance of the by §151.17 of this part are not carried out
IOPP Certificates, and not more than six months prior to or later than that (3) A Certificate issued to a ship ceases to be valid upon transfer of the
twenty-four month date; this survey is to determine whether the equipment ship to the flag of another country.
and associated pump and piping systems, including oil discharge monitoring (f) Paragraphs (a) and (b) of this section do not apply to "existing
and control systems, and oily-water separating equipment comply with ships" until October 2, 1984.
the requirements of Parts 155 and 157 of this chapter, and are in good (Approved by the Office of Management and Budget under control
working order, and is to be endorsed on the IOPP Certificate. number 2115-0526)
(5) Intermediate surveys for uninspected ships conducted as close as
practicable to thirty (30) months from the date of issuance of the IOPP 151.21 Ships of countries not party to MARPOL 73/78.
Certificate, and not more than six months prior to or later than that thirty (a) Each oil tanker of 150 gross tons and above and each other ship of
month date; this survey is to determine whether the equipment and 400 gross tons and above, operated under the authority of a country not a
associated pump and piping systems, including oil discharge monitoring and party to MARPOL 73/78, must have on board valid documentation
control systems, and oily-water separating equipment comply with the showing that the ship has been surveyed in accordance with and complies
requirements of Parts 155 and 157 of this chapter, and are in good working with the requirements of MARPOL 73/78. Evidence of compliance may be
order, and is to be endorsed on the IOPP Certificate. issued by either the government of a country that is party to MARPOL
(b) Every U.S. inspected oil tanker of 150 gross tons and above, and 73/78 or a recognized classification society.
every other U.S. inspected ship of 400 gross tons and above; that is not (b) Evidence of compliance must contain all of the information in, and
required to have an IOPP Certificate on board is subject to the following have substantially the same format as, the IOPP Certificate.
surveys to be conducted by the Coast Guard— (Approved by the Office of Management and Budget under control
(1) An initial survey conducted— number 2115-0526)
(i) Before the ship is put in service; [CGD 75-124a, 48 FR 45709, Oct. 6, 1983 as amended by CGD 93-030, 59
(ii) For new ships that are in service prior to October 2, 1983, in
FR 51338, Oct. 7, 1994]
conjunction with either their first inspection, for issuance of a Coast Guard
Certificate of Inspection, or reinspection, whichever occurs first after
October 2, 1983; or 151.23 Inspection for compliance and enforcement
(iii) For existing ships that are in service prior to October 2, 1983, in (a) While at a port or terminal under the jurisdiction of the United States,
conjunction with either their first inspection, for issuance of a Coast Guard a ship is subject to inspection by the Coast Guard—
Certification of Inspection, or reinspection, whichever occurs first after (1) To determine that a valid IOPP Certificate is on board and that the
October 2, 1984. condition of the ship and its equipment corresponds substantially with the
(2) All other surveys are conducted concurrently with either inspections particulars of the IOPP Certificate;
for certification or required reinspections. (2) To determine that evidence of compliance with MARPOL 73/78, as
(c) After any survey of a ship under this section has been completed, no required by §151.21 is on board and that the condition of the ship and its
significant change may be made in the construction, equipment, fittings, equipment corresponds substantially with the particulars of this evidence of
arrangements or material covered by the survey without the sanction of the compliance;
COTP or OCMI except for the direct replacement of such equipment or (3) To determine whether a ship has been operating in accordance with
fittings. and has not discharged any oil or oily mixtures in violation of the
(d) Fixed and floating drilling rigs and other platforms, barges, and provisions of MARPOL 73/78 or this subchapter;
uninspected ships; that are not required to have an IOPP Certificate on (4) To determine whether a ship has discharged oil or oily mixtures
board are not required to be surveyed under this section. anywhere in violation of MARPOL 73/78, upon request from a party to
MARPOL 73/78 for an investigation when the requesting party has
furnished sufficient evidence to support a reasonable belief that a discharge
151.19 International Oil Pollution Prevention (IOPP) Certificates.
has occurred.
(a) Each U.S. oil tanker of 150 gross tons and above and each other U.S.
(b) A ship that does not comply with the requirements of Parts 151,155
ship of 400 gross tons and above; that engages in voyages to ports or
and 157 of this chapter, or where the condition of the ship or its equipment
offshore terminals under the jurisdiction of other parties to MARPOL 73/78
docs not substantially agree with the particulars of the IOPP Certificate or
must have on board a valid International Oil Pollution Prevention (IOPP)
other required documentation, may be detained by order of the COTP or
Certificate.
OCMI, at the port or terminal where the violation is discovered until, in the
(b) Each oil tanker of 150 gross tons and above and each other ship of
opinion of the detaining authority, the ship can proceed to sea without
400 gross tons and above, operated under the authority of a country other
presenting an unreasonable threat of harm to the marine environment. The
than the United States that is party to MARPOL 73/78, must have on board
detention order may authorize the ship to proceed to the nearest appropriate
a valid IOPP Certificate.
available shipyard rather than remaining at the place where the violation
(c) An IOPP Certificate is issued by a COTP or OCMI after a satisfactory
was discovered.
survey in accordance with the provisions of §151.17.
(c) An inspection under this section may include an examination of the
(d) The Supplement to the IOPP Certificate is a part of the IOPP

Certificate and must remain attached to that Certificate. If the Supplement

PAGE 7 33 CFR PART 151


193
M.E.T. PUBLICATION 515 — 5TH EDITION
Oil Record Book, the oil content meter continuous records, and a general the ship.
examination of the ship. A copy of any entry in the Oil Record Book may (j) The master or other person having charge of a ship required to
be made and the Master of the ship may be required to certify that the copy keep an Oil Record Book shall be responsible for the maintenance of
is a true copy of such entry. such record.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002A, 55 (k) The Oil Record Book for a U.S. ship shall be maintained on board
FR 18582, May 2, 1990] for not less than three years.
(1) This section does not apply to a barge or a fixed or floating drilling
rig or other platform that is not equipped to discharge overboard any oil or
151.25 Oil Record Book. oily mixture.
(a) Each oil tanker of 150 gross tons and above, ship of 400 gross tons
(m) This section does not apply to a fixed or floating drilling rig or other
and above other than an oil tanker, and manned fixed or floating drilling
platform that is operating in compliance with a valid National Pollutant
rig or other platform shall maintain an Oil Record Book Part I (Machinery
Discharge Elimination System (NPDES) permit
Space Operations). An oil tanker of 150 gross tons and above or a non-oil
(Approved by the Office of Management and Budget under control
tanker that carries 200 cubic meters or more of oil in bulk, shall also
number 2115-0025)
maintain an Oil Record Book Part II (Cargo/Ballast Operations).
[CGD 75-124a, 48 FR 45709, Oct. 6,1983; 48 FR 54977, Dec. 8, 1983,
(b) An Oil Record Book printed by the U.S. Government is available to
amended by CGD 88-002A, 55 FR 18582, May 2, 1990]
the masters or operators of all U.S. ships subject to this section, from any
Coast Guard Marine Safety Office, Marine Inspection Office, or Captain of
the Port Office. 151.26 Shipboard oil pollution emergency plans.
(c) The ownership of the Oil Record Book of all U.S. ships remains with (a) Language of the plan. The shipboard oil pollution emergency plan
the U.S. Government must be available on board in English and in the working language of the
(d) Entries shall be made in the Oil Record Book on each occasion, on master and the officers of the ship, if other than English.
a tank to tank basis if appropriate, whenever any of the following (b) Plan format. The plan must contain the following six sections.
machinery space operations take place on any ship to which this section A seventh non-mandatory section may be included at the shipowner's
applies— discretion:
(1) Ballasting or cleaning of fuel oil tanks; (1) Introduction. This section must contain the following:
(2) Discharge of dirty ballast or cleaning water from fuel oil tanks; (i) Introductory text The introductory text of the plan must contain the
(3) Disposal of oily residues (sludge); and following language:
(4) Discharge overboard or disposal otherwise of bilge water that has This plan is written in accordance with the requirements of Regulation
accumulated in machinery spaces. 26 of Annex I of the International Convention for the Prevention of
(e) Entries shall be made in the Oil Record Book on each occasion, Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
on a tank to tank basis if appropriate, whenever any of the following thereto (MARPOL 73/78).
cargo/ballast operations take place on any oil tanker to which this The purpose of the plan is to provide guidance to the master and officers
section applies— on board the ship with respect to the steps to be taken when a pollution
(1) Loading of oil cargo; incident has occurred or is likely to occur.
(2) Internal transfer of oil cargo during voyage; The plan contains all information and operational instructions required
(3) Unloading of oil cargo; by the guidelines (Resolution MEPC.54(32)). The appendices contain
(4) Ballasting of cargo tanks and dedicated clean ballast tanks; names, telephone numbers, telex numbers, etc. of all contacts referenced in
(5) Cleaning of cargo tanks including crude oil washing; the plan, as well as other reference material.
(6) Discharge of ballast except from segregated ballast tanks;
This plan has been approved by the Coast Guard and, except as provided
(7) Discharge of water from slop tanks;
(8) Closing of all applicable valves or similar devices after slop tank below, no alteration or revision may be made to any part of it without the
discharge operations; prior approval of the Coast Guard.
(9) Closing of valves necessary for isolation of dedicated clean ballast Changes to the seventh section of the plan and the appendices do not
tanks from cargo and stripping lines after slop tank discharge require approval by the Coast Guard. The appendices must be maintained
operations; and up-to-date by the owners, operators, and managers.
(10) Disposal of residues. (ii) General information.
(f) Entries shall be made in the Oil Record Book on each occasion, on (A) The ship's name, call sign, official number. International Maritime
a tank-to-tank basis if appropriate, whenever any of the following Organization (IMO) international number, and principal characteristics.
operations take place on a fixed or floating drilling rig or other platform to (B) [Reserved]
which this section applies— (2) Preamble. This section must contain an explanation of the purpose
(1) Discharge of ballast or cleaning water from fuel oil tanks; and and use of the plan and indicate how the shipboard plan relates to other
(2) Discharge overboard of platform machinery space bilge water. shore-based plans.
(g) In the event of an emergency, accidental or other exceptional (3) Reporting Requirements. This section of the plan must include
discharge of oil or oily mixture, a statement shall be made in the Oil Record information relating to the following:
Book of the circumstances of, and the reasons for, the discharge. (i) When to report A report shall be made whenever an incident
(h) Each operation described in paragraphs (d), (e) and (f) of this section involves—
shall be fully recorded without delay in the Oil Record Book so that all the (A) A discharge of oil resulting from damage to the ship or its equipment,
entries in the book appropriate to that operation are completed. Each or for the purpose of securing the safety of a ship or saving life at sea;
completed operation shall be signed by the person or persons in charge of (B) A discharge of oil during the operation of the ship in excess of the
the operations concerned and each completed page shall be signed by the quantities or instantaneous rate permitted in §151.10 of this subpart or in
master or other person having charge of the ship. §157.37 of this subchapter; or
(i) The Oil Record Book shall be kept in such a place as to be readily (C) A probable discharge. Factors to be considered in determining
available for inspection at all reasonable times and shall be kept on board whether a discharge is probable include, but are not limited to: ship
location and proximity to land or other navigational hazards, weather, tide,

PAGE 8
33 CFR PART 151
194
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.

33 CFR PART 151


PAGE 9
195
M.E.T. PUBLICATION 515 — 5TH EDITION

Note: The alphabetical reference letters in the above format an from


"General principles for ship reporting systems and ship reporting
requirements, including guidelines for reporting incidents
involving dangerous goods, harmful substances and/or marine
pollutants" adopted by the International Maritime Organization
by resolution A648(16). The letters do not follow the complete
alphabetical sequence as certain letters are used to designate
information required for other standard reporting formats, e.g.
those used to transmit route information.

PAGE 10
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.

PAGE 11 33 CFR PART 151


197
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) A foreign oceangoing ship operating in the navigable waters of the (1) Except for ships that are not configured and are not equipped to
U.S. may not carry a Category C oil-like NLS listed in §151.49 in a cargo ballast or wash cargo tanks while proceeding en route, the ship must have
tank unless the ship has— a Coast Guard approved monitor under §157.12 that is approved for the
(1) An Attachment for NLSs to the IOPP Certificate that allows the NLS cargoes that are desired to be carried.
to be carried in that cargo tank; or (2) Except as required by paragraph (a)(3), ships of 150 meters or less
(2) A Certificate of Compliance issued under 46 CFR Part 153 to allow in length carrying a Category C oil-like NLS must meet the damage
the NLS to be carried in that cargo tank. stability requirements applying to a Type in hull as provided by Regulation
(c) A U.S. oceangoing ship authorized to carry certain dangerous 14 (c) of Annex II.
cargoes in bulk under 46 CFR Part 98 may not carry a Category C oil-like (3) A U.S. self propelled ship of 150 meters or less in length on a
NLS listed in §151.49 in a cargo tank unless the ship has a Certificate of coastwise voyage carrying a Category C oil-like NLS must meet the
Inspection endorsed to allow the NLS to be carried in that cargo tank, and damage stability requirements applying to a Type III hull as provided by
if the ship engages in a foreign voyage, an NLS Certificate issued under 46 CFR part 172, subpart F except §§172.130 and 172.133.
§15l.37(b) that allows the NLS to be earned in that cargo tank. (b) Except as allowed in paragraph (c) of this section, the Coast Guard
issues an NLS Certificate endorsed to allow the oceangoing ship engaged
151.35 Certificates needed to carry Category D NLS and Category D in a foreign voyage to carry a Category D NLS listed in § 151.47 if the ship
Oil-like NLS. has—
(a) A U.S. oceangoing ship may not carry a Category D NLS listed in (1) An approved Procedures and Arrangements Manual and Cargo
§151.47 in a cargo tank unless the ship has a Certificate of Inspection Record Book, both meeting the requirements in 46 CFR 153.490; and
endorsed to allow the NLS to be carried in that cargo tank, and if the ship (2) A residue discharge system meeting 46 CFR 153.470, unless the
engages if a foreign voyage— approved Procedures and Arrangements Manual limits discharge of
(1) An NLS Certificate issued under §151.37(b) to allow the NLS to be Category D NLS residue to the alternative provided by 46 CFR
carried in that cargo tank; or 153.1128(b).
(2) A Certificate of Fitness issued under 46 CFR part 153 to allow the (c) The Coast Guard issues a NLS Certificate with the statement that
NLS to be carried in that cargo tank. the vessel is prohibited from discharging NLS residues to the sea if the
(b) A U.S. oceangoing ship may not carry a Category D oil-like NLS vessel does not meet 46 CFR 153.470 and 153.490 but meets 46 CFR
listed in §151.49 in a cargo tank unless the ship has a Certificate of subpart 98.31.
Inspection endorsed to allow the NLS to be carried hi that cargo tank, and
if the ship engages if a foreign voyage— 151.39 Operating requirements: Category D NLS.
(1) An Attachment for NLSs to the IOPP Certificate, issued under The master or person in charge of an oceangoing ship that carries a
§151.37(a), to allow the NLS to be carried in that cargo tank; or Category D NLS listed in §151.47 shall ensure that the ship is operated as
(2) An NLS Certificate issued under §151.37(b) to allow the NLS to be prescribed for the operation of oceangoing ships carrying Category D NLSs
carried in that cargo tank, or in 46 CFR 153.901, 153.906, 153.909, 153.1100, 153.1104, 153.1106,
(3) A Certificate of Fitness issued under 46 CFR part 153 to allow the 153.1124, 153.1126, and 153.1128.
NLS to be carried in that cargo tank.
(c) A foreign oceangoing ship in the navigable waters of the U.S. may 151.41 Operating requirements for oceangoing ships with IOPP
not carry a Category D NLS listed in §151.47 in a cargo tank unless the Certificates: Category C and D Oil-like NLSs.
ship has one of the following: The master or person in charge of an oceangoing ship certificated under
(1) An NLS Certificate endorsed to allow the NLS to be carried in that §15137(a) shall ensure that—
cargo tank; or (a) The carriage and discharge of the oil-like NLS meets §§157.29,
(2) A Certificate of Compliance issued under 46 CFR part 153 to allow 157.31, 157.35, 157.37, 157.41, 157.45, 157.47, and 157.49 of this
the NLS to be carried in that cargo tank. chapter; and
(d) A foreign oceangoing ship in the navigable waters of the U.S. may (b) The oil-like NLS is not discharged unless—
not carry a Category D oil-like NLS listed in §151.49 in a cargo tank (1) The monitor required by §151.37(a)(1) is set to detect the oil-like
unless the ship has one of the following: NLS; and
(1) An Attachment for NLSs to the IOPP Certificate to allow the NLS (2) A statement that the monitor has been set to detect the oil-like NLS
to be carried in that cargo tank; or is entered in the Oil Record Book Part II (Cargo/Ballast Operations),
(2) An NLS Certificate endorsed to allow the NLS to be carried in the required by §151.25.
cargo tank; or
(3) A Certificate of Compliance issued under 46 CFR part 153 to allow
151.43 Control of discharge of NLS residues.
the NLS to be carried in the cargo tank.
(a) Unless the ship is a fixed or floating drilling rig or other
(e) A U.S. oceangoing ship authorized to carry certain dangerous
platform operating under an National Pollution Discharge Elimination
cargoes in bulk under 46 CFR part 98 may not carry a Category D NLS
System (NPDES) permit, the master or person in charge of an oceangoing
listed in §151.47 or a Category D oil-like NLS listed in §151.49 in a cargo
ship that cannot discharge NLS residue into the sea in accordance with 46
tank unless the ship has a Certificate of Inspection endorsed to allow the
CFR 153.1126 or 153.1128 shall ensure that the NLS
NLS to be carried in that cargo tank, and if the ship engages in a foreign
residue is—
voyage, an NLS Certificate issued under §151.37(b) that allows the NLS
(1) Retained on board; or
to be carried in that cargo tank. (2) Discharged to a reception facility.
(b) If Category A, B, or C NLS cargo or NLS residue is to be transfered
151.37 Obtaining an Attachment for NLSs to the IOPP Certificate and at a port or terminal in the United States, the master or person in charge of
obtaining an NLS Certificate. each oceangoing ship carrying NLS cargo or NLS residue shall notify the
(a) The Coast Guard issues an Attachment for NLSs to the IOPP port or terminal at least 24 hours before entering the port or terminal of—
Certificate to an oceangoing ship to allow the carriage of a Category C oil- (1) The name of the ship;
like NLS or a Category D oil-like NLS if the following requirements are (2) The name, category and volume of NLS cargo to be unloaded;
met

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33 CFR PART 151
198
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

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M.E.T. PUBLICATION 515 — 5TH EDITION
Dodecenylsuccinic acid, dipotassium salt solution Cod liver
2-Ethoxycthanol, see Ethylene glycol monoalkyl ethers Corn
Ethoxy triglycol (crude) Cottonseed
2-Ethyl-2-(hydroxymethyl)propane-l,3-diol, C8-C10 ester Fish
Ethyl acetate Groundnut
Ethyl acetoacetate Hazelnut
Ethyl butanol Nutmeg butter
Ethylenediaminetetraacetic acid, tetrasodium salt solution Olive
Ethylene glycol Palm
Ethylene glycol acetate Palm kernel
Ethylene glycol dibutyl ether Peanut
Ethylene glycol ethyl ether, see Ethylene glycol monoalkyl ethers Poppy
Ethylene glycol isopropyl ether, see Ethylene glycol monoalkyl ethers Raisin seed
Ethylene glycol methyl butyl ether Rapeseed
Ethylene glycol methyl ether, see Ethylene glycol monoalkyl ethers Rice bran
Ethylene glycol monoalkyl ethers Safflower
Including: Salad
2-Ethoxyethanol Sesame
Ethylene glycol butyl ether Soyabean
Ethylene glycol tert-butyl ether Sunflower seed
Ethylene glycol ethyl ether Tucum
Ethylene glycol methyl ether Vegetable
Ethylene glycol n-propyl ether Walnut
Ethylene glycol isopropyl ether Oil, misc:
Ethylene glycol phenyl ether Animal, n.o.s.
Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture Coconut oil, esterified
2-Ethylhexanoic acid Coconut oil, fatty acid methyl ester
Ethyl propionate Lanolin
Ferric hydroxyethylethylene diamine triacetic acid, trisodium salt Linseed
solution Neatsfoot
Form amide Oiticica
Glycerine (83%), Dioxanedimethanol (17%) mixture Palm oil, fatty acid methyl ester
Glycerol monooleate Palm oil, methyl ester
Glyoxal solution (40% or less) Perilla
Heptanoic acid Pilchard
Hexamethylenediamine adipate Soya bean (epoxidized)
Hexamethylenetetramine solutions Sperm
Hexanoic acid Tung
Hexanol Whale
N-(Hydroxyethyl)ethylenediamine triacetic acid, trisodium salt Olefin/Alkyl ester copolymer (molecular weight 2000+)
solution Oleic acid
Isophorone Palm kernel acid oil, methyl ester
Lactic add Palm kernel oil, fatty acid methyl ester, see Palm kernel add oil, methyl ester
Latex (ammonia (1% or less) inhibited) Palm stearin
Lecithin (soyabean) Pentaethylenehexamine
Long chain alkaryl sulfonic acid (C16-C60) Pentanoic add
Magnesium long chain alkaryl sulfonate (C11-C50) Poly(2-8)alkylene glycol monoalkyl(Cl-C6) ether
Magnesium long chain alkyl phenate sulfide (C8-C20) Including:
3-Methoxybutyl acetate Diethylene glycol butyl ether
Methyl acetoacetate Diethylene glycol ethyl ether
Methyl alcohol Diethylene glycol n-hexyl ether
Methyl butenol Diethylene glycol methyl ether
Methyl butyl ketone Diethylene glycol n-propyl ether
Methyl isobutyl ketone Dipropylene glycol butyl ether
Methyl tert-butyl ether Dipropylene glycol methyl ether
Methyl butynol Polypropylene glycol methyl ether
Methyl propyl ketone Triethylene glycol butyl ether
N-Methyl-2-pyirolidone Triethylene glycol ethyl ether
Myrcene Triethylene glycol methyl ether
Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt Tripropylene glycol methyl ether
solution Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate
Nonanoic acid (all isomers) Including:
Nonanoic, Tridecanoic acid mixture Diethylene glycol butyl ether acetate
Nonyl methacrylate Diethylene glycol ethyl ether acetate
Noxious Liquid Substance, (17) n.o.s. Diethylene glycol methyl ether acetate
Octadecenoamide solution Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures
Octanoic acid Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol
Oil, edible: monoalkyl(Cl-C6)ether
Babassu Including:
Beechnut n-Propoxypropanol
Castor
Cocoa butter
Coconut

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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

PAGE 15 33 CFR PART 151


201
M.E.T. PUBLICATION 515 — 5TH EDITION
engaged in commerce and that is documented under the laws of the United number 2115-0120)
States or numbered by a State. [CGD 88-002A, 55 FR 18582, May 2, 1990]
(2) Each manned fixed or floating platform subject to the jurisdiction of
the United States.
151.59 Placards.
(b) The master or person in charge of each ship under paragraph (a)(1)
(a) This section applies to the following:
or (a)(2) of this section shall ensure that a written record is maintained on
(1) Each manned U.S. ship (other than a fixed or floating platform) that
the ship of each of the following garbage discharge or disposal operations:
is 26 feet or more in length.
(1) Discharge overboard.
(2) Each manned floating platform in transit that is—
(2) Discharge to another ship.
(i) Documented under the laws of the United States; or
(3) Discharge to a reception facility.
(4) Incineration on the ship. (ii) Operating under the authority of the United States, including, but not
(c) The record under paragraph (b) of this section must contain the limited to, a lease or permit issued by an agency of the United States.
following information on each discharge or disposal operation: (b) The master or person in charge of each ship under paragraph (a)(1)
(1) The type of operation as described under paragraphs (b)(1) through or (a)(2) of this section shall ensure that one or more placards meeting the
(b)(4) of this section. requirements of this section are displayed in prominent locations and in
(2) The date and time of the operation. sufficient numbers so that they can be read by the crew and passengers.
(3) If the operation was conducted at a port, the name of the port. These locations must be readily accessible to the intended reader and may
(4) If the operation was not conducted at a port, the latitude and include embarkation points, food service facilities, garbage handling
longitude of the location where the operation was conducted and the spaces, and common spaces on deck.. If the Captain of the Port determines
estimated distance of that location from shore. If the operation involved that the number or location of the placards is insufficient to adequately
off-loading to another ship, the identity of the receiving ship by name and inform crew and passengers, the Captain of the Port may require additional
official number. placards and may specify their locations.
(5) The amount of garbage involved, described by volume in cubic (c) Each placard must be at least nine inches wide by four inches high,
meters. made of a durable material, and lettered with letters at least 1/8 inch high.
(6) For discharges into the sea, a description of the contents of the (d) Except as under paragraph (e) of this section, the placard must notify
garbage, described by the following categories: the reader of the following:
(i) Plastic material. (1) The discharge of plastic or garbage mixed with plastic into any
(ii) Floating dunnage, lining, or packing material. waters is prohibited.
(iii) Ground paper products, rags, glass, metal, bottles, crockery, or other (2) The discharge of all garbage is prohibited in the navigable waters of
similar garbage. the United States and, in all other waters, within three nautical miles of the
(iv) Unground paper products, rags, glass, metal, bottles, crockery, or nearest land.
other similar garbage. (3) The discharge of dunnage, lining, and packing materials that float is
(v) Victual wastes. prohibited within 25 nautical miles of the nearest land.
(vi) Incinerated ash. (4) Other unground garbage may be discharged beyond 12 nautical miles
(vii) Incinerated plastic residue. from the nearest land.
(d) The record under paragraph (b) of this section must be prepared at (5) Other garbage ground to less than one inch may be discharged
the time of the operation, certified as correct by the master or person in beyond three nautical miles of the nearest land.
charge of the ship, maintained on the ship for two years following the (6) A person who violates the above requirements is liable for a civil
operation, and made available for inspection by the Coast Guard. penalty of up to $25,000, a fine of up to $50,000, and imprisonment for up
[CGD 92-71, 59 FR 18703, Apr. 19, 1994] to five years for each violation.
(7) Regional, State, and local restrictions on garbage discharges also may
151.57 Waste management plans. apply.
(a) This section applies to the following: (e) For ships while operating on the Great Lakes or their connecting or
(1) Each manned oceangoing ship (other than a fixed or floating tributary waters, the placard must—
platform) of 40 feet or more in length that is documented under the laws (1) Notify the reader of the information in paragraph (d) of this
of the United States or numbered by a state and that either is engaged in section; or
commerce or is equipped with a galley and berthing. (2) Notify the reader of the following:
(2) Each manned fixed or floating platform that is— (i) The discharge of all garbage into the Great Lakes or their connecting
(i) Documented under the laws of the United States; or or tributary waters is prohibited.
(ii) Operating under the authority of the United States, including, but not (ii) A person who violates the above requirement is liable for a civil
limited to, a lease or permit issued by an agency of the United States. penalty of up to $25,000, a fine of up to $50,000, and imprisonment for up
(b) The master or person in charge of a ship under paragraphs (a)(1) and to five years for each violation.
(a)(2) of this section shall ensure that the ship is not operated unless a [CGD 88-002A, 56 FR 8880, Mar. 1, 1991]
waste management plan meeting paragraph (c) of this section is on the ship
and that each person handling garbage follows the plan. 151.61 Inspection for compliance and enforcement.
(c) Each waste management plan under paragraph (b) of this section While within the navigable waters of the United States or the Exclusive
must be in writing and— Economic Zone, a ship is subject to inspection by the Coast Guard or other
(1) Provide for the discharge of garbage by means that meet Annex V authorized federal agency to determine if-
of MARPOL 73/78, the Act, and §§151.51 through 151.77; (a) The ship has been operating in accordance with these regulations and
(2) Describe procedures for collecting, processing, storing, and has not discharged plastics or other garbage in violation of the provisions
discharging garbage; and of the Act or Annex V of MARPOL 73/78;
(3) Designate the person who is in charge of carrying out the plan. (b) Grinders or comminuters used for the discharge of garbage between
(Approved by the Office of Management and Budget under control 3 and 12 nautical miles from nearest land are capable of reducing the size
of garbage so that it will pass through a screen with openings no greater

33 CFR PART 151


PAGE 16
202
M.E.T. PUBLICATION 515 — 5TH EDITION
than 25 millimeters (one inch); 151.69 Operating requirements: Discharge of garbage outside special
(c) Information for recordkeeping requirements, when required under areas.
§151.55, is properly and accurately logged; (a) When operating outside of a special area specified in §151.53, no
(d) A waste management plan, when required under §151.57, is on board person may discharge, into the sea, garbage that is separated from plastic,
and that the condition of the ship, equipment and operational procedures if the distance from nearest land is less than—
of the ship meet the plan; and (1) 25 nautical miles for dunnage, lining and packing materials that
(e) Placards, when required by §151.59, are posted on board. float; or
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 880024, 55 FR (2) 12 nautical miles for victual wastes and all other garbage including
18583, May 2, 1990] paper products, rags, glass, metal, bottles, crockery and similar refuse,
except that, such garbage may be discharged outside of three nautical miles
151.63 Shipboard control of garbage. from nearest land after it has been passed through a grinder or comminuter
(a) The master, operator, or person who is in charge of a ship shall specified in §151.75.
ensure that all garbage is discharged ashore or in accordance with (b) Mixtures of garbage having different discharge requirements under
§§151.66-151.73. paragraph (a)(1) or (a)(2) of this section must be—
(b) The following factors, among others, may be considered by (1) Retained on board for later disposal ashore; or
enforcement personnel in evaluating compliance with §§151.51 through (2) Discharged in accordance with the more stringent requirement
151.77: prescribed by paragraph (a)(1) or (a)(2) of this section.
(1) Records, including receipts, of garbage discharges at port reception
facilities. 151.71 Operating requirements: Discharge of garbage within special
(2) Records under §151.55 or log entries of garbage discharges. areas.
(3) The presence and operability of equipment to treat ship-generated
(a) When a ship is located in a special area referenced in §151.53 of this
garbage, including, but not limited to, incinerators, grinders, or
part, no person may discharge garbage from the ship, except as allowed in
comminuters.
paragraph (b) or (c) in this section.
(4) The presence of and adherence to a written shipboard waste
(b) Except as provided in paragraph (c) of this section, disposal into the
management plan.
sea of victual waste must be made as far as practicable from land but, in
(5) The absence of plastics in ship stores.
any case, not less than 12 nautical miles from the nearest land.
(6) Ongoing educational programs to train shipboard personnel of
(c) Disposal into the Wider Caribbean region of victual wastes which
garbage handling procedures and the need for these.
have been passed through a comminuter or grinder shall be made as far as
(7) The presence of shipboard spaces used for collecting, processing,
practicable from land but, in any case, not less than 3 nautical miles from
storing and discharging ship-generated garbage.
the nearest land. Such comminuted or ground food wastes shall be capable
(c) The master, operator, or person who is in charge of a ship shall
of passing through a screen with opening no greater than 25 millimeters.
ensure that if garbage is transported from a ship by shipboard personnel,
[CGD 94-056, 60 FR 43378, Aug. 21, 1995]
it is properly deposited into a port or terminal's reception facility.
[CGD 88-002, 54 FR 18405; Apr. 28, 1989, as amended by CGD 88-002A, 55 FR
18583, May 2, 1990; CGD 92-71, 59 FR 18793, Apr. 19, 1994] 151.73 Operating requirements: Discharge of garbage from fixed or
floating platforms.
(a) Except as allowed in paragraph (b) of this section, no person may
151.65 Reporting requirements,
discharge garbage from—
The master or person who is in charge of each oceangoing ship shall
(1) A fixed or floating platform engaged in the exploration, exploitation
notify the port or terminal, at least 24 hours before entering the port or
or associated offshore processing of seabed mineral resources; or
terminal, of the name of the ship and the estimated volume of garbage
(2) Any ship within 500 meters (1650 feet) of such platforms.
requiring disposal, if any of the following types of garbage are to be
(b) Victual waste may be discharged into the sea from a ship or fixed or
discharged:
floating platform regulated by paragraph (a) of this section if—
(a) Garbage regulated by the Animal and Plant Health Inspection Service
(1) It passes through a comminuter or grinder meeting §151.75; and
(APMS) of the U.S. Department of Agriculture under 7 CFR 330.400 or (2) That ship or fixed or floating platform is beyond 12 nautical miles
9 CFR 94.5. from nearest land.
(b) Medical wastes.
(c) Hazardous wastes defined in 40 CFR 261.3.
151.75 Grinders or comminuters.
Each grinder or comminuter used to discharge garbage in accordance
151.66 Operating requirements: Discharge of garbage in the navigable
with § 151.69(a)(2) or § 151.73(b)( 1), must be capable of processing
waters prohibited.
garbage so that it passes through a screen with openings no greater than 25
No person on board any ship may discharge garbage into the navigable
millimeters (one inch).
waters of the United States.
Note: The navigable waters are defined in §2.05-25 of this chapter.
[CGD 88002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 880024, 55 FR 151.77 Exceptions for emergencies.
18583, May 2, 1990] Sections 151.67, 151.69 and 151.71 do not apply to the following:
(a) Discharges of garbage from a ship for the purpose of securing the
safety of the ship and those on board or saving life at sea.
151.67 Operating requirements: Discharge of plastic prohibited.
(b) The escape of garbage resulting from damage to a ship or its
No person on board any ship may discharge into the sea, or into the
equipment, if all reasonable precautions have been taken before and after
navigable waters of the United States, plastic or garbage mixed with plastic,
the occurrence of the damage, to prevent or minimize the escape.
including, but not limited to, synthetic ropes, synthetic fishing nets, and
(c) The accidental loss of synthetic fishing nets, provided all reasonable
plastic garbage bags. All garbage containing plastics requiring disposal
precautions have been taken to prevent such loss.
must be discharged ashore or incinerated.
[CGD 88002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 880324, 55 FR
[CGD 88002, 54 FR 18405 Apr. 28, 1989, as amended by CGD 88-002A, 55 FR
18583, May 2, 1990- CGD 90-054, 56 FR 19578, Apr. 29, 1991]
18583, May 2, 1990]

PAGE 17 33 CFR PART 151


203
M.E.T. PUBLICATION 515 — 5TH EDITION

Appendix A to §§ 151.51 through 151.77 - Summary of Garbage Discharge Restrictions

All Vessels Except Fixed or Floating Platforms and Associated Vessels


Garbage Type Outside special areas In special areas2 Fixed or Floating Platforms &
(33 CFR 151.69) (33 CFR 151.71) Assoc. Vessels3 (33 CFR 151.73)
Plastics—includes synthetic Disposal prohibited Disposal prohibited Disposal prohibited
ropes and fishing nets and (33 CFR 151.67). (33 CFR 151.67). (33 CFR 151.67).
plastic bags.
Dunnage, lining and packing Disposal prohibited less than 25 Disposal prohibited Disposal prohibited.
materials that float miles from nearest land and in (33 CFR 151.71).
the navigable waters of the U.S.
Paper, rags, glass, metal Disposal prohibited less than 12 Disposal prohibited Disposal prohibited.
bottles, crockery and similar miles from nearest land and in (33 CFR 151.71).
refuse. the navigable waters of the U.S.
Paper, rags, glass, etc. Disposal prohibited less than 3 Disposal prohibited Disposal prohibited.
comminuted or ground.1 miles from nearest land and in (33 CFR 151.71).
the navigable waters of the U.S.
Victual waste not comminuted Disposal prohibited less than 12 Disposal prohibited less than Disposal prohibited.
or ground. miles from nearest land and in 12 miles from nearest land.
the navigable waters of the U.S.
Victual waste comminuted or Disposal prohibited less than 3 Disposal prohibited less than Disposal prohibited less than 12
ground.1 miles from nearest land and in 12 miles from nearest land. miles from nearest land and in
the navigable waters of the U.S. the navigable waters of the U.S.
Mixed garbage types.4 See Note 4. See Note 4. See Note 4.
Note 1: Comminuted or ground garbage must be able to pass through a screen with a mesh size no larger than 25 mm. (1 inch) (33 CFR 151.75)
Note 2: Special areas under Annex V are the Mediterranean, Baltic, Black, Red, and North Seas areas and the Gulfs area. (33 CFR 151.53)
Note 3: Fixed or floating platforms and associated vessels includes all fixed or floating platforms engaged in exploration, exploitation or associated offshore
processing of seabed mineral resources, and all ships within 500m of such platforms.
Note 4: When garbage is mixed with other harmful substances having different disposal or discharge requirements, the more stringent disposal restrictions
shall apply.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 30-054, 56 FR 19,578, Apr. 29, 1991]

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]

33 CFR PART 151 PAGE 18


204
M.E.T. PUBLICATION 515 — 5TH EDITION
151.1012 Applying for a conditional permit. (2) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(a) The owner or operator of each vessel to which this subpart applies (3) The Marine Protection, Research, and Sanctuaries Act of 1972 (33
shall apply by letter for a conditional permit required by §151.1009. U.S.C. 1401 et seq.);
Applications must be submitted to Commandant (G-MOC), U.S. Coast (4) The Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 1401
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593- et seq.); or
0001, Ann: Shore Protection Act Desk and include the following: (5) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(1) The name, address, and telephone number of the vessel owner and (b) Upon reaching a determination to withdraw a conditional permit, the
operator. Coast Guard notifies the owner or operator of—
(2) The vessel's name and official number, if any. (1) The withdrawal and the reason for the withdrawal;
(3) The vessel's area of operation. (2) The procedures for appealing the withdrawal.
(4) The vessel's transport capacity. (c) After receiving the notice under paragraph (b) of this section, the
(5) A history of the types of cargo transported by the vessel during the owner or operator shall ensure that—
previous year, including identifying the type of municipal or commercial (1) The vessel immediately ceases transporting municipal or commercial
waste transported as— waste and the marking required by §151.1024 is removed; and
(i) Municipal waste; (2) The conditional permit is returned to the Coast Guard within 5 days
(ii) Commercial waste; after receiving the notice.
(iii) Medical waste; or
(iv) Waste of another character. 151.1021 Appeals.
(6) The types of cargo to be transported by the vessel during the (a) Any person directly affected by an action taken under this subpart
effective period of the conditional permit, including identifying the type of may request reconsideration by the Coast Guard officer responsible for that
municipal or commercial waste as it is identified in paragraphs (a)(5)(i) action.
through (iv) of this section. (b) The person affected who is not satisfied with a ruling after having it
(7) A statement of whether the application for a conditional permit is for reconsidered under paragraph (a) of this section may—
a single voyage, a short term operation or a continuing operation. If the (1) Appeal that ruling in writing within 30 days after the ruling to the
application is for a single voyage or a short term operation, the statement Chief, Marine Safely and Environmental Protection, U.S. Coast Guard,
must include the duration of the voyage or operation. Washington, DC 20593-0001; and
(8) An acknowledgment that certifies as to the truthfulness and accuracy (2) Supply supporting documentation and evidence that the appellant
of the information provided. wishes to have considered.
(b) The owner or operator under paragraph (a) of this section shall (c) Alter reviewing the appeal submitted under paragraph (b) of this
provide any additional information the Coast Guard may require. section, the Chief, Marine Safety and Environmental Protection issues a
[61 FR 33660, June 28, 1996] ruling which is final agency action.
(d) If the delay in presenting a written appeal has an adverse impact on
151.1015 Issuing or denying the issuance of a conditional permit. the operations of the appellant, the appeal under paragraph (b) of this
(a) After reviewing the application made under §151.1012, the Coast section—
Guard either— (1) May be presented orally; and
(1) Issues the conditional permit for a vessel under this section; or (2) Must be submitted in writing within five days after the oral
(2) Denies the issuance of the conditional permit to the vessel in presentation—
accordance with paragraph (c) of this section. On denying the issuance of (i) With the basis for the appeal and a summary of the material presented
the permit, the Coast Guard notifies the applicant of the— orally; and
(i) Denial and the reason for the denial; and (ii) To the same Coast Guard official who heard the oral presentation.
(ii) Procedures under §151.1021 for appealing the denial. [61 FR 33860, June 28, 19916]
(b) Each conditional permit issued under this section is effective—
(1) On the date it is issued; and 151.1024 Display of number.
(2) Until the expiration date stated on the conditional permit unless (a) The owner or operator of each vessel under this subpart must ensure
it is— that the vessel number stated on the conditional permit issued under
(i) Withdrawn under §151.1018; §151.1015 is displayed so that it—
(ii) Terminated because— (1) Is clearly legible;
(A) The vessel is sold; or (2) Has a contrasting background;
(B) This subpart no longer applies to the vessel. (3) Is readily visible from either side of the vessel; and
(c) The Coast Guard may deny the issuance of a conditional permit (4) Is in block figures that are at least 18 inches in height
if— (b) No person may tamper with or falsify a number required under this
(i) The application does not contain the information required under section.
§151.1012; or
(ii) There is reason to believe that the information contained on the Subpart C - Ballast Water Management for Control of
application is not true and correct Nonindigenous Species
AUTHORITY: 16 U.S.C. 4711; 49 CFR 1.46.
151.1018 Withdrawal of a conditional permit SOURCE: CGD 91-066, 58 FR 18334, Apr. 8, 1993, unless otherwise
(a) The Coast Guard may withdraw a conditional permit if the noted.
Administrator of the EPA requests withdrawal because the Administrator
has determined that the owner or operator of the vessel has a record or a
151.1500 Purpose.
pattern of serious violations of—
The purpose of this subpart is to implement the provisions of the
(1) Subtitle A of the Shore Protection Act of 1988 (33 U.S.C. 2601 et
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
seq.);
U.S.C. 4701 et seq.).

PAGE 19 33 CFR PART 151


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M.E.T. PUBLICATION 515 — 5TH EDITION
151.1502 Applicability. at Massena, New York, or prior to navigating on the Hudson River, north
This subpart applies to each vessel that carries ballast water and that after of the George Washington Bridge, such that, at the conclusion of the
operating on the waters beyond the Exclusive Economic Zone during any exchange, any tank from which ballast water will be discharged contains
part of its voyage enters the Snell Lock at Massena, New York, or water with a minimum salinity level of 30 parts per thousand.
navigates north of the George Washington Bridge on the Hudson River, (2) Retain the vessel's ballast water on board the vessel. If this method
regardless of other port calls in the United States or Canada during that of ballast water management is employed, the COTP may seal any tank or
voyage. hold containing ballast water on board the vessel for the duration of the
[CGD 94-003, 59 FR 67634; Dec. 30, 1994] voyage within the waters of the Great Lakes or the Hudson River, north of
the George Washington Bridge.
(3) Use an alternative environmentally sound method of ballast water
151.1504 Definitions.
The following terms are defined as used in this subpart. management that has been submitted to, and approved by, the Commandant
Ballast water means any water used to manipulate the draft, trim, or prior to the vessel's voyage. Requests for approval of alternative ballast
stability of a vessel, regardless of how it is carried on the vessel. water management methods must be submitted to the Commandant (G-M),
Captain of the Port (COTP) means the Coast Guard officer designated U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC
as COTP of either the Buffalo, NY, Marine Inspection Zone and Captain 20593-0001.
of the Port Zone or the New York, NY, Captain of the Port Zone described (b) No master of a vessel subject to this subpart shall separately
in part 3 of this chapter or an official designated by the COTP. discharge sediment from tanks or holds containing ballast water unless it
Commandant means the Commandant of the Coast Guard or an is disposed of ashore in accordance with local requirements.
authorized representative. (c) Nothing in this subpart authorizes the discharge of oil or noxious
Exclusive Economic Zone (EEZ) means the area established by liquid substances (NLSs) in a manner prohibited by United States or
Presidential Proclamation Number 5030, dated March 10, 1983, (48 FR international laws or regulations. Ballast water carried in any tank
10605, 3 CFR, 1983 Comp., p. 22), which extends from the base line of the containing a residue of oil, NLSs, or any other pollutant must be discharged
territorial sea of the United States seaward 200 miles, and the equivalent in accordance with the applicable regulations. Nothing in this
zone of Canada. subpart affects or supersedes any requirement or prohibitions pertaining to
Environmentally sound method means methods, efforts, actions, or the discharge of ballast water into the waters of the United States under the
programs, either to prevent introductions or to control infestations of Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
aquatic nuisance species, that minimize adverse impacts to the structure and [CGD 91-056, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR
function of an ecosystem, minimize adverse effects on non-target organisms 67634, Dec. 30, 1994]
and ecosystems, and that emphasize integrated pest management techniques
and non-chemical measures. 151.1512 Vessel safety.
Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including Nothing in this subpart relieves the master of the responsibility for
Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting ensuring the safety and stability of the vessel or the safety of the crew and
channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara passengers, or any other responsibility.
River, and Saint Lawrence River to the Canadian border), and includes all
other bodies of water within the drainage basin of such lakes and 151.1514 Ballast water management alternatives under extraordinary
connecting channels. conditions.
Port means a terminal or group of terminals or any place or facility that The master of any vessel subject to this subpart who, due to weather,
has been designated as a port by the COTP. equipment failure, or other extraordinary conditions, is unable to effect a
Voyage means any transit by a vessel destined for the Great Lakes or the ballast water exchange before entering the EEZ, must employ another
Hudson River, north of the George Washington Bridge, from a port or method of ballast water management listed in §151.1510, or request from
place outside of the EEZ, including intermediate stops at a port or place the COTP permission to exchange the vessel's ballast water within an area
within the EEZ. agreed to by the COTP at the time of the request and must discharge the
[CGD 91-066, 58 FR 18334 Apr. 8, 1993, as amended by CGD 94-003, 59 FR vessel's ballast water within that designated area.
67634, Dec. 30, 1994]
151.1516 Compliance monitoring.
151.1506 Restriction of operation. (a) The master of each vessel subject to this subpart shall provide, upon
No vessel subject to the requirements of this subpart may be operated in request, the following information, in written form, to the COTP:
the Great Lakes or the Hudson River, north of the George Washington (1) The vessel's name, port of registry, and official number or call sign.
Bridge, unless the master of the vessel has certified, in accordance with (2) The name of the vessel's owner(s).
§151.1516, that the requirements of this subpart have been met (3) Whether ballast water is being carried.
(4) The original location and salinity, if known, of ballast water taken
[CGD 94-003, 53 FR 67634, Dec. 30, 1994]
on, before an exchange.
(5) The location, date, and time of any ballast water exchange.
151.1508 Revocation of clearance. (6) The salinity of any ballast water to be discharged into the territorial
A COTP may request the District Director of Customs to withhold or waters of the United States.
revoke the clearance required by 46 U.S.C, app. 91 for a vessel subject to (7) The intended discharge port for ballast water and location for
this subpart, the owner or operator of which is not in compliance with the disposal of sediment carried upon entry into the territorial waters of the
requirements of this subpart. United States, if ballast water or sediment are to be discharged.
(8) The signature of the master attesting to the accuracy of the
151.1510 Ballast water management. information provided and certifying compliance with the requirements of
(a) The master of each vessel subject to this subpart shall employ one of this subpart.
the following ballast water management practices: (b) The COTP may take samples of ballast water to assess the compliance
(I) Carry out an exchange of ballast water on the waters beyond the with, and the effectiveness of, this subpart.
EEZ, in a depth exceeding 2000 meters, prior to entry into the Snell Lock,

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M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
CODE OF FEDERAL REGULATIONS 153.103 Definitions.
As used in this part
PART 153 - CONTROL OF POLLUTION BY (a) Act means the Federal Water Pollution Control Act, as amended (33
OIL AND HAZARDOUS SUBSTANCES, U.S.C. 1251 et seq.).
DISCHARGE REMOVAL (b) CERCLA means the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
[MET Editorial Note: This page shows the entire Table of Contents for this (c) Chemical agents means those elements, compounds, or mixtures that
"Part." However, we reprinted only those subparts and sections of concern to coagulate, disperse, dissolve, emulsify, foam, neutralize, precipitate,
foreign vessels. If you need additional information listed in this Table of Contents reduce, solubilize, oxidize, concentrate, congeal, entrap, fix, make the
that does not appear in the pages that follow, please write or fax us. We will be glad pollutant mass more rigid or viscous, or otherwise facilitate the mitigation
of deleterious effects or removal of the pollutant from the water. The term
to furnish this information for a small service charge]
"chemical agents" as used in this part includes dispersants, surface
TABLE OF CONTENTS collecting agents, biological additives, burning agents, and sinking agents
as defined in Subpart H of the National Contingency Plan.
Subpart A—General (d) Chief, Marine Safety and Environmental Protection means the Coast
153.101 Purpose. Guard Officer designated by the Commandant to assist and advise the
153.103 Definitions. Commandant on matters related to marine environmental response, port
153.105 FWPCA delegations and redelegation. and environmental safety, and waterways management
153.109 CERCLA delegations. (e) Coastal wafers means all U.S. waters subject to the tide, U.S. waters
of the Great Lakes, specified ports and harbors on the inland rivers, waters
Subpart B—Notice of the Discharge of Oil or a Hazardous Substance of the contiguous zone, or other waters of the high seas subject to
153.201 Purpose. discharges in connection with activities under the Outer Continental Shelf
153.203 Procedure for the notice of discharge Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater Port Act of 1974 (33
153.205 Fines. U.S.C. 1501 et seq.), or which may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of the United
States (including resources under the Magnuson Fishery Conservation and
Subpart C—Removal of Discharged Oil Management Act (16 U.S.C. 1801 et seq.)). These waters include those
153.301 Purpose contained within the Exclusive Economic Zone declared by Presidential
153.303 Applicability. Proclamation 5030 on March 10, 1983 (43 FR 10605).
153.305 Methods and procedures for the removal of discharged oil. Note: Coastal waters are those waters where the Coast Guard has the
153.307 Penalties. responsibility for providing On-Scene Coordinators under the National
Contingency Plan. Specific dividing lines between coastal and inland
Subpart D—Administration of the Pollution Fund waters, and the identification of specified ports and harbors on inland
153.401 Purpose. rivers, are contained in Regional Contingency Plans prepared pursuant to
153.403 Applicability. the National Contingency Plan.
153.405 Liability to the pollution fund (f) Contiguous zone means the entire zone established by the United
153.407 Payments or reimbursements from the pollution fund. States under Article 24 of the Convention on the Territorial Sea and the
153.411 Procedures for payment of judgments Contiguous Zone, as published in the June 1, 1972 issue of the Federal
153.413 Deposit of money into the fund Register (37 FR 11906).
153.415 Cost summary reports. (g) Discharge includes, but is not limited to, any spilling, leaking,
153.417 Reimbursement for actions under section 311(c) or 311(d) of the pumping, pouring, emitting, emptying, or dumping, but excludes (A)
Act of the Intervention on the High Seas Act discharges in compliance with a permit under Section 402 of the Act, (B)
discharges resulting from circumstances identified and reviewed and made
AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 1321; 42 U.S.C. 9615; E.O. part of the public record with respect to a permit issued or modified under
12580,3 C.F.R., 1987 Comp., p. 193; E.O. 12777,3 C.F.R., 1991 Comp., Section 402 of the Act, and subject to a condition in such permit, and (C)
p.351; 49 CFR 1.45 and 1.46.
continuous or anticipated intermittent discharges from a point source,
SOURCE: CGD 73-185, 41 FR 12630, Mar. 25, 1976, unless otherwise
noted. identified in a permit or permit application under section 402 of the Act,
which are caused by events occurring within the scope of relevant
operating or treatment systems.
(h) Hazardous substance means any substance designated by the
Subpart A—General Administrator of the Environmental Protection Agency pursuant to section
311(b)(2)of the Act
153.101 Purpose. (i) Inland waters means all other waters of the U.S. not included in the
The purpose of this part is to prescribe regulations concerning definition of coastal waters.
notification to the Coast Guard of the discharge of oil or hazardous Note: Inland waters are those waters where the Environmental
substances as required by the Federal Water Pollution Control Act, as Protection Agency has the responsibility for providing On-Scene
amended (FWPCA); the procedures for the removal of a discharge of oil; Coordinators under the National Contingency Plan. Specific dividing lines
and the costs that may be imposed or reimbursed for the removal of a between coastal and inland waters are contained in Regional Contingency
discharge of oil or hazardous substances under the FWPCA. Plans prepared pursuant to the National Contingency Plan.
[CGD 84-067, 51 FR 17965 May 18, 1986] (j) Mechanical removal means the use of pumps, skimmers, booms,

PAGE 1 33 CFR PART 153


207
M.E.T. PUBLICATION 515 — 5TH EDITION
earthmoving equipment, and other mechanical devices to contain the 153.109 CERCLA delegations.
discharge of oil and to recover the discharge from the water or adjoining The delegations under the Comprehensive Environmental Response,
shorelines. Compensation, and Liability Act of 1980 (CERCLA) are published in
(k) Navigable waters means the waters of the United States as defined §1.01-70 of this chapter.
in paragraph 2.05-25(b) of this Chapter. [CGD 83-009, 49 FR 575, Jan. 5, 1984]
(1) Offshore facility means any facility of any kind located in, on, or
under, any of the navigable waters of the United States, and any facility of Subpart B—Notice of the Discharge of Oil or a
any kind which is subject to the jurisdiction of the United States and is Hazardous Substance
located in, on, or under any other waters, other than a vessel or a public
vessel.
153.201 Purpose.
(m) Oil means oil of any kind or in any form, including but not limited
The purpose of this subpart is to prescribe the manner in which the
to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other
notice required in section 311 (b)(5) of the Act is to be given and to list the
than dredged spoil.
government officials to receive that notice.
(n) On-Scene Coordinator or OSC is the Federal official predesignated
by the Environmental Protection Agency (EPA) or Coast Guard to
coordinate and direct Federal removal efforts at the scene of an oil or 153.203 Procedure for the notice of discharge.
hazardous substance discharge as prescribed in the National Oil and Any person in charge of a vessel or of an onshore or offshore facility
Hazardous Substances Pollution Contingency Plan (National Contingency shall, as soon as they have knowledge of any discharge of oil or a
Plan) as published in 40 CFR Part 300. hazardous substance from such vessel or facility in violation of section
(o) Onshore facility means any facility (including, but not limited to, 311(b)(3) of the Act, immediately notify the National Response Center
motor vehicles and rolling stock) of any kind located in, on, or under, any (NRC), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC
land within the United States other than submerged land. 20593, toll free telephone number 800-424-8802 (in Washington, DC
(p) Person includes an individual, firm, corporation, association, and a metropolitan area, (202) 267-2675). If direct reporting to the NRC is not
partnership. practicable, reports may be made to the Coast Guard or EPA predesignated
(q) Pollution Fund and Fund means the revolving fund established in the OSC for the geographic area where the discharge occurs. All such reports
Treasury under the authority in section 311(k) of the Act to carry out the shall be promptly relayed to the NRC. If it is not possible to notify the
provisions of section 311 (c), (d), (i), and (1) of the Act NRC or the predesignated OSC immediately, reports may be made
(r) Public vessel means a vessel owned or bare-boat chartered and immediately to the nearest Coast Guard unit, provided that the person in
operated by the United States, or by a State or political subdivision charge of the vessel or onshore or offshore facility notifies the NRC as
thereof, or by a foreign nation, except when such vessel is engaged in soon as possible.
commerce. Note: Geographical jurisdiction of Coast Guard and EPA OSC's are
(s) Remove or Removal refers to removal of oil or hazardous substances specified in the applicable Regional Contingency Plan. Regional
from the waters and shorelines or the taking of such other actions as may Contingency Plans are available at Coast Guard District Offices and EPA
be necessary to minimize or mitigate damage to the public health or Regional Offices as indicated in Table 2. Addresses and telephone numbers
welfare, including, but not limited to, fish, shellfish, wildlife, and public for these offices are listed in Table 1.
and private property, shorelines, and beaches. [CGD 84067, 51 FR 1736S. May 18, 1988, as amended by CGD 88-052, 53 FR
(t) Sorbent means materials essentially inert and insoluble used to 25121, July 1, 1988]
remove oil from water through a variety of sorption mechanisms. Examples
include straw, expanded perlite, polyurethane foam, reclaimed paper fibers, 153.205 Fines.
and peat moss. Section 311(b)(5) of the Act prescribes that any person who fails to
(u) Such quantities as may be harmful means those quantities of oil and notify the appropriate agency of the United States Government immediately
any hazardous substances determined in accordance with the provisions of of a discharge is, upon conviction, subject to a fine of not more than
section 311(b)(4) of the Act $10,000, or to imprisonment of not more than one year, or both.
Note: Regulations that relate to such quantities as may be harmful of oil
are published in 40 CFR Part 110. Regulations that relate to such quantities Table 1—Addresses and Telephone Numbers of Coast Guard District
as may be harmful (reportable quantities) of hazardous substances are Offices and EPA Regional Offices
published in 40 CFR Part 117 and also listed in 40 CFR Part 302.
(v) United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin EPA Regional Offices
Islands, and the Trust Territory of the Pacific Islands.
(w) Vessel means every description of watercraft or other artificial Region: Address Telephone
contrivance used, or capable of being used, as a means of transportation on
I John F. Kennedy Federal Bldg., Boston, MA 02203 617-565-3715
water other than a public vessel.
II 26 Federal Plaza, New York, MY 10278 212-264-2525
[CGD 84067, 51 FR 17965 May 16, 1988, as amended by CGD 88-052, 53 FR
III 841 Chestnut Street, Philadelphia, PA 19107 215-597-9800
25121, July 1, 1988; 61 FR 33660, June 28, 1996] IV 345 Courtland Street, NE, Atlanta, GA 30365 404-347-4727
V 230 S. Dearborn Sleet, 13th Fl, Chicago, IL 60604 312-353-2000
VI 1445 Ross Ave., 12th Fl, Ste 1200, Dallas, TX 75202 214-655-6444
153.105 FWPCA delegations and redelegation. VII 726 Minnesota Avenue, Kansas City, KS 66101 913-236-2800
The delegations and redelegations under the Federal Water Pollution VIII 999 18th St, Suite 500, Denver, CO 80202-2405 303-293-1603
Control Act (FWPCA) [33 U.S.C. 1321 et seq.] are published in §1.01-80and IX 215 Fremont Street, San Francisco, CA 94105 415-974-8071
§1.01-85, respectively, of this chapter. X 1200 6th Avenue, Seattle, WA 98101 206-442-5810
[CGD 31-225, 53 FR 66405, Dec. 27, 1994]

§153.107 [Reserved]

33 CFR PART 153 PAGE 2


208
M.E.T. PUBLICATION 515 — 5TH EDITION
Coast Guard District Offices Table 2—Standard Administrative Regions of States and
District Address Telephone Corresponding Coast Guard Districts and EPA Regions
Continued
1st 408 Atlantic Ave., Boston, MA 02110-2209 617-223-8444
2nd 1430 Olive St., St. Louis, MO 63103 314-425-4655
5th Federal Bldg, 431 Crawford St., Portsmouth,
VA 23705-5004 804-398-6638 Coast
7th Federal Bldg., Room 1221, 51 S W 1st Ave, States and EPA region Guard
Miami, FL 33130 305-536-5651 district
8th Hale Boggs Federal Bldg, 500 Camp St..
New Orleans, LA 70130-3396 504-589-6901 Region V
9th 1240 East 9th St., Cleveland, OH 44199 216-522-3919
11th Union Bank Bldg., 400 Oceangate, Long Beach, Minnesota.
CA 90822-5399 213-499-5330 Great Lakes area 9th
13th Federal Bldg., 915 Second Ave, Seattle, WA 98174 206-442-5850 Inland rivers area 2nd
14th Prince Kalanianaole Federal Bldg., 300 Ala Moana Wisconsin
Blvd., 9th Floor, Honolulu, HI 96850 808-541-2114 Great Lakes area 9th
17th P.O. Box 3-5000, Juneau, AK 99802 907-586-7195 Inland rivers area 2nd
Michigan 9th
Illinois
Table 2—Standard Administrative Regions of States and Great Lakes area 9th
Corresponding Coast Guard Districts and EPA Regions Inland rivers area 2nd
Indiana.
Great Lakes area 9th
Inland rivers area 2nd
Coast
States and EPA region Guard Ohio
Great Lakes area 9th
district
Inland rivers area 2nd
Region I Region VI
Maine 1st New Mexico 8th
New Hampshire 1st Texas 8th
Oklahoma 2nd
Vermont
Arkansas 2nd
All except Northwestern portion 1st
Louisiana 8th
Northwestern portion 1st
Region VII
Massachusetts 1st
Connecticut 1st Nebraska 2nd
Rhode Island 1st Iowa 2nd
Kansas 2nd
Region II
Missouri 2nd
New York
Coastal area and Eastern portion 1st Region VIII
Great Lakes area and other portions 9th Montana 13th
New Jersey Wyoming 2nd
Utah 11th
Upper portion 1st Colorado 2nd
Lower portion 5th
North Dakota 2nd
Puerto Rico 7th South Dakota 2nd
Virgin Islands 7th Region IX.
Region III California 11th
Pennsylvania. Nevada 11th
Eastern portion 5th
Arizona 11th
Great Lakes area 9th Hawaii 14th
Southwestern portion 2nd
Guam 14th
Maryland 5th
Delaware 5th American Samoa 14th
Trust Territory of the Pacific Islands 14th
West Virginia 2nd
Northern Mariana Islands 14th
Virginia 5th Region X
District of Columbia 5th
Washington 13th
Region IV
Oregon 13th
Kentucky 2nd Idaho 13th
Tennessee 2nd
Alaska 17th
North Carolina 5th
South Carolina 7th
Georgia 7th [CGD 84067, 51 FR 17967. May 16, 1988, as amended by CGD 88-052, 53 FR
Florida.
25121, July 1, 1988]
Atlantic and Gulf coasts 7th
Panhandle area 8th
Alabama. Subpart C—Removal of Discharged Oil
Southern 8th
Northern 2nd 153.301 Purpose.
Mississippi The purpose of this subpart is to prescribe methods and procedures to be
Southern 8th used to remove discharges of oil from coastal waters
Northern 2nd

33 CFR PART 153

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.

153.413 Deposit of money into the fund.


153.405 Liability to the pollution fund.
Any person liable for the payment of the following shall remit
The owner or operator of the vessel or onshore or offshore facility from
payment by check or postal money order, payable to the U.S. Coast
which a discharge occurs that requires Federal removal activity is liable to
Guard, to the cognizant District Commander, or to the Commandant for
the pollution fund for the actual costs of Federal and State agencies,
deposit into the Pollution Fund as prescribed in section 311(k) of the
including the employment and use of personnel and equipment, not to
Act:
exceed the limits established by sections 311(f) and (g) of the Act
(a) A fine or penalty imposed, assessed, or compromised under section
311 of the Act, including the proceeds of a bond or other surety obtained
153.407 Payments or reimbursements from the pollution fund. pursuant to section 311(b)(6).
(a) The following costs incurred during performance of a Phase III (b) A claim asserted by the cognizant District Commander for costs
activity as defined in Subpart E of the National Contingency Plan, or a recoverable under sections 311 (f) and (g) of the Act
removal action as defined in Subpart F of the National Contingency Plan, (c) A judgment obtained by the United States for costs recoverable under
are reimbursable to Federal and State agencies when authorized by the sections 311 (f) and (g) of the Act
appropriate OSC under the authority of section 311(c) of the Act, and are

33 CFR PART 153 PAGE 4


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M.E.T. PUBLICATION 515 — 5TH EDITION
153.415 Cost summary reports.
As soon as practicable after completion of an action authorized under
section 311 (c) or (d) of the Act or the Intervention on the High Seas Act,
the OSC submits a cost summary report to the cognizant District
Commander that includes:
(a) Names of agencies and contractors authorized to participate in the
action;
(b) A general description of the function performed by each participating
agency and contractor;
(c) An estimate of the cost of each function performed by each
participating agency and contractor; and
(d) A copy of contracts, memoranda, or other documents pertaining to
the functions performed by the participating agencies and contractors.
[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067,
51 FR 17967, May 16, 1986]

153.417 Reimbursement for actions under section 311(c) or 311(d) of


the Act of the Intervention on the High Seas Act.
(a) Each Federal or State agency requesting reimbursement for an action
authorized under section 311(c) or 311(d) of the Act or under the
Intervention on the High Seas Act must, within 60 days after completion
of the action, submit to the cognizant District Commander, through the
OSC for review and certification required in paragraph (b) of this section,
lists accompanied by supporting accounting data, itemizing actual costs
incurred.
(b) Requests for reimbursement submitted by Federal and State agencies
are reviewed by the OSC to ensure that the costs for which reimbursement
is being sought were authorized as Phase III removal actions for oil
discharges, or removal actions as defined in Subpart F for hazardous
substance discharges, and must have one of the following certifications by
the OSC, as appropriate:
(1) I certify that 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.

(OSC signature)

(Incident title)

(Pollution incident project number)

(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)

(Pollution incident project number)

[CGD 84-067, 51 FR 17967, May 18, 1986]

PAGE 5 33 CFR PART 153


211
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
154.820 Fire, explosion, and detonation protection.
CODE OF FEDERAL REGULATIONS 154.822 Detonation arresters, flame arresters, and flame screens
PART 154 - FACILITIES TRANSFERRING 154.824 Inciting, enriching, and diluting systems.
OIL OR HAZARDOUS MATERIAL 154.826 Vapor compressors and blowers.
IN BULK 154.828 Vapor recovery and vapor destruction units.
154.840 Personnel training.
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." 154.850 Operational requirements.
However, we reprinted only those subparts and sections of concern to foreign
Subpart F—Response Plans
vessels. If you need additional information listed in this Table of Contents that does
154.1010 Purpose.
not appear in the pages that follow, please write or fax us. We will be glad to furnish 154.1015 Applicability.
this information for a small service charge] 154.1016 Facility classification by COTP.
TABLE OF CONTENTS 154.1017 Response plan submission requirements.
154.1020 Definitions.
154.1025 Operating restrictions and interim operating authorization
Subpart A—General 154.1026 Qualified individual and alternate qualified individual.
154.100 Applicability 154 1028 Methods of ensuring the availability of response resources by
154.105 Definitions contract or other approved means.
154.106 Incorporation by reference. 154.1029 Worst case discharge.
154.107 Alternatives. 154.1030 General response plan contents.
154.108 Exemptions.
154.1035 Specific requirements for facilities that could reasonably be
154.110 Letter of intent
to cause significant and substantial harm to the environment.
154.120 Facility examinations.
154.1040 Specific requirements for facilities that could reasonably be
Subpart B—Operations Manual expected to cause substantial harm to the environment
154.300 Operations manual- General 154.1041 Specific response information to be maintained on mobile MTR
154.310 Operations manual' Contents. facilities.
154.320 Operations manual: Amendment 154.1045 Response plan development and evaluation criteria for facilities
that handle, store, or transport Group I through Group IV
154.325 Operations Manual: Procedures for examination
petroleum oils.
Subpart C—Equipment Requirements 154.1047 Response plan development and evaluation criteria for facilities
154.500 Hose assemblies. that handle, store, or transport Group V petroleum oils.
154.1050 Training.
154.510 Loading arms
154.1055 Exercises.
154.520 Closure devices.
154.525 Monitoring devices. 154.1057 Inspection and maintenance of response resources.
154.530 Small discharge containment 154.1060 Submission and approval procedures.
154.540 Discharge removal 154.1065 Plan review and revision procedures.
154.545 Discharge containment equipment 154.1070 Deficiencies.
154.550 Emergency shutdown. 154.1075 Appeal process.
154.560 Communications
154.570 Lighting Subpart G—Additional Response Plan Requirements for a Trans-Alaska
Pipeline Authorization Act (TAPAA) Facility Operating in
Subpart D—Facility Operations Prince William Sound, Alaska
154.700 General. 154.1110 Purpose and applicability.
154.710 Persons in charge: Designation and qualification 154.1115 Definitions.
154.730 Persons in charge: Evidence of designation 154.1120 Operating restrictions and interim operating authorization
154.735 Safety requirements 154.1125 Additional response plan requirements.
154.740 Records. 154.1130 Requirements for prepositioned response equipment
154.750 Compliance with operations manual. 154.1135 Response plan development and evaluation criteria.
154.1140 TAPAA facility contracting with a vessel.
Subpart E—Vapor Control Systems
154.800 Applicability Subpart H—Response Plans for Animal Fats and Vegetable Oils
154.802 Definitions Facilities
154.804 Review, certification, and initial inspection 154.1210 Purpose and applicability.
154.806 Application for acceptance as a certifying entity 154.1220 Response plan submission requirements
154.808 Vapor control system, general. 154.1225 Response plan development and evaluation criteria for facilities
154.810 Vapor line connections. that handle, store, or transport animal fats and vegetable oils
154.812 Facility requirements for vessel liquid overfill protection 154.1228 Methods of ensuring the availability of response resources by
154.814 Facility requirements for vessel vapor overpressure and vacuum contract or other approved means.
protection.
Subpart I—Response Plans for Other Non-Petroleum Oil Facilities
154.1310 Purpose and applicability.
154.1320 Response plan submission requirements.
154.1325 Response plan development and evaluation criteria for facilities
that handle, store, or transport other non-petroleum oils.

33 CFR PART 154


PAGE 1
212
M.E.T. PUBLICATION 515 — 5TH EDITION
APP. A Guidelines for Detonation Flame Arresters for the Prevention of Pollution from Ships, 1973 (done at London,
APP. B Standard Specification for Tank Vent Flame Arresters February 17, 1978).
APP. C Guidelines for Determining and Evaluating Required Response Mobile facility means any facility that can readily change location, such
Resources for Facility Response Plans as a tank truck or tank car, other than a vessel or public vessel.
APP. D Training Elements for Oil Spill Response Plans Monitoring device means any fixed or portable sensing device used to
AUTHORITY: 33 U.S.C. 1231,1321(j)(1)(C), (j)(5), (j)(6) and (m)(2); sec. monitor for a discharge of oil or hazardous material onto the water, within
2, E.O. 12777, 56 FR 54757; 49 CFR 1.46. Subpart F is also issued under or around a facility, and designed to notify operating personnel of a
33 U.S.C. 2735. discharge of oil or hazardous material.
Officer in Charge, Marine Inspection (OCMI) means the U.S. Coast
Guard officer commanding a Marine Inspection Zone described in Part 3
of this chapter, or an authorized representative.
Subpart A – General
Offshore facility means any facility of any kind located in, on, or under,
[MET Editorial Note: 33 CFR Part 154 refers "facilities," such as oil any of the navigable waters of the United States, and any facility of any
terminals, fuel docks, and tank trucks, rather than vessels. However, the kind which is subject to the jurisdiction of the United States and is located
definitions in 33 CFR 154.105 are incorporated as part of the definitions in, on, or under any other waters, other than a vessel or a public vessel.
used in 33 CFR Part 155. Refer to 33 CFR 155.110.] Oil means oil of any kind or in any form, including but not limited to,
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than
dredged spoil.
Onshore facility means any facility (including, but not limited to, motor
154.105 Definitions. vehicles and rolling stock) of any kind located in, on, or under any land
As used in this part within the United States other than submerged land.
Barrel means a quantify of liquid equal to 42 U.S. gallons. Person in charge means an individual designated as a person in charge
Boundary Line means the lines described in 46 CFR Part 7. of transfer operations under §154.710 (for facilities) or §155.700 (for
Captain of the Port (COTP) means the U.S. Coast Guard officer vessels) of this chapter.
commanding a Captain of the Port Zone described in Part 3 of this chapter, STCW means the International Convention on Standards of Training,
or that person's authorized representative. Certification, and Watchkeeping for Seafarers, 1978.
Caretaker Status denotes a facility where all piping, hoses, loading arms, Tank barge means any tank vessel not equipped with a means of self-
storage tanks, and related equipment in the marine transfer area are propulsion.
completely free of oil or hazardous materials, where these components have Tankship means any tank vessel constructed or adapted primarily to
been certified as being gas free, where piping, hoses, and loading arms carry oil or hazardous material in bulk as cargo or as cargo residue and
terminating near any body of water have been blanked, and where the propelled by power or sail.
facility operator has notified the COTP that the facility will be in caretaker Tank vessel means any vessel that carries oil or hazardous material in
status. bulk as cargo or in residue.
Commandant means the Commandant of the Coast Guard or an Transfer means any movement of oil or hazardous material to, from, or
authorized representative. within a vessel by means of pumping, gravitation, or displacement. A
Contiguous Zone means the entire zone established by the United States transfer is considered to begin when the person in charge on the
under Article 24 of the Convention on the Territorial Sea and the transferring vessel or facility and the person in charge on the receiving
Contiguous Zone, but not extending beyond 12 miles from the baseline facility or vessel first meet to begin completing the declaration of
from which the breadth of the territorial sea is measured. inspection as required by 156.150 of this chapter. A transfer is considered
District Commander means the officer of the Coast Guard designated by to be complete when all the connections for the transfer have been
the Commandant to command a Coast Guard District, as described in Part uncoupled and secured with blanks or other closure devices and both of the
3 of this chapter or an authorized representative. persons in charge have completed the declaration of inspection to include
Facility means either an onshore or offshore facility, except for an the date and time the transfer was complete.
offshore facility operating under the jurisdiction of the Secretary of the Vessel operator means a person who owns, operates, or is responsible for
Department of Interior, and includes, but is not limited to, structure, the operation of a vessel.
equipment, and appurtenances thereto, used or capable of being used to [CGD 75-124 45 FR 7169, Jan. 31, 1960, as amended by CGD 86-034; 55 FR
transfer oil or hazardous materials to or from a vessel or public vessel.
36252, Sept. 4 1990; CGD 78-118, 60 FR 17141, Apr. 4. 1995; 61 FR 41452, Aug.
Also included are facilities that tank clean or strip and any floating
structure that is used to support an integral part of the facility's operation. 08, 1996]
A facility includes federal, state, municipal, and private facilities.
Facility operator means the person who owns, operates, or is responsible
for the operation of the facility.
Hazardous material means a liquid material or substance, other than oil
or liquefied gases, listed under 46 CFR 153.40 (a), (b), (c), or (e).
Marine transfer area means that part of a waterfront facility handling oil
or hazardous materials in bulk between the vessel, or where the vessel
moors, and the first manifold or shutoff valve on the pipeline encountered
after the pipeline enters the secondary containment around the bulk storage
tank required under 40 CFR 112.7 inland of the terminal manifold or
loading arm, or, in the absence of secondary containment, to the valve or
manifold adjacent to the bulk storage tank, including the entire pier or
wharf to which a vessel transferring oil or hazardous materials is moored.
MARPOL 73/78 means the International Convention for the Prevention
of Pollution from Ships, 1973 (done at London, November 2, 1973) as
modified by the Protocol of 1978 relating to the International Convention

PAGE 2 33 CFR PART 154


213
M.E.T. PUBLICATION 515 — 5TH EDITION
of 4,000 gross tons and above other than oil tankers, and on new
TITLE 33 oceangoing oil tankers of 150 gross tons and above
CODE OF FEDERAL REGULATIONS 155.450 Placard.
PART 155 - OIL OR HAZARDOUS MATERIAL 155.470 Prohibited spaces.
POLLUTION PREVENTION 155.480 Overfill devices.
REGULATION FOR VESSELS
C—Transfer Personnel, Procedures, Equipment, and Records
155.700 Designation of person in charge.
[MET Editorial Note: This page shows the entire Table of Contents for this "Part."
155.710 Qualifications of person in charge
However, we reprinted only those subparts and sections of concern to foreign 155.720 Transfer procedures.
vessels. If you need additional information listed in this Table of Contents that does 155.730 Compliance with transfer procedures
not appear in the pages that follow, please write or fax us. We will be glad to furnish 155.740 Availability of transfer procedures.
this information for a small service charge] 155.750 Contents of transfer procedures.
155.760 Amendment of transfer procedures.
TABLE OF CONTENTS 155.770 Draining into bilges.
155.775 Maximum cargo level of oil.
Subpart A—General 155.780 Emergency shutdown.
155.100 Applicability. 155 785 Communications.
155.110 Definitions 155.790 Deck lighting.
155.120 Equivalents 155.800 Transfer hose.
155.130 Exemptions. 155.805 Closure devices
155.140 Incorporation by reference. 155.810 Tank vessel security.
155.815 Tank vessel integrity.
Subpart B—Vessel Equipment
155.820 Records.
155.200 Definitions.
155.205 Discharge removal equipment for vessels 400 feet or greater in
length. Subpart D—Response Plans
155.210 Discharge removal equipment for vessels less than 400 feet in 155.1010 Purpose
length 155.1015 Applicability.
155.215 Discharge removal equipment for inland oil barges 155.1020 Definitions.
155.220 Discharge removal equipment for vessels carrying oil as second 155.1025 Operating restrictions and interim operating authorization.
any cargo. 155.1026 Qualified individual and alternate qualified individual.
155.225 Internal cargo transfer capability. 155.1030 General response plan requirements.
155.230 Emergency towing capability for oil barges. 155.1035 Response plan requirements for manned vessels carrying oil as
155.235 Emergency towing capability for oil tankers a primary cargo.
155.240 Damage stability information for oil tankers and offshore oil 155.1040 Response plan requirements for unmanned tank barges carrying
barges. oil as a primary cargo.
155.245 Damage stability information for inland oil barges. 155.1045 Response plan requirements for vessels carrying oil as a
155.310 Containment of oil and hazardous material cargo discharges. secondary cargo.
155.320 Fuel oil and bulk lubricating oil discharge containment 155.1050 Response plan development and evaluation criteria for vessels
155.330 Bilge slops/fuel oil tank ballast water discharges on U.S. non- carrying groups I through IV petroleum oil as a primary cargo.
oceangoing ships. 155.1052 Response plan development and evaluation criteria for vessels
155.350 Bilge slops/fuel oil tank ballast water discharges on oceangoing carrying group V petroleum oil as a primary cargo.
ships of less than 400 gross tons. 155.1055 Training.
155.360 Bilge slops discharges on oceangoing ships of 400 gross tons and 155.1060 Exercises.
above but less than 10,000 gross tons, excluding ships that carry 155.1062 Inspection and maintenance of response resources.
ballast water in their fuel oil tanks 155.1065 Procedures for plan submission, approval, requests for accep-
155.370 Bilge slops/fuel oil tank ballast water discharges on oceangoing tance of alternative planning criteria, and appeal.
ships of 10,000 gross tons and above and oceangoing ships of 155.1070 Procedures for plan review, revision, amendment, and appeal.
400 gross tons and above that carry ballast water in their fuel oil
tanks. Subpart E—Additional Response Plan Requirements for Tankers
155.380 Oily-water separating equipment, bilge alarm, and bilge monitor Loading Cargo at a Facility Permitted Under the Trails-Alaska Pipe-
approval standards line Authorization Act
155.400 Platform machinery space drainage on oceangoing fixed and 155.1110 Purpose and applicability.
floating drilling rigs and other platforms 155.1115 Definitions.
155.410 Pumping, piping and discharge requirements for non-oceangoing 155.1120 Operating restrictions and interim operating authorization.
ships of 100 gross tons and above 155.1125 Additional response plan requirements.
155.420 Pumping, piping and discharge requirements for oceangoing ships
155.1130 Requirements for prepositioned response equipment
of 100 gross tons and above but less than 400 gross tons
155.1135 Response plan development and evaluation criteria.
155.430 Standard discharge connections for oceangoing ships of 400 gross
155.1145 Submission and approval procedures
tons and above.
155.1150 Plan revision and amendment procedures
155.440 Segregation of fuel oil and water ballast on new oceangoing
ships

33 CFR PART 155 PAGE 1


214
M.E.T. PUBLICATION 515 — 5TH EDITION
Subpart F—Response plan requirements for vessels carrying animal effective as that required in the regulations.
fats and vegetable oils as a primary cargo [CGD 75-124a, 48 FR 45714, Oct. 8, 1983, as amended by CGD 90-071a, 59
155.1210 Purpose and applicability. FR 53290, Oct. 21, 1994]
155.1225 Response plan submission requirements.
155.1230 Response plan development and evaluation criteria. 155.130 Exemptions.
(a) The Commandant grants an exemption or partial exemption from
Subpart G—Response Plan Requirements for Vessels Carrying Other compliance with any requirement in this part if:
Non-Petroleum Oils as a Primary Cargo (1) A ship operator submits a written request for an exemption via the
155.2210 Purpose and applicability. COTP or OCMI thirty (30) days before operations under the exemption are
155.2225 Response plan submission requirements.
proposed unless the COTP or OCMI authorizes a shorter time; and
155.2230 Response plan development and evaluation criteria. (2) It is determined from the request that:
(i) Compliance with a specific requirement is economically or physically
APP. A Appendix A to Part 155 - Specifications for Shore Connection impractical;
APP. B Appendix B to Part 155 - Determining and Evaluating Required (ii) No alternative procedures, methods, or equipment standards exist that
Response Resources for Vessel Response Plans would provide an equivalent level of protection from pollution; and
APP. C Appendix C to Part 155 - Training Elements for Oil Spill (iii) The likelihood of discharges occurring as a result of the exemption
Response Plans
is minimal.
(b) If requested, the applicant must submit any appropriate information,
AUTHORITY: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715; sec. 2, E.O. including an environmental and economic assessment of the effects of and
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46. the reasons for the exemption and proposed procedures, methods, or
Note: Additional requirements for vessels carrying oil or hazardous
equipment standards.
materials are contained in 46 CFR parts 30 through 36,150,151, and 153.
(c) The exemption may specify the procedures, methods, or equipment
standards that will apply.
(d) An oceangoing ship is not given an exemption from the requirements
Subpart A—General of subpart B of this part unless the ship is a hydrofoil, air
SOURCE: CGD 75-124a, 48 FR 45714, Oct. 6, 1983, unless otherwise cushion vehicle or other new type of ship (near-surface craft, submarine
noted. craft, etc.) whose constructional features are such as to render the
application of any of the provisions of subpart B relating to construction
155.100 Applicability. and equipment unreasonable or unpractical. The construction and
(a) Subject to the exceptions provided for in paragraph (b) of this equipment of the ship must provide protection equivalent to that afforded
section, this part applies to each ship that: by subpart B of this part against pollution, having regard to the
(1) Is operated under the authority of the United States, wherever service for which the ship is intended.
located; or (e) An exemption is granted or denied in writing. The decision of the
(2) Is operated under the authority of a country other than the United Commandant is a final agency action.
States while in the navigable waters of the United States, or while at a port [CGD 75-124a, 48 FR 45714, Oct. 8, 1983, as amended by CGD 86-034, 55 FR
or terminal under the jurisdiction of the United States. 38,25-4; Sept. 4, 1990]
(b) This part does not apply to:
(1) A warship, naval auxiliary, or other ship owned or operated by a
155.140 Incorporation by reference.
country when engaged in non-commercial service; or
(a) Certain material is incorporated by reference into this part with the
(2) Any other ship specifically excluded by MARPOL 73/78.
approval of the Director of the Federal Register under 5 U.S.C. 552(a) and
1 CFR part 51. To enforce any edition other than that specified in paragraph
155.110 Definitions. (b) of this section, the Coast Guard must publish notice of change in
Except as specifically stated in a section, the definitions in part 151 of the Federal Register and the material must be available to the public. All
this chapter, except for the word "oil", and in part 154 of this chapter, approved material is available for inspection at the Office of the Federal
apply to this part. Register, 800 North Capitol Street, NW., suite 700, Washington, DC, and
[CGD 90-071a, 59 FR 53290, Oct. 21, 1994] at the U.S. Coast Guard Office of Compliance (G-MOC), 2100 Second
Street SW., Washington, 20593-0001, and is available from the sources
155.120 Equivalents. indicated in paragraph (b) of this section.
(a) For ships required to be surveyed under §151.17 of this chapter, the (b) The material approved for incorporation by reference in this part and
Commandant may, upon receipt of a written request, allow any fitting, the sections affected are as follows:
material, appliance or apparatus to be fitted in a ship as an alternative to American Society/or Testing and Materials (ASTM), 1916 Race Street,
that required by both MARPOL 73/78 and subpart B of this part if such Philadelphia, PA 19103.
fitting, material, appliance, or apparatus is at least as effective as that ASTM F 631-80 (Reapproved 1985), Appendix B.
required by subpart B. Substitution of operational methods to control the Standard Method for Testing Full
discharge of oil in place of those design and construction features Scale Advancing Spill Removal Devices
prescribed by MARPOL 73/78 that are also prescribed by subpart B of this ASTM F 715-81 (Reapproved 1986), Appendix B.
part is not allowed. Standard Methods of Testing Spill
(b) Any equivalent to a feature prescribed by MARPOL 73/78 that is Control Barrier Membrane Materials
authorized for a ship having an IOPP Certificate is noted on that Certificate. ASTM F 808-83 (1988), Standard Guide Appendix B.
(c) For tank vessels required to have overfill devices installed under parts for Collecting Skimmer Performance
155 and 156 of this chapter, the Commandant may, upon receipt of a written Data in Uncontrolled Environments
request, allow any fitting, material, appliance, or apparatus to be fitted ASTM F 989-86, Standard Test Methods Appendix B.
in a tank vessel as an alternative to the required overfill device(s) that are for Spill Control Barrier Tension Members
specified in these parts if the proposed alternative device is at least as
PAGE 2 33 CFR PART 155
215
M.E.T. PUBLICATION 515 — 5TH EDITION
International Maritime Organization (IMO) Publications Section, 4 Albert 155.210 Discharge removal equipment for vessels less than 400 feet in
Embankment, London SE1 75R, United Kingdom, Telex 23588. length.
Resolution A.535(13), Recommendations on………………………155.235 (a) By June 20,1994, oil tankers and offshore oil barges with an overall
Emergency Towing Requirements for Tankers, length of less than 400 feet must carry appropriate equipment and supplies
November 17, 1983 for the containment and removal of on-deck oil spills of at least 7 barrels.
(b) The equipment and supplies must include—
Oil Companies International Marine Forum (OCIMF) 6th Floor, Portland (1) Sorbents;
House, Stag Place, London SW1E 5BH England. (2) Non-sparking hand scoops, shovels, and buckets;
Ship to Ship Transfer Guide (Petroleum), (3) Containers suitable for holding recovered waste;
Second Edition, 1988 …………………………………………… 155.1035 (4) Emulsifiers for deck cleaning;
[CGD 91-034; 58 FR 7424, Feb. 5, 1993, as amended by CGD 910-068, 58 FR (5) Protective clothing;
(6) A minimum of one non-sparking portable pump with hoses; and
67995 Dec. 22, 1983; 61 FR 33860, June 28, 1996] (7) Scupper plugs.
(c) During cargo transfer operations, the equipment and supplies must
Subpart B—Vessel Equipment remain ready for immediate use.
SOURCE: CGD 75-124a, 48 FR 45715, Oct. 6, 1983, unless otherwise [CGD 90-058, 58 FR 67336, Dec. 22, 1993]
noted.
155.215 Discharge removal equipment for inland oil barges.
155.200 Definitions. (a) By June 20, 1994, during cargo transfer operations, inland oil
As used in this subpart: barges must have appropriate equipment and supplies ready for immediate
Inland oil barge means a tank barge carrying oil in bulk as cargo use to control and remove on-deck oil cargo spills of at least one barrel.
certificated by the Coast Guard under 46 CFR chapter I, subchapter D for (b) The equipment and supplies must include—
river or canal service or lakes, bays, and sounds service. (1) Sorbents;
On-deck spill means a discharge of oil on the deck of a vessel during (2) Non-sparking hand scoops, shovels, and buckets;
loading, unloading, transfer, or other shipboard operations. An on-deck spill (3) Containers suitable for holding recovered waste;
could result from a leaking fitting, an overfill, a bad connection, or similar (4) Emulsifiers for deck cleaning; and
operational mishap. The term on-deck spill is used to differentiate these (5) Protective clothing.
operational discharges from those caused by collision or grounding where (c) The oil barge owner or operator may rely on equipment available
the hull is punctured and a tank is ruptured, resulting in an uncontrolled at the transfer facility receiving from or discharging to the barge,
discharge of oil into the marine environment provided the barge owner or operator has prearranged for the use of
Offshore oil barge means a tank barge carrying oil in bulk as cargo, the equipment by contract or other means approved by the Coast Guard.
including dual-mode integrated tug-barges, certificated by the Coast Guard [CGD 90-068, 58 FR 67996, Dec. 22, 1993]
under 46 CFR chapter I, subchapter D, for navigation in waters outside the
Boundary Lines, as defined in 46 CFR part 7, in any ocean or the Gulf of 155.220 Discharge removal equipment for vessels carrying oil as
Mexico; any tank barge in Great Lakes service; or any foreign flag tank secondary cargo.
barge. (a) By June 20,1994, vessels carrying oil as secondary cargo must carry
Oil tanker means a self-propelled vessel carrying oil in bulk as cargo, appropriate equipment and supplies for the containment and removal of on
including integrated tug-barges designed for push-mode operation. deck oil cargo spills of at least one-half barrel.
Vessel carrying oil as secondary cargo means a vessel carrying oil (b) The equipment and supplies must include—
pursuant to a permit issued under 46 CFR 30.01-5, 46 CFR 70.05-30, or (1) Sorbents;
46 CFR 90.05-35 or pursuant to an International Oil Pollution Prevention (2) Non-sparking hand scoops, shovels, and buckets;
(IOPP) or Noxious Liquid Substance (NLS) certificate required by (3) Containers suitable for holding recovered waste;
§§151.33 or 151.35 of this chapter, or any uninspected vessel that carries (4) Emulsifiers for deck cleaning; and
(5) Protective clothing
oil in bulk as cargo.
(c) The equipment and supplies must be ready for immediate use during
[CGD 90-068, 58 FR 67996, Dec. 22, 1993]
cargo transfer operations.
[CGD 90-068, 58 FR 67896, Dec. 22, 1983]
155.205 Discharge removal equipment for vessels 400 feet or greater
in length.
155.225 Internal cargo transfer capability.
(a) By June 20,1994, oil tankers and offshore oil barges with an overall
By June 20,1994, oil tankers and offshore oil barges must carry suitable
length of 400 feet or more must carry appropriate equipment and supplies
hoses and reducers for internal transfer of cargo to tanks or other spaces
for the containment and removal of on-deck oil cargo spills of at least 12
within the cargo block, unless the vessel's installed cargo piping system is
barrels.
capable of performing this function.
(b) The equipment and supplies must include—
[CGD 90-068, 58 FR 67996, Dec. 22, 1993]
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste; 155.230 Emergency towing capability for oil barges.
(4) Emulsifiers for deck cleaning; (a) By June 20, 1994, offshore oil barges must carry an emergency tow
(5) Protective clothing; wire or tow line rigged and ready for use.
(6) A minimum of one non-sparking portable pump with hoses; and (b) The emergency tow wire or tow line must have the same towing
(7) Scupper plugs. characteristics as the primary tow wire or tow line.
(c) During cargo transfer operations, the equipment and supplies must [CGD 90-068, 58 FR 67996 Dec. 22, 1993]
remain ready for immediate use.
[CGD 90-068, 53 FR 67998, Dec. 22, 1993]

PAGE 3
33 CFR PART 155
216
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

PAGE 4 33 CFR PART 155


217
M.E.T. PUBLICATION 515 — 5TH EDITION
portable container and from within the coaming without discharging the oil between oil and bilge systems.
into the water. (c) No person may operate a ship unless it is equipped with a pipeline
[CGD 75-124a, 48 FR 45715, Oct. 8, 1983, as amended by CGD 86-034, 55 FR to discharge oily mixtures to a reception facility.
36254; Sept. 4, 1990; CGD 919-068, 58 FR 67997, Dec. 22, 1993] (d) This section does not apply to a barge that is not equipped with an
installed bilge pumping system for discharge into the sea.
(e) This section does not apply to a fixed or floating drilling rig or other
155.320 Fuel oil and bulk lubricating oil discharge containment platform.
(a) A ship of 300 gross tons or more constructed after June 30,1974
(f) This section does not apply to an existing ship until October 2,1986.
must have a fixed container or enclosed deck area under or around
each fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe,
155.370 Bilge slops/fuel oil tank ballast water discharges on oceangoing
that:
ships of 10,000 gross tons and above and oceangoing ships of
(1) For a ship of 300 or more but less than 1600 gross tons has a
400 gross tons and above that carry ballast water in their fuel oil
capacity of at least one-half barrel; and
tanks.
(2) For a ship of 1600 or more gross tons has a capacity of one barrel.
(b) A ship of 100 gross tons or more constructed before July 1, 1974, (a) No person may operate an oceangoing ship of 10,000 gross tons and
and a ship of 100 or more but less than 300 gross tons constructed after above or any oceangoing ship of 400 gross tons and above that carries
June 30, 1974 must: ballast water in its fuel oil tanks unless it has either:
(1) Meet paragraph (a)(1) of this section; or (1) Approved 100 ppm oily-water separating equipment for the
(2) Equip each fuel oil or bulk lubricating oil tank vent, overflow, and processing of oily bilge slops or oily fuel oil tank ballast and an approved
fill pipe during oil transfer operations with a portable container of at least bilge monitor, or
a 5 U.S. gallon capacity; or (2) Approved 15 ppm oily-water separating equipment for the processing
(3) If the ship has a fill fitting for which containment is impractical, use of oily bilge slops or oily fuel oil tank ballast and an approved
an automatic back pressure shut-off nozzle. bilge alarm.
(c) This section does not apply to a fixed or floating drilling rig or other (b) No person may operate a ship under this section unless it is fitted
platform. with a tank or tanks of adequate capacity to receive the oily residues
(sludges) that cannot be dealt with otherwise.
(1) In new ships such tanks shall be designed and constructed to
155.350 Bilge slops/fuel oil tank ballast water discharges on oceangoing
facilitate cleaning and the discharge of the oily residues to reception
ships of less than 400 gross tons.
facilities. Existing ships shall comply with this requirement as far as
(a) No person may operate an oceangoing ship of less than 400 gross
reasonable and practicable.
tons, unless it either:
(2) Tanks used for oily wastes on ships certificated under 46 CFR
(1) Has the capacity to retain on board all oily mixtures and is equipped
Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for isolation
to discharge these oily mixtures to a reception facility; or
between oil and bilge systems.
(2) Has approved oily-water separating equipment for the processing of
(c) No person may operate a ship under this section unless it is
oily bilge slops or oily fuel oil tank ballast and discharges into the sea in
equipped with a pipeline to discharge oily mixtures to a reception
accordance with §155.10.
facility.
(b) An oceangoing ship of less than 400 gross tons may retain all oily
(d) The master or other person having charge of a ship equipped in
mixtures on board in the ship's bilges. An oily residue (sludge) tank is not
accordance with paragraph (a)(1) of this section shall ensure that the bilge
required.
monitor continuous record is maintained on board for not less than three
(c) This section does not apply to a barge that is not equipped with an
years.
installed bilge pumping system for discharge into the sea.
(e) This section does not apply to a barge that is not equipped with an
(d) This section does not apply to a fixed or floating drilling rig or other
installed bilge pumping system for discharge into the sea.
platform.
(f) This section does not apply to a fixed or floating drilling rig or other
(e) This section does not apply to an existing ship until October 2,1986.
platform.
[CGD 75-124a, 48 FR 45715, Oct. 8, 1983, as amended by CGD 88-002, 54 FR
(g) This section does not apply to an existing ship until October 2,
18407, Apr. 28, 1989]
1986.
(Approved by the Office of Management and Budget under control
155.360 Bilge slops discharges on oceangoing ships of 400 gross tons number 2115-0025)
and above but less than 10,000 gross tons, excluding ships that carry
ballast water in their fuel oil tanks.
155.380 Oily-water separating equipment, bilge alarm, and bilge
(a) No person may operate an oceangoing ship of 400 gross tons and
monitor approval standards.
above but less than 10,000 gross tons, excluding a ship that carries ballast
(a) On U.S. inspected ships, oily-water separating equipment, bilge
water in its fuel oil tanks, unless it is fitted with approved 100 parts per
alarms, and bilge monitors must be approved under 46 CFR 162.050.
million (ppm) oily-water separating equipment for the processing of oily
(b) On U.S. uninspected ships and foreign ships, oily-water separating
bilge slops or oily fuel oil tank ballast.
equipment, bilge alarms, and bilge monitors must be approved under 46
(b) No person may operate a ship under this section unless it is fitted
CFR 162.050 or be listed in the current International Maritime Organization
with a tank or tanks of adequate capacity to receive the oily residues
(IMO) Marine Environment Protection Committee (MEPC) Circular
(sludges) that cannot be dealt with otherwise.
summary of MARPOL 73/78 approved equipment
(1) In new ships such tanks shall be designed and constructed to facilitate
(c) A ship that is required to have 100 parts per million (ppm) oily-water
cleaning and the discharge of the oily residues to reception facilities.
separating equipment may have 15 parts per million (ppm) oily-water
Existing ships shall comply with this requirement as far as reasonable and
separating equipment installed in its place.
practicable.
(d) A ship that is required to have a bilge alarm may have a bilge
(2) Tanks used for oily wastes on ships certificated under 46 CFR
monitor installed in its place.
Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for isolation

PAGE 5
33 CFR PART 155
218
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:

PAGE 6 33 CFR PART 155


219
M.E.T. PUBLICATION 515 — 5TH EDITION
keel of which is laid or which is at a similar stage of construction after July
1,1982, oil or hazardous material must not be carried in a forepeak tank Subpart C—Transfer Personnel, Procedures,
or a tank forward of the collision bulkhead. Equipment, and Records
(b) A self-propelled ship of 300 gross tons and above, to which paragraph
(a) of this section does not apply, may not carry bulk oil or hazardous 155.700 Designation of person in charge.
material in any space forward of a collision bulkhead except The operator or agent of each vessel with a capacity for 250 or more
(1) For a ship constructed after June 30, 1974, fuel oil for use on the barrels of fuel oil, cargo oil, or hazardous material shall designate,
ship may be carried in tanks forward of a collision bulkhead, if such tanks either by name or by position in the crew, the person in charge (PIC)
are at least 24 inches inboard of the hull structure; or or PICs of each transfer to or from the vessel and of each tankcleaning.
(2) For a ship constructed before July 1, 1974, fuel oil for use on the [CGD 79-116, 60 FR 17141, Apr. 4, 1995]
ship may be carried in tanks forward of a collision bulkhead, if such tanks
were designated, installed, or constructed for fuel oil carriage before July
155.710 Qualifications of person in charge.
1, 1974.
(a) On each tankship required to be documented under the laws of the
[CGD 75-124a, 48 FR 45715, Oct. 8, 1903, as amended by CGD 86-034; 55 FR
United States, the operator or agent of the vessel, or the person who
36254; Sept. 4, 1960] arranges and hires a person to be in charge either of a transfer of liquid
cargo
155.480 Overfill devices. in bulk or of cargo-tank cleaning, shall verify to his or her satisfaction that
(a) For the purposes of this section, "oil" has the same definition as each person designated as a PIC—
provided in §151.05 of this chapter. (1) Of a transfer of liquid cargo in bulk—
(b) Each tank vessel with a cargo capacity of 1,000 or more cubic meters (i) Has sufficient training and experience with the relevant characteristics
(approximately 6,290 barrels), loading oil or oil residue as cargo in waters of the vessel on which he or she is engaged, including the cargo for
subject to the jurisdiction of the U.S. and its Exclusive Economic Zone transfer, the cargo-containment system, the cargo system (including transfer
(EEZ), must have one overfill device that is permanently installed on each procedures, and shipboard-emergency equipment and procedures), the
cargo tank and meets the requirements of this section. Each newly control and monitoring systems, the procedures for reporting pollution
constructed tank vessel with a cargo capacity of 1,000 or more cubic meters incidents, and, if installed, the systems for crude-oil washing, inert gas, and
(approximately 6,290 barrels), which is intended to be loaded with oil or vapor control, to safely conduct a transfer,
oil residue as cargo, in order to receive a Certificate of Inspection (COT), (ii) Holds a license issued under 46 CFR part 10 authorizing service
must have an overfill device installed on each cargo tank that meets the aboard a vessel certified for voyages beyond the Boundary Line, as
requirements of this section. described by 46 CFR part 7, except on tankships not certified for voyages
(1) On a tankship, each cargo tank must be equipped with an overfill beyond the Boundary Line; and
device (including an independent audible alarm or visible indicator for that (iii) Holds a "Tankerman-PIC" endorsement issued under 46 CFR part
tank) that meets the requirements for tank overfill alarms under 46 CFR 13 that authorizes the holder to supervise the transfer of the particular cargo
39.20-7(b)(2) and (3), and (d)(1) through (d)(4). involved; and
(2) On a tank barge, each cargo tank must be equipped with an overfill (2) Of cargo-tank cleaning meets paragraph (a)(1) of this section,
device that— except—
(i) Meets the requirements of 46 CFR 39.20-7(b)(2) and (b)(3) and (d)(1) (i) A Coast Guard license is not required; and
through (d)(4), and 46 CFR 39.20-9(a)(1) through (a)(3); (ii) If the tankship is at a tank-cleaning facility or shipyard, he or she
(ii) Is an installed automatic shutdown system that meets the may hold a marine chemist's certificate issued by the National Fire
requirements of 46 CFR 39.20-9(b); or Protection Association, in lieu of a "Tankerman-PIC" endorsement.
(iii) Is an installed high level indicating device that meets the (b) On each tank barge required to be inspected under 46 U.S.C. 3703,
requirements of 46 CFR 39.20-3(b)(1), (b)(2), and (b)(3). the operator or agent of the vessel, or the person who arranges and hires
(c) Each cargo tank of a U.S. flag tank vessel must have installed on it a person to be in charge of a transfer of liquid cargo in bulk, shall verify
an overfill device meeting the requirements of this section at the next to his or her satisfaction that each PIC—
scheduled cargo tank internal examination performed on the vessel under (1) Of a transfer of liquid cargo in bulk—
46 CFR 31.10-21. (i) Has sufficient training and experience with the relevant characteristics
(d) Each cargo tank of a foreign flag tank vessel must have installed on of the vessel on which he or she is engaged, including the cargo for transfer,
it an overfill device— the cargo-containment system, the cargo system (including transfer
(1) At the first survey that includes dry docking, as required by the procedures, and shipboard-emergency equipment and procedures), the
vessel's flag administration, to meet the International Convention for the control and monitoring systems, the procedures for reporting pollution
Safety of Life at Sea (SOLAS), 1974, as amended, or the International incidents,
Load Line Convention of 1966; or and, if installed, the systems for crude-oil washing, inert gas, and vapor
(2) At the first cargo tank internal examination performed on the tank control, to safely conduct a transfer; and
vessel under 46 CFR 31.10-21. (ii) Holds a "Tankerman-PIC" or "Tankerman-PIC (Barge)" endorsement
(e) This section does not apply to a tank vessel that does not meet the issued under 46 CFR part 13 that authorizes the holder to supervise
double hull requirements of §157.10d of this chapter and, under 46 U.S.C. the transfer of the particular cargo involved; and
3703a(c), may not operate in the navigable waters or Exclusive Economic (2) Of cargo-tank cleaning meets paragraph (b)(1) of this section, except
Zone of the United States after January 1, 2000. that, if the tank barge is at a tank-cleaning facility or shipyard, he or she
(f) This section does not apply to tank vessels that carry asphalt as their may hold a marine chemist's certificate issued by the National Fire
only cargo. Protection Association, in lieu of a "Tankerman-PIC" or "Tankerman-PIC
[CGD 90-071a, 59 FR 53290, Oct. 21, 1994] (Barge)" endorsement

33 CFR PART 155 PAGE 7


220
M.E.T. PUBLICATION 515 — 5TH EDITION
(c) On each foreign tankship, the operator or agent of the vessel shall (2) On each uninspected vessel of 100 or more gross tons, has been
verify to his or her satisfaction that each PIC either of a transfer of liquid instructed by the operator or agent of the vessel both in his or her duties and
cargo in bulk or of cargo-tank cleaning— in the Federal statutes and regulations on water pollution that apply to the
(1) Has sufficient training and experience with the relevant vessel.
characteristics of the vessel on which he or she is engaged, including the (3) On each tank barge, for the vessel's own engine-driven pumps has
cargo for transfer, the cargo-containment system, the cargo system been instructed both in his or her duties and in the Federal statutes and
(including transfer procedures, and shipboard-emergency equipment and regulations on water pollution.
procedures), the control and monitoring systems, the procedures for (4) On each foreign vessel, holds a license or certificate issued by a flag
reporting pollution incidents, and, if installed, the systems for crude-oil state party to STCW, or other form of evidence acceptable to the Coast
washing, inert gas, and vapor control, to safely conduct either a transfer of Guard, attesting the qualifications of the PIC to act as master, mate, pilot,
liquid cargo in bulk or cargotank cleaning; operator, engineer, or tankerman aboard that vessel.
(2) Holds a license or other document issued by the flag state or its (f) The operator or agent of each vessel carrying oil or hazardous
authorized agent authorizing service as master, mate, pilot, engineer, or material in bulk other than a tank vessel shall verify to his or her
operator on that vessel; satisfaction that the PIC either of the transfer of oil or hazardous material in
(3) Holds a Dangerous-Cargo Endorsement or Certificate issued by a bulk to or from a vessel or of cargo-tank cleaning—
flag state party to STCW, or other form of evidence acceptable to the Coast (1) For cargo of grade D or E, holds a valid license or certificate
Guard, attesting the PIC's meeting the requirements of Chapter V of STCW authorizing service as a master, mate, pilot, engineer, or operator aboard
as a PIC either of the transfer of oil, chemical, or liquefied gas or of that vessel; and
cargotank cleaning, as appropriate to the cargo; (2) For either cargo of grade C or above, regulated under 46 CFR part
(4) Is capable of reading, speaking, and understanding in English, or a 153, or liquefied gas, holds a valid license or certificate authorizing service
language mutually-agreed-upon with the shoreside PIC of the transfer, all as a master, mate, pilot, engineer, or operator aboard that vessel and a
instructions needed to commence, conduct, and complete a transfer of "Tankerman-PIC" endorsement, or other documents acceptable to the
cargo, except that the use of an interpreter meets this requirement if the Coast Guard attesting the holder's qualifications to act as the PIC for the
interpreter— cargo carried.
(i) Fluently speaks the language spoken by each PIC; (g) The PIC of cargo-tank cleaning on a vessel at a tank-cleaning facility
(ii) Is immediately available to the PIC on the tankship at all times or shipyard need not hold any of the documents required in paragraphs (a)
during the transfer; and through (f) of this section, if he or she holds a marine chemist's certificate
(iii) Is knowledgeable about, and conversant with terminology of, ships issued by the National Fire Protection Association.
and transfers; and [CGD 79-116, 60 FR 17141, Apr. 4, 1995]
(5) Is capable of effectively communicating with all crew-members
involved in the transfer, with or without an interpreter. 155.720 Transfer procedures.
(d) On each foreign tank barge, the operator or agent of the vessel shall The operator of a vessel with a capacity of 250 or more barrels of oil or
verify to his or her satisfaction that each PIC either of the transfer of liquid hazardous material shall provide transfer procedures that meet the
cargo in bulk or of cargo-tank cleaning— requirements of this part and part 156 of this chapter for transferring—
(1) Has sufficient training and experience with the relevant (a) To or from the vessel; and
characteristics of the vessel on which engaged, including the cargo for (b) From tank to tank within the vessel.
transfer, the cargocontainment system, the cargo system (including transfer [CGD 86-034, 55 FR 36254; Sept. 4, 1990]
procedures, and shipboard-emergency equipment and procedures), the
control and monitoring systems, the procedures for reporting pollution
155.730 Compliance with transfer procedures.
incidents, and, if installed, the systems for crude-oil washing, inert gas, and The vessel operator of each vessel required by §155.720 to have transfer
vapor control, to safely conduct a transfer; procedures shall maintain them current and shall require vessel personnel
(2) Holds a Dangerous-Cargo Endorsement or Certificate issued by a to use the transfer procedures for each transfer operation.
flag state party to STCW, or other form of evidence acceptable to the Coast [CGD 75-124 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
Guard, attesting the PIC's meeting the requirements of Chapter V of STCW 36254, Sept 4, 1990]
as a PIC either of the transfer of oil, chemical, or liquefied gas or of
cargotank cleaning, as appropriate to the cargo;
(3) Is capable of reading, speaking, and understanding, in English or a 155.740 Availability of transfer procedures.
The transfer procedures required by §155.720 must be:
mutually-agreed-upon language with the PIC of the transfer, all instructions
(a) Available for inspection by the COTP or OCMI whenever the vessel
needed to commence, conduct, and complete a transfer of cargo, except
is in operation;
that the use of an interpreter meets this requirement if the interpreter—
(b) Legibly printed in a language or languages understood by personnel
(i) Fluently speaks the language spoken by each PIC;
engaged in transfer operations; and
(ii) Is immediately available to the PIC on the tank barge at all times
(c) Permanently posted or available at a place where the procedures can
during the cargo transfer; and
be easily seen and used by members of the crew when engaged in transfer
(iii) Is knowledgeable about, and conversant with terminology of, ships
operations.
and transfers; and
[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034,: 55 FR
(4) Is capable of effectively communicating with all crew-members
involved in the transfer, with or without an interpreter. 36254, Sept 4, 1990]
(e) The operator or agent of each vessel to which this section applies
shall verify to his or her satisfaction that the PIC of the transfer of fuel 155.750 Contents of transfer procedures.
oil— (a) The transfer procedures required by § 155.720 must contain, either in
(1) On each vessel required by 46 CFR chapter I to have a licensed the order listed or by use of a cross-reference index page:
person aboard, holds a valid license issued under 46 CFR part 10 (1) A list of each product transferred to or from the vessel, including the
authorizing service as a master, mate, pilot, engineer, or operator aboard following information:
that vessel. (i) Generic or chemical name;

33 CFR PART 155


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M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) Cargo information as described in §154.310(a)(5)(ii) of this (ii) Shut down transfer operations in time to ensure that the cargo level
chapter; and in each tank does not exceed the maximum amount permitted by
(iii) Applicability of transfer procedures; §155.775(b).
(2) A description of each transfer system on the vessel including: (2) Pre-transfer overfill device equipment inspection and test requirements.
(i) A line diagram of the vessel's transfer piping, including the location (Approved by the Office of Management and Budget under control
of each valve, pump, control device, vent, and overflow; number 2115-0120).
(ii) The location of the shutoff valve or other isolation device that [CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 88-102, 55 FR
separates any bilge or ballast system from the transfer system; and 25445, June 21, 1990; CGD 86-034, 55 FR 38,254, Sept. 4, 1990; CGD 92-027, 58
(iii) A description of and procedures for emptying the discharge
FR 39662, July 28, 1993; CGD 90-071a, 59 FR 53291, Oct. 21, 1994]
containment system required by §§155.310 and 155.320;
(3) The number of persons required to be on duty during transfer
operations; 155.760 Amendment of transfer procedures.
(4) The duties by title of each officer, person in charge, tankerman, (a) The COTP or OCMI may require the vessel operator of any vessel
deckhand, and any other person required for each transfer operation; that is required to have transfer procedures under § 155.720 to amend those
(5) Procedures and duty assignments for tending the vessel's moorings procedures if the COTP or OCMI finds that the transfer procedures do not
during the transfer of oil or hazardous material; meet the requirements of this part.
(6) Procedures for operating the emergency shutdown and (b) The COTP or OCMI shall notify the vessel operator in writing
communications means required by §§155.780 and 155.785, respectively; of any inadequacies in the oil transfer procedures. The vessel operator
(7) Procedures for topping off tanks; may submit written information, views, and arguments on and proposals for
(8) Procedures for ensuring that all valves used during the transfer amending the procedures within 14 days from the date of the
operations are closed upon completion of transfer; COTP or OCMI notice. After considering all relevant material presented,
(9) Procedures for reporting discharges of oil or hazardous material into the COTP or OCMI shall notify the vessel operator of any
the water; and amendment required or adopted, or the COTP or OCMI may rescind
(10) Procedures for closing and opening the vessel openings in §155.815. the notice. The amendment becomes effective 30 days after the vessel
(11) Statements explaining that each hazardous materials transfer hose operator receives the notice, unless the vessel operator petitions the
is marked with either the name of each product which may be transferred Commandant to review the COTP or OCMI notice, in which case its
through the hose or with letters, numbers or other symbols representing all effective date is delayed pending a decision by the Commandant. Petitions
such products and the location in the transfer procedures where a chart or to the Commandant must be submitted in writing via the COTP
list of the symbols used and a list of the compatible products which may or OCMI who issued the requirement to amend.
be transferred through the hose can be found for consultation before each (c) If the COTP or OCMI finds that there is a condition requiring
transfer. immediate action to prevent the discharge or risk of discharge that makes
(b) Exemptions or alternatives granted must be placed in the front of the the procedure in paragraph (b) of this section unpractical or contrary to the
transfer procedures. public interest, he or she may issue an amendment effective on the date the
(c) The vessel operator shall incorporate each amendment to the transfer vessel operator receives notice of it In such a case, the COTP or OCMI
procedures under §155.760 in the procedures with the related existing includes a brief statement of the reasons for the findings in the notice, and
requirement, or at the end of the procedures if not related to an existing the vessel operator may petition the Commandant, in any manner, to review
requirement. the amendment. The petition does not postpone the amendment.
(d) If a vessel is fitted with a vapor control system, the transfer [CGD 75-124, 45 FR 7175, Jan. 31, 1960, as amended by CGD 86-034, 55 FR
procedures must contain a description of the vapor collection system on the 36255 Sept. 4, 1990]
vessel which includes:
(1) A line diagram of the vessel's vapor collection system piping,
155.770 Draining into bilges.
including the location of each valve, control device, pressure-vacuum relief
No person may intentionally drain oil or hazardous material from any
valve, pressure indicator, flame arresters, and detonation arresters, if fitted;
source into the bilge of a vessel.
(2) The location of spill valves and rupture disks, if fitted;
[CGD 86-034, 55 FR 36255, Sept 4, 1990]
(3) The maximum allowable transfer rate determined in accordance with
46 CFR 39.30-1(d) (1) through (d)(3);
(4) The initial transfer rate for each tank that complies with 46 CFR 155.775 Maximum cargo level of oil.
39.30-1(h); (a) For the purposes of this section, "oil" has the same meaning as
(5) A table or graph of transfer rates and corresponding vapor collection provided in §151.05 of this chapter.
system pressure drops calculated in accordance with 46 CFR 39.30-1 (b); (b) A cargo tank on a tank vessel may not be filled with oil higher
(6) The relief settings of each spill valve, rupture disk, and pressure- than—
vacuum relief valve; and (1) 98.5 percent of the cargo tank volume; or
(7) A description of and procedures for operating the vapor collection (2) The level at which the overfill alarm required by §155.480 is set
system, including the: [CGD 90-071a, 59 FR 53291, Oct. 21, 1994]
(i) Pre-transfer equipment inspection requirements;
(ii) Vapor line connection; 155.780 Emergency shutdown.
(iii) Closed gauging system; (a) A tank vessel with a capacity of 250 or more barrels that is carrying
(iv) High level alarm system, if fitted; and oil or hazardous material as cargo must have on board an emergency means
(v) Independent automatic shutdown system, if fitted. to enable the person in charge of a transfer operation to a facility, to
(e) If a cargo tank of a tank vessel is fitted with an overfill device, the another vessel, or within the vessel to stop the flow of oil or hazardous
transfer procedures must contain a description of the overfill device, material.
including: (b) The means to stop the flow may be a pump control, a quick-acting,
(1) The tank overfill device system and specific procedures for the power actuated valve, or an operating procedure. If an emergency pump
person in charge to— control is used, it must stop the flow of oil or hazardous material if the oil
(i) Monitor the level of cargo in the tank; and or hazardous material could siphon through the stopped pump.

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33 CFR PART 155
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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]

155.785 Communications. 155.815 Tank vessel integrity.


(a) During vessel to vessel transfers, each tank vessel with a capacity of (a) Except as provided in paragraph (b) of this section, a tank vessel
250 or more barrels of cargo that is carrying oil or hazardous material must underway or at anchor must have all closure mechanisms on the following
have a means that enables continuous two-way voice communication openings properly closed:
between the persons in charge of the transfer operations on both vessels. (1) Expansion trunk hatches;
(b) Each vessel must have a means, which may be the communication (2) Ullage openings;
system itself, that enables a person on board each vessel to effectively (3) Sounding ports;
indicate his desire to use the means of communication required by para- (4) Tank cleaning openings; and
graph (a) of this section. (5) Any other tank vessel openings that maintain the seaworthy condition
(c) The means required by paragraph (a) of this section must be usable of the tank vessel and prevent the inadvertent release of oil or hazardous
and effective in all phases of the transfer operation and all conditions of material in the event of a tank vessel accident.
weather. (b) No person may open any of the closure mechanisms in paragraph (a)
(d) Portable radio devices used to comply with paragraph (a) of this of this section while the tank vessel is underway or at anchor except when
section during the transfer of flammable or combustible liquids must be authorized and supervised by a licensed officer or the tankerman required
intrinsically safe, as defined in 46 CFR 110.15-100(1), and meet Class I, by 46 CFR 31.15-5(a).
Division I, Group D requirements as defined in 46 CFR 111.80. [CGD 75-124, 45 FR 7175, Jan. 31. 1960, as amended by CGD 86-034; 55 FR
[CGD 75-124, 45 FR 7175, Jan. 31, 1980; 45 FR 43705, June 30, 1980, as 36255 Sept. 4, 1990]
amended by CGD 816-034, 55 FR 36255 Sept. 4; 1990]
155.820 Records.
155.790 Deck fighting. The vessel operator shall keep a written record available for inspection
(a) A self-propelled vessel with a capacity of 250 or more barrels of oil by the COTP or OCMI of:
or hazardous material that is conducting transfer operations between sunset (a) The name of each person currently designated as a person in charge
and sunrise must have deck lighting that adequately illuminates— of transfer operations.
(1) Each transfer operations work area and each transfer connection (b) The date and result of the most recent test and inspection of each
point in use on the vessel; and item tested or inspected as required by §156.170 of this chapter,
(2) Each transfer operations work area and each transfer connection (c) The hose information required by §154.500(e) and (g) of this chapter
point in use on each barge, if any, moored to the vessel to or from which oil unless that information is marked on the hose; and
or hazardous material is being transferred; (d) The Declaration of Inspection as required by §156.150(f) of this
(b) Where the illumination is apparently inadequate the OCMI or COTP chapter.
may require verification by instrument of the levels of illumination. On a [CGD 75-124; 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034; 55 FR
horizontal plane 3 feet above the deck the illumination must measure at 36255, Sept. 4, 1990]
least:
(1) 5.0 foot candles at transfer connection points; and Subpart D—Response Plans
(2) 1.0 foot candle in transfer operations work areas. SOURCE: 61 FR 1052, January 12, 1996, unless otherwise noted.
(c) Lighting must be located or shielded so as not to mislead or
otherwise interfere with navigation on the adjacent waterways.
155.1010 Purpose.
[CGD 75-124, 45 FR 7175, Jan. 31, 1960, as amended by CGD 86-034, 55 FR
The purpose of this subpart is to establish requirements for oil spill
36255; Sept. 4. 1990]
response plans for certain vessels. The planning criteria in this subpart are
intended for use in response plan development and the identification of
155.800 Transfer hose. resources necessary to respond to the oil spill scenarios prescribed during
Hose used to transfer oil or hazardous material must meet the the planning process. The development of a response plan prepares the
requirements of §154.500 of this chapter. vessel owner or operator and the vessel's crew to respond to an oil spill. The
[CGD 75-124; 45 FR 7175, Jan. 31, 1980, as amended by CGD 85-034; 55 FR specific criteria for response resources and their arrival times are not
36255, Sept. 4, 1990] performance standards. They are planning criteria based on a set of
assumptions that may not exist during an actual oil spill incident
155.805 Closure devices.
(a) Each end of each transfer hose on board which is not connected for 155.1015 Applicability.
the transfer of oil or hazardous material must be blanked off with butterfly (a) Except as provided in paragraph (c) of this section, this subpart
valves, wafer-type resilient seated valves, blank flanges, or other means applies to each vessel that is constructed or adapted to carry , or that
acceptable to the COTP or OCMI. carries, oil in bulk as cargo or cargo residue, and that—
(b) New, unused hose is exempt from the requirement in paragraph (a) (1) Is a vessel of the United States;
of this section. (2) Operates on the navigable waters of the United States; or
[CGD 75-124; 45 FR 7175, Jan. 31, 1980, as amended by CGD 85-034; 55 FR (3) Transfers oil in a port or place subject to the jurisdiction of the
36255, Sept. 4; 1990] United States.
(b) This subpart also applies to vessels which engage in oil lightering
operations in the marine environment beyond the baseline from which the
155.810 Tank vessel security. territorial sea is measured, when the cargo lightered is destined for a port
The vessel operator of each tank vessel that contains more oil than the or place subject to the jurisdiction of the United States.
normal clingage and unpumpable bilge or sump residues in any cargo tank

33 CFR PART 155


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M.E.T. PUBLICATION 515 — 5TH EDITION
(c) This subpart does not apply to the following types of vessels: (3) Active membership in a local or regional oil spill removal
(1) Public vessels and vessels deemed public vessels under 14 U.S.C. organization that has identified specified personnel and equipment required
827. under this subpart that are available to respond to a discharge within
(2) Vessels that, although constructed or adapted to carry oil in bulk as stipulated response times in the specified geographic areas;
cargo or cargo residue, are not storing or carrying oil in bulk as cargo or (4) A document which—
cargo residue. (i) Identifies the personnel, equipment, and services capable of being
(3) Dedicated response vessels when conducting response operations. provided by the oil spill removal organization within stipulated response
(4) Vessels of opportunity when conducting response operations in a times in the specified geographic areas;
response area. (ii) Sets out the parties' acknowledgment that the oil spill removal
(5) Offshore supply vessels as defined in 46 U.S.C. 2101. organization intends to commit the resources in the event of a response;
(6) Fishing or fishing tender vessels as defined in 46 U.S.C. 2101 of not (iii) Permits the Coast Guard to verify the availability of the identified
more than 750 gross tons when engaged only in the fishing industry. response resources through tests, inspections, and exercises; and
(7) Foreign flag vessels engaged in innocent passage. (iv) Is referenced in the response plan; or
(d) Vessels covered by this subpart that are not operating within the (5) With the written consent of the oil spill removal organization, the
navigable waters or the exclusive economic zone of the United States must identification of an oil spill removal organization with specified equipment
meet all requirements of this subpart except for— and personnel which are available within stipulated response times in the
(1) Identifying and ensuring, through contract or other approved means, specified geographic areas. This paragraph is an other approved means for
the availability of response resources including the shore-based spill only—
management team; (i) A vessel carrying oil as secondary cargo to meet the requirements
(2) Providing the geographic-specific appendices required in §155.1035, under §155.1045(i)(3);
155.1040, or 155.1045, as appropriate; and (ii) A barge operating on rivers and canals to meet the requirements for
(3) Identifying and designating a qualified individual and alternate lightering capability under §§155.1050(1), 155.1052(g), 155.1230(g), and
qualified individual required in §155.1026. 155.2230(g);
(iii) A vessel to meet the salvage and firefighting requirements in
155.1020 Definitions. §§155.1050(k), 155.1052(f), 155.1230(f), and 155.2230(f); and
Except as otherwise defined in this section, the definitions in §155.110 (iv) A vessel to meet the resource requirements in §155.1052(c),
apply to this subpart and subparts F and G of this part For the purposes of 155.1230(c), and 155.2230(c).
this subpart only, the term: Dedicated response vessel means a vessel of which the service is limited
Adverse -weather means the weather conditions that will be considered exclusively to oil and hazardous substance spill response-related activities,
when identifying response systems and equipment in a response plan for including spill recovery and transport, tanker escorting, deployment of spill
the applicable operating environment Factors to consider include, but are response equipment, supplies, and personnel, and spill response-related
not limited to, significant wave height, ice, temperature, weather-related training, testing, exercises, and research.
visibility, and currents within the Captain of the Port (COTP) zone in Exclusive economic zone means the zone contiguous to the territorial sea
which the systems or equipment are intended to function. of United States extending to a distance up to 200 nautical miles from the
Animal fat means a non-petroleum oil, fat, or grease derived from baseline from which the breadth of the territorial sea is measured.
animals and not specifically identified elsewhere in this part Great Lakes means Lakes Superior, Michigan, Huron, Erie, and Ontario,
Average most probable discharge means a discharge of the lesser of 50 their connecting and tributary waters, the Saint Lawrence River as far as
barrels of oil or 1 percent of the cargo from the vessel during cargo oil Saint Regis, and adjacent port areas.
transfer operations to or from the vessel. Higher volume port area means the following areas, including any water
Bulk means any volume of oil carried in an integral tank of the vessel area within 50 nautical miles seaward of the entrance(s) to the specified
and oil transferred to or from a marine portable tank or independent tank port:
while on board a vessel. (1) Boston, MA.
Captain of the Port (COTP) Zone means a zone specified in 33 CFR part (2) New York, NY.
3 and, for coastal ports, the seaward extension of that zone to the outer (3) Delaware Bay and River to Philadelphia, PA.
(4) St. Croix, VI.
boundary of the exclusive economic zone (EEZ).
(5) Pascagoula, MS.
Cargo means oil that is transported to and off-loaded at a destination by
(6) Mississippi River from Southwest Pass, LA to Baton Rouge, LA.
a vessel. It does not include—
Note: Vessels destined for, departing from, or offloading at the Louisiana
(1) Oil carried in integral tanks, marine portable tanks, or independent
Offshore Oil Port are not considered to be operating in this higher volume
tanks for use by machinery, helicopters, and boats carried aboard the
port area.
vessel, or for use by helicopters that are directly supporting the vessel's (7) Lake diaries, LA.
primary operations; or (8) Sabine-Neches River, TX.
(2) Oil transferred from a towing vessel to a vessel in its tow to operate (9) Galveston Bay and Houston Ship Channel, TX.
installed machinery other than the propulsion plant (10) Corpus Christi, TX.
Contract or other approved means includes— (11) Los Angeles/Long Beach Harbor, CA.
(1) A written contractual agreement between a vessel owner or operator (12) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun
and an oil spill removal organization. The agreement must identify and Bay to Antioch, CA.
ensure the availability of specified personnel and equipment required under (13) Strait of Juan De Fuca at Port Angeles, WA to and including Puget
this subpart within stipulated response times in the specified geographic Sound, WA.
areas; (14) Prince William Sound, AK.
(2) Certification by the vessel owner or operator that specified personnel Inland area means the area shoreward of the boundary lines defined in 46
and equipment required under this subpart are owned, operated, or under CFR part 7, except that in the Gulf of Mexico, it means the area shoreward
the direct control of the vessel owner or operator, and are available within of the lines of demarcation (COLREG lines) as defined in §§80.740 through
stipulated response times in the specified geographic areas; 80.850 of this chapter. The inland area does not include the Great Lakes.

PAGE 11
33 CFR PART 155
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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.

PAGE 12 33 CFR PART 155


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M.E.T. PUBLICATION 515 — 5TH EDITION
155.1025 Operating restrictions and interim operating authorization. 155.1026 Qualified individual and alternate qualified individual
(a) Vessels subject to this subpart may not perform the following (a) The response plan must identify a qualified individual and at least
functions, unless operating in compliance with a plan approved under one alternate who meet the requirements of this section. The qualified
§155.1065: individual or alternate qualified individual must be available on a 24-hour
(1) Handling, storing, or transporting oil on the navigable waters of the basis.
United States; or (b) The qualified individual and alternate must—
(2) Transferring oil in any other port or place subject to U.S. jurisdiction. (1) Speak fluent English;
(b) Vessels subject to this subpart may not transfer oil in a port or place (2) Except as set out in paragraph (c) of this section, be located in the
subject to the jurisdiction of the United States, where the oil to be United States;
transferred was received from another vessel subject to this subpart during a (3) Be familiar with the implementation of the vessel response plan; and
lightering operation referred to in §155.1015(b), unless both vessels (4) Be trained in the responsibilities of the qualified individual under the
engaged in the lightering operation were operating at the time in compliance response plan.
with a plan approved under §155.1065. (c) For Canadian flag vessels while operating on the Great Lakes or the
(c)(1) Notwithstanding the requirements of paragraph (a) of this Strait of Juan de Fuca and Puget Sound, WA, the qualified individual may
section, a vessel may continue to handle, store, transport, transfer, or be located in Canada if he or she meets all other requirements in paragraph
lighter oil for 2 years after the date of submission of a response plan (b) of this section.
pending approval of that plan, if the vessel owner or operator has (d) The owner operator shall provide each qualified individual and
received written authorization for continued operations from the Coast alternate qualified individual identified in the plan with a document
Guard. designating
(2) To receive this authorization, the vessel owner or operator must them as a qualified individual and specifying their full authority to—
certify in writing to the Coast Guard that the owner or operator has (1) Activate and engage in contracting with oil spill removal
identified and ensured the availability of, through contract or other organizations) and other response related resources identified in the plan;
approved means, the necessary private response resources to respond, to the (2) Act as a liaison with the predesignated Federal On-Scene Coordinator
maximum extent practicable, to a worst case discharge or substantial threat (OCS); and
of such a discharge from their vessel as described in §155.1050, 155.1052, (3) Obligate funds required to carry out response activities.
155.1230, or 155.2230, as appropriate. (e) The owner or operator of a vessel may designate an organization to
(d) With respect to paragraph (b) of this section, a vessel may not fulfill the role of the qualified individual and alternate qualified individual.
continue to handle, store, transport, transfer, or lighter oil if— The organization must then identify a qualified individual and at least one
(1) The Coast Guard determines that the response resources identified in alternate qualified individual who meet the requirements of this section.
the vessel's certification statement do not meet the requirements of this The vessel owner or operator is required to list in the response plan the
subpart; organization, the person identified as the qualified individual, and the
(2) The contracts or agreements cited in the vessel's certification person or persons identified as the alternate qualified individual(s).
statement are no longer valid; (f) The qualified individual is not responsible for—
(3) The vessel is not operating in compliance with the submitted (1) The adequacy of response plans prepared by the owner or operator;
plan; or or
(4) The period of this authorization expires. (2) Contracting or obligating funds for response resources beyond the
(e) An owner or operator of a vessel may be authorized by the applicable full authority contained in their designation from the owner or operator of
COTP to have that vessel make one voyage to transport or handle oil in a the vessel.
geographic specific area not covered by the vessel's response plan. All (g) The liability of a qualified individual is considered to be in
requirements of this subpart must be met for any subsequent voyages to that accordance with the provisions of 33 U.S.C. 1321(c)(4).
geographic specific area. To be authorized, the vessel owner or operator
shall certify to the COTP in writing, prior to the vessel's entry into the 155.1030 General response plan requirements.
COTP zone, that— (a) The plan must cover all geographic areas of the United States in
(1) A response plan meeting the requirements of this subpart (except for which the vessel intends to handle, store, or transport oil, including port
the applicable geographic specific appendix) or a shipboard oil pollution areas and offshore transit areas.
emergency plan approved by the flag state that meets the requirements of (b) The plan must be written in English and, if applicable, in a language
Regulation 26 of Annex I to the International Convention for the Prevention that is understood by the crew members with responsibilities under the
of Pollution from Ships, 1973 as modified by the Protocol of 1978 plan.
relating thereto, as amended (MARPOL 73/78) which is available from the (c) A vessel response plan must be divided into the following sections:
National Technical Information Service, 5285 Port Royal Road, Springfield, (1) General information and introduction.
VA 22161; (2) Notification procedures.
(2) The approved response plan or the required plan section(s) is aboard (3) Shipboard spill mitigation procedures.
the vessel; (4) Shore-based response activities.
(5) List of contacts.
(3) The vessel owner or operator has identified and informed the vessel
(6) Training procedures.
master and the COTP of the designated qualified individual prior to the
(7) Exercise procedures.
vessel's entry into the COTP zone; and (8) Plan review and update procedures.
(4) The vessel owner or operator has identified and ensured the (9) On board notification checklist and emergency procedures
availability of, through contract or other approved means, the private unmanned tank barges only).
response resources necessary to respond, to the maximum extent practicable (10) Geographic-specific appendix for each COTP zone in which the
under the criteria in §155.1050, 155.1052, 155.1230, or 155.2230, as vessel or vessels operate.
appropriate, to a worst case discharge or substantial threat of discharge (11) An appendix for vessel-specific information for the vessel or vessels
from the vessel in the applicable COTP zone. covered by the plan.

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M.E.T. PUBLICATION 515 — 5TH EDITION
(d) A vessel owner or operator with multiple vessels may submit one (4) Expands the plan to include the procedures and point of contact on
plan for each class of vessel (i.e., manned vessels carrying oil as the ship for coordinating shipboard activities with national and local
primary cargo, unmanned vessels carrying oil as primary cargo, and authorities in combating an oil spill incident The plan should address the
vessels carrying oil as secondary cargo) with a separate vessel-specific need to contact the coastal State to advise them of action(s) being
appendix for each vessel covered by the plan and a separate geographic- implemented and determine what authorizations), if any, are needed.
specific appendix for each COTP zone in which the vessel(s) will (5) Provides a cross reference section to identify the location of the
operate. information required by §155.1030(j).
(e) The required contents for each section of the plan are contained in (k) A vessel carrying oil as a secondary cargo may comply with the
§§155.1035, 155.1040, and 155.1045, as applicable to the type or service requirements of §155.1045 by having a response plan approved under
of the vessel. Regulation 26 of MARPOL 73/78 with the addition of the following—
(f) The response plan for a barge carrying nonhazardous oil field waste (1) Identification of the qualified individual and alternate that meets the
may follow the same format as that for a vessel carrying oil as a secondary requirements of §155.1026;
cargo under §155.1045 in lieu of the plan required under §155.1035 or (2) A geographic specific appendix meeting the requirements of
§155.1040. §155.1045(i), including the identification of a contracted oil spill removal
(g) A response plan must be divided into the sections described in organization;
paragraph (c) of this section unless the plan is supplemented with a cross- (3) Identification of a spill management team;
reference table to identify the location of the information required by this (4) An appendix containing the training procedures required by
subpart. 155.1045(1); and
(h) The information contained in a response plan must be consistent (5) An appendix containing the exercise procedures required by
with the— 155.1045(g).
(1) National Oil and Hazardous Substances Pollution Contingency Plan (1) For plans submitted prior to the effective date of this final rule, the
(NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP) in owner or operator of each vessel may elect to comply with any or all of the
effect on the date 6 months prior to the submission date of the response provisions of this final rule by amending or revising the appropriate section
plan; or of the previously submitted plan.
(2) More recent NCP and ACP(s).
(i) Copies of the submitted and approved response plan must be available 155.1035 Response plan requirements for manned vessels carrying oil
as follows: as a primary cargo.
(1) The owner or operator of all vessels, except for unmanned tank (a) General information and introduction. This section of the response
barges, shall ensure that one English language copy of the plan sections plan must include—
listed in paragraph (c) (1), (2), (3), (5), (10) and (11) of this section and (1) The vessel's name, country of registry, call sign, official number, and
the Coast Guard approval letter or notarized copy of the approval letter are International Maritime Organization (IMO) international number (if
maintained aboard the vessel. If applicable, additional copies of the applicable). If the plan covers multiple vessels, this information must be
required plan sections must be in the language understood by crew provided for each vessel;
members with responsibilities under the plan and maintained aboard the (2) The name, address, and procedures for contacting the vessel's owner
vessel. or operator on a 24-hour basis;
(2) The owner or operator of all unmanned tank barges shall ensure that (3) A list of the COTP zones in which the vessel intends to handle, store,
one English language copy of the plan section listed in paragraph (c)(9) of or transport oil;
this section and the Coast Guard approval letter or notarized copy of the (4) A table of contents or index of sufficient detail to permit personnel
approval letter are maintained aboard the barge. with responsibilities under the response plan to locate the specific sections
(3) The vessel owner or operator shall maintain a current copy of the of the plan; and
entire plan, and ensure that each person identified as a qualified individual (5) A record of change(s) page to record information on plan reviews,
and alternate qualified individual in the plan has a current copy of the updates or revisions.
entire plan. (b) Notification procedures. This section of the response plan must
(j) If an owner or operator of a United States flag vessel informs the include the following notification information:
Coast Guard in writing at the time of the plan submission according to the (I) A checklist with all notifications, including telephone or other contact
procedures of § 15 5.1065, the owner or operator may address the numbers, in order of priority to be made by shipboard or shore-based
provisions of Regulation 26 of MARPOL 73/78 if the owner or operator— personnel and the information required for those notifications. Notifications
(1) Develops a vessel response plan under §155.1030 and §§155.1035, must include those required by—
155.1040, or 155.1045, as applicable; (i) MARPOL 73/78 and 33 CFR part 153; and
(2) Expands the plan to cover discharges of all oils defined under (ii) Any applicable State.
MARPOL, including fuel oil (bunker) carried on board. The owner or (2) Identification of the person(s) to be notified of a discharge or
operator is not required to include these additional oils in calculating the substantial threat of a discharge of oil. If the notifications vary due to
planning volumes that are used to determine the quantify of response vessel location, the persons to be notified also must be identified in a
resources that the owner or operator must ensure through contract or other geographic-specific appendix. This section must separately identify—
approved means, (i) The individual(s) or organizations) to be notified by shipboard
(3) Provides the information on authorities or persons to be contacted in personnel; and
the event of an oil pollution incident as required by Regulation 26 of (ii) The individual(s) or organizations) to be notified by shore-based
MARPOL 73/78. This information must include— personnel.
(i) An appendix containing coastal State contacts for those coastal States (3) The procedures for notifying the qualified individual(s) designated by
the exclusive economic zone of which the vessel regularly transits. The the vessel's owner or operator.
appendix should list those agencies or officials of administrations (4) Descriptions of the primary and, if available, secondary
responsible for receiving and processing pollution incident reports; and communications methods by which the notifications will be made that
(ii) An appendix of port contacts for those ports at which the vessel should be consistent with the regulations in §155.1035(b)(1).
regularly calls; and

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M.E.T. PUBLICATION 515 — 5TH EDITION
(5) The information that is to be provided in the initial and any follow (4) The procedures for internal transfers of cargo in an emergency;
up notifications required by paragraph (b)(1) of this section. (5) The procedures for ship-to-ship transfers of cargo in an emergency:
(i) The initial notification may be submitted in accordance with IMO (i) The format and content of the ship-to-ship transfer procedures must
Resolution A648(l6) "General Principles for Ship Reporting Systems and be consistent with the Ship to Ship Transfer Guide (Petroleum) published
Ship Reporting Requirements" which is available through COMDT G- jointly by the International Chamber of Shipping and the Oil Companies
MSO-4, U.S. Coast Guard Headquarters, 2100 Second Street SW., International marine Forum (OCIMF).
Washington, DC 20593-0001. It must include at least the following (ii) The procedures must identify the response resources necessary to
information: carry out the transfers, including—
(A) Fendering equipment (ship-to-ship only);
(A) Vessel name, country of registry, call sign, and official number (if
(B) Transfer hoses and connection equipment;
any);
(C) Portable pumps and ancillary equipment;
(B) Date and time of the incident;
(D) Lightering and mooring masters (ship-to-ship only); and
(C) Location of the incident;
(E) Vessel and barge brokers (ship-to-ship only).
(D) Course, speed, and intended track of vessel;
(iii) Reference can be made to a separate oil transfer procedure and
(E) Radio station(s) and frequencies guarded;
(F) Date and time of next report; lightering plan carried aboard the vessel, provided that safety considerations
(G) Type and quantify of oil on board; are summarized in the response plan.
(H) Nature and detail of defects, deficiencies, and damage (e.g. (iv) The location of all equipment and fittings, if any, carried aboard the
grounding, collision, hull failure, etc.); vessel to perform such transfers must be identified;
(I) Details of pollution, including estimate of oil discharged or threat of (6) The procedures and arrangements for emergency towing, including
discharge; the rigging and operation of any emergency towing equipment, including
(J) Weather and sea conditions on scene; that required by subpart B of this part, aboard the vessel;
(K) Ship size and type; (7) The location, crew responsibilities, and procedures for use of
(L) Actions taken or planned by persons on scene; shipboard equipment which may be carried to mitigate an oil discharge;
(M) Current conditions of the vessel; and (8) The crew responsibilities, if any, for recordkeeping and sampling of
(N) Number of crew and details of injuries, if any. spilled oil. Any requirements for sampling must address safety procedures
(ii) After the transmission of the initial notification, as much as to be followed by the crew;
possible of the information essential for the protection of the marine (9) The crew's responsibilities, if any, to initiate a response and
environment as is appropriate to the incident must be reported to the supervise shore-based response resources;
appropriate on-scene coordinator in a follow-up report. This information (10) Damage stability and hull stress considerations when performing
must include— shipboard mitigation measures. This section must identify and describe—
(A) Additional details on the type of cargo on board; (i) Activities in which the crew is trained and qualified to execute absent
(B) Additional details on the condition of the vessel and ability to shore-based support or advice; and
transfer cargo, ballast, and fuel; (ii) The information to be collected by the vessel's crew to facilitate
(C) Additional details on the quantify, extent and movement of the shore-based assistance; and
pollution and whether the discharge is continuing; (11)(i) Location of vessel plans necessary to perform salvage, stability,
(D) Any changes in the on-scene weather or sea conditions; and and hull stress assessments. A copy of these plans must be maintained
(E) Actions being taken with regard to the discharge and the movement ashore by either the vessel owner or operator or the vessel's recognized
of the ship. classification society unless the vessel has prearranged for a shore-based
(6) Identification of the person(s) to be notified of a vessel casualty damage stability and residual strength calculation program with the vessel's
potentially affecting the seaworthiness of a vessel and the information to baseline strength and stability characteristics pre-entered. The response plan
be provided by the vessel's crew to shore-based personnel to facilitate the must indicate the shore location and 24-hour access procedures of the
assessment of damage stability and stress. calculation program or the following plans:
(c) Shipboard spill mitigation procedures. This section of the response (A) General arrangement plan.
plan must include— (B) Midship section plan.
(1) Procedures for the crew to mitigate or prevent any discharge or a (C) Lines plan or table of offsets.
substantial threat of such discharge of oil resulting from shipboard (D) Tank tables.
operational activities associated with internal or external cargo transfers. (E) Load line assignment
Responsibilities of vessel personnel should be identified by job title. These (F) Light ship characteristics.
procedures must address personnel actions in the event of a— (ii) The plan must identify the shore location and 24-hour access
(i) Transfer system leak; procedures for the computerized, shore-based damage stability and residual
(ii) Tank overflow; or structural strength calculation programs required by §155.240.
(iii) Suspected cargo tank or hull leak; (d) Shore-based response activities. This section of the response plan
(2) Procedures in the order of priority for the crew to mitigate or prevent must include the following information:
any discharge or a substantial threat of such a discharge in the event of the (1) The qualified individual's responsibilities and authority, including
following casualties or emergencies: immediate communication with the Federal on-scene coordinator and
(i) Grounding or stranding. notification of the oil spill removal organizations) identified in the plan.
(ii) Collision. (2) If applicable, procedures for transferring responsibility for direction
(iii) Explosion or fire, or both. of response activities from vessel personnel to the shore-based spill
(iv) Hull failure. management team.
(v) Excessive list (3) The procedures for coordinating the actions of the vessel owner or
(vi) Equipment failure (e.g. main propulsion, steering gear, etc.);
operator or qualified individual with the predesignated Federal on-scene
(3) Procedures for the crew to deploy discharge removal equipment as
coordinator responsible for overseeing or directing those actions.
required under subpart B of this part;

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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
(3) A list of the COTP zones in which the tank barges covered by the potentially affecting the seaworthiness of a vessel and the information to
plan intend to handle, store, or transport oil; be provided by the towing vessel personnel or tankermen, as applicable, to
(4) A table of contents or index of sufficient detail to permit personnel shore-based personnel to facilitate the assessment of damage stability and
with responsibilities under the response plan to locate the specific sections stress.
of the plan; and (c) Shipboard spill mitigation procedures. This section of the response
(5) A record of change(s) page used to record information on plan plan must include—
reviews, updates or revisions. (1) Procedures to be followed by the tankerman, as defined in 46 CFR
(b) Notification procedures. This section of the response plan must 35.35-1, to mitigate or prevent any discharge or a substantial threat of such
include the following notification information: a discharge of oil resulting from operational activities and casualties. These
(1) A checklist with all notifications. The checklist must include procedures must address personnel actions in the event of a—
notifications required by MARPOL 73/78,33 CFR part 153, and any (i) Transfer system leak;
applicable State, including telephone or other contact numbers, in the order (ii) Tank overflow; or
of priority and the information required for those notifications to be made (iii) Suspected cargo tank or hull leak;
by the— (2) Procedures in the order of priority for the towing vessel or barge
(i) Towing vessel; owner or operator to mitigate or prevent any discharge or a substantial
(ii) Vessel owner or operator; or threat of such a discharge of oil in the event of the following casualties or
(iii) Qualified individual. emergencies:
(2) Identification of the person(s) to be notified of a discharge or (i) Grounding or stranding;
substantial threat of a discharge of oil. If the notifications vary due to the (ii) Collision;
location of the barge, the persons to be notified also must be identified in (iii) Explosion or fire, or both;
a geographic-specific appendix. This section must separately identify— (iv) Hull failure;
(i) The individual(s) or organizations) to be notified by the towing (v) Excessive list; and
vessel; and (3) Procedures for tankermen or lowing vessel crew to employ discharge
(ii) The individual(s) or organizations) to be notified by shore-based removal equipment required by subpart B of this part;
personnel. (4) The procedures for the internal transfer of cargo in an emergency;
(5) The procedures for ship-to-ship transfers of cargo in an emergency:
(3) The procedures for notifying the qualified individuals designated by
(i) The procedures must identify the response resources necessary to
the barge's owner or operator.
carry out the transfers, including—
(4) Identification of the primary and, if available, secondary
(A) Fendering equipment (ship-to-ship only);
communications methods by which the notifications will be made, (B) Transfer hoses and connection equipment;
consistent with the requirements of paragraph (b)(1) of this section. (C) Portable pumps and ancillary equipment; and
(5) The information that is to be provided in the initial and any follow up (D) Lightering vessels (ship-to-ship only).
notifications required by paragraph (b)(1) of this section. (ii) Reference can be made to separate oil transfer procedures or a
(i) The initial notification information must include at least the following lightering plan provided that safety considerations are summarized in the
information: response plan.
(A) Towing vessel name (if applicable); (iii) The location of all equipment and fittings, if any, to perform such
(B) Tank barge name, country of registry, and official number; transfers must be identified;
(C) Date and time of the incident; (6) The procedures and arrangements for emergency towing, including
(D) Location of the incident; the rigging and operation of any emergency towing equipment, including
(E) Course, speed, and intended track of towing vessel (if applicable);
that required by subpart B of this part aboard the barge;
(F) Radio station(s) frequencies guarded by towing vessel (if applicable);
(G) Date and time of next report; (7) The location and procedures for use of equipment stowed aboard
(H) Type and quantify of oil on board; either the barge or towing vessel to mitigate an oil discharge;
(I) Nature and details of defects, deficiencies, and damage (e.g., (8) The responsibilities of the towing vessel crew and facility or fleeting
grounding, collision, hull failure, etc.); area personnel, if any, to initiate a response and supervise shore-based
(J) Details of pollution, including estimate of oil discharged or threat of response resources;
discharge; (9) Damage stability, if applicable, and hull stress considerations when
(K) Weather and sea conditions on scene; performing on board mitigation measures. This section must identify and
(L) Barge size and type; describe—
(M) Actions taken or planned by persons on scene; (i) Activities in which the towing vessel crew or tankerman is trained
(N) Current condition of the barge; and and qualified to execute absent shore-based support or advice;
(O) Details of injuries, if any. (ii) The individuals who shall be notified of a casualty potentially
(ii) After the transmission of the initial notification, as much as possible affecting the seaworthiness of the barge; and
of the information essential for the protection of the marine environment (iii) The information that must be provided by the towing vessel to
as is appropriate to the incident must be reported to the appropriate on- facilitate the assessment of damage stability and stress; and
scene coordinator in a follow-up report This information must include— (10)(i) Location of barge plans necessary to perform salvage, stability,
(A) Additional detail on the type of cargo on board; and hull stress assessments. A copy of these barge plans must be
(B) Additional details on the condition of the barge and ability to transfer maintained ashore by either the barge owner or operator or the vessel's
cargo, ballast, and fuel; recognized classification society. The response plan must indicate the shore
(C) Additional details on the quantify, extent and movement of the location and 24-hour access procedures of the following plans:
pollution and whether the discharge is continuing; (A) General arrangement plan.
(D) Any changes in the on-scene weather or sea conditions; and (B) Midship section plan.
(E) Actions being taken with regard to the discharge and the movement (C) Lines plan or table of offsets, as available.
of the vessel. (D) Tank tables; and
(6) Identification of the person(s) to be notified of a vessel casualty

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M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) Plans for offshore oil barges must identify the shore location and 24- plan to evaluate and validate its effectiveness.
hour access procedures for the computerized shore-based damage stability (i) On board notification checklist and emergency procedures. This
and residual structural strength calculation programs required by §155.240. portion of the response plan must be maintained in the documentation
(d) Shore-based response activities. This section of the response plan container aboard the unmanned barge. The owner or operator of an
must include the following information: unmanned tank barge subject to this section shall provide the personnel of
(1) The qualified individual's responsibilities and authority, including the towing vessel, fleeting area, or facility that the barge may be moored
immediate communication with the Federal on-scene coordinator and at with the information required by this paragraph and the responsibilities
notification of the oil spill removal organizations) identified in the plan. that the plan indicates will be carried out by these personnel. The on board
(2) If applicable, procedures for transferring responsibility for direction notification checklist and emergency procedures must include—
of response activities from towing vessel personnel or tankermen to the (1) The toll-free number of the National Response Center;
shore-based spill management team. (2) The name and procedures for contacting a primary qualified
(3) The procedures for coordinating the actions of the barge owner or individual and at least one alternate on a 24-hour basis;
operator of qualified individual with the action of the predesignated Federal (3) The name, address, and procedure for contacting the vessel's owner
on-scene coordinator responsible for overseeing or directing those actions. or operator on a 24-hour basis;
(4) The organizational structure that will manage the barge owner or (4) The list of information to be provided in the notification by the
operator's response actions. This structure must include the following reporting personnel;
functional areas and must further include information for key components (5) A statement of responsibilities of and actions to be taken by reporting
within each functional area: personnel after an oil discharge or substantial threat of such discharge; and
(i) Command and control; (6) The information contained in paragraph (c)(1) of this section.
(ii) Public information; (j) Geographic-specific appendices/or each COTP zone in -which a tank
(iii) Safety; barge operates. A geographic-specific appendix must be included for each
(iv) Liaison with government agencies; COTP zone identified. The appendices must include the following
(v) Spill response operations; information or identify the location of such information within the plan:
(vi) Planning; (1) A list of the geographic areas (port areas, rivers and canals. Great
(vii) Logistics support; and Lakes, inland, nearshore, onshore, and open ocean areas) in which the barge
(viii) Finance. intends to handle, store, or transport oil within the applicable COTP zone.
(5) The responsibilities of, duties of, and functional job descriptions for
(2) The volume and group of oil on which the required level of response
each oil spill management team position within the organizational structure
resources are calculated.
identified in paragraph (d)(4) of this section.
(3) Required Federal or State notifications applicable to the geographic
(e) List of contacts. The name, location, and 24-hour contact information
areas in which the barge operates.
for the following key individuals and organizations must be included in this
(4) Identification of the qualified individuals.
section or, if more appropriate, in a geographic-specific appendix and (5) Identification of the oil spill removal organizations) that are
referenced in this section: identified and ensured available, through contract or other approved means
(1) Barge owner or operator. and the spill management team to provide the response resources necessary
(2) Qualified individual and alternate qualified individual for the tank
to respond to the following spill scenarios:
barge's area of operation.
(i) An average most probable discharge.
(3) Applicable insurance representatives or surveyors for the barge's (ii) A maximum most probable discharge.
area(s) of operation. (iii) A worst case discharge to the maximum extent practicable.
(4) Person(s) within the oil spill removal organization to notify for (6) The organizations) identified to meet the provisions of paragraph
activation of that oil spill removal organization for the spill scenarios (j)(5) of this section must be capable of providing the equipment and
identified in paragraph (j)(5) of this section for the barges's area(s) of supplies necessary to meet the provisions of §§155.1050, 155.1052,
operation. 155.1230, and 155-2230, as appropriate, and sources of trained personnel
(5) Person(s) within the identified response organization to notify for to continue operation of the equipment and staff the oil spill removal
activating that organization to provide: organizations) and spill management team identified for the first seven
(i) The required emergency lightering required by §§155.1050(1), days of the response.
155.1052(g), 155.1230(g), and 155.2230(g), as applicable to the type of (7) The appendix must list the response resources and related information
service of the barge(s); and required under §§155.1050,155.1052,155.1230, 155.2230, and Appendix
(ii) The required salvage and fire fighting required by §§155.1050(k), B of this part, as appropriate.
155.1052(e), 155.1230(e), and 155.2230(e), as applicable to the type of (8) If the oil spill removal organizations) providing the necessary
service of the barge(s). response resources has been evaluated by the Coast Guard and their
(6) Person(s) to notify for activation of the spill management team for capability has been determined to equal or exceed the response capability
the spill response scenarios identified in paragraph (j)(5) of this section for needed by the vessel, the appendix may identify only the organization and
the vessel's area of operation. their applicable classification and not the information required in paragraph
(f) Training procedures. This section of the response plan must address (j)(7) of this section.
the training procedures and programs of the barge owner or operator to (9) The appendix must also separately list the companies identified to
meet the requirements in §155.1055. provide the salvage, barge firefighting, lightering, and if applicable,
(g) Exercise procedures. This section of the response plan must address dispersant capabilities required in this subpart.
the exercise program carried out by the barge owner or operator to meet (k) Appendices for barge-specific information. Because many of the tank
the requirements in §155.1060. barges covered by a response plan may be of the same design, this
(h) Plan review, update, revisions amendment, and appeal procedure. information does not need to be repeated provided the plan identifies the
This section of the response plan must address— tank barges to which the same information would apply. The information
(1) The procedures to be followed by the barge owner or operator to must be part of the response plan unless specifically noted. This section
meet the requirements of §155.1070; and must include for each barge covered by the plan the following information:
(2) The procedures to be followed for any post-discharge review of the

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M.E.T. PUBLICATION 515 — 5TH EDITION
(1) List of the principal characteristics of the vessel. (ii) The individual(s) or organizations) to be notified by shore-based
(2) Capacities of all cargo, fuel, lube oil, and ballast tanks. personnel.
(3) The total volumes and cargo group(s) of oil cargo that would be (3) The procedures for notifying the qualified individual and alternate
involved in the— qualified individual.
(i) Maximum most probable discharge; and (4) Descriptions of the primary and, if available, secondary
(ii) Worst case discharge. communication methods by which the notifications will be made, consistent
(4) Diagrams showing location of all tanks aboard the barge. with the requirements in paragraph (b)(1) of this section.
(5) General arrangement plan (can be maintained separately providing (5) The information that is to be provided in the initial and any follow up
that the location is identified). notifications required by paragraph (b)(1) of this section.
(6) Midships section plan (can be maintained separately providing that (i) The initial notification may be submitted in accordance with IMO
the location is identified). Resolution A648(16) "General Principles for Ship Reporting Systems and
(7) Cargo and fuel piping diagrams and pumping plan, as applicable (can Ship Reporting Requirements." It must include at least the following
be maintained separately providing that the location is identified). information:
(8) Damage stability data, if applicable. (A) Vessel name, country of registry, call sign, IMO international
(9) Location of cargo and fuel stowage plan for barge(s) (normally number (if applicable), and official number (if any);
maintained separately). (B) Date and time of the incident;
(10) Location of information on the name, description, physical and (C) Location of the incident;
chemical characteristics, health and safety hazards, and spill and (D) Course, speed, and intended track of vessel;
firefighting procedures for the oil cargo aboard the barge. A material safety (E) Radio station(s) and frequencies guarded;
data sheet meeting the requirements of 29 CFR 1910.1200, cargo (F) Date and time of next report;
information required by 33 CFR 154.310, or equivalent will meet this (G) Type and quantify of oil on board;
requirement This information can be maintained separately. (H) Nature and detail of defects, deficiencies, and damage (e.g.,
grounding, collision, hull failure, etc.);
155.1045 Response plan requirements for vessels carrying oil as a (I) Details of pollution, including estimate of oil discharged or threat of
secondary cargo. discharge;
(a) General information and introduction. This section of the response (J) Weather and sea conditions on scene;
(K) Ship size and type;
plan must include—
(L) Actions taken or planned by persons on scene;
(1) The vessel's name, country of registry, call sign, official number, and
(M) Current conditions of the vessel; and
IMO international number (if applicable). If the plan covers multiple (N) Number of crew and details of injuries, if any.
vessels, this information must be provided for each vessel; (ii) After the transmission of the initial notification, as much as possible
(2) The name, address, and procedures for contacting the vessel's owner of the information essential for the protection of the marine environment
or operator on a 24-hour basis; as is appropriate to the incident must be reported to the appropriate on-
(3) A list of COTP zones in which the vessel intends to handle, store, or scene coordinator in a follow-up report. This information must include—
transport oil; (A) Additional details on the type of cargo on board;
(4) A table of contents or index of sufficient detail to permit personnel (B) Additional details on the condition of the vessel and ability to
with responsibilities under the response plan to locate the specific sections transfer cargo, ballast, and fuel;
of the plan; and (C) Additional details on the quantify, extent and movement of the
(5) A record of change(s) page used to record information on plan pollution and whether the discharge is continuing;
updates or revisions. (D) Any changes in the on-scene weather or sea conditions; and
(6) As required in paragraph (c) of this section, the vessel owner or (E) Actions being taken with regard to the discharge and the movement of
operator must list in his or her plan the total volume of oil carried in bulk the ship.
as cargo. (c) Shipboard spill mitigation procedures. This section of the response
(i) For vessels that transfer a portion of their fuel as cargo, 25 percent plan must identify the vessel's total volumes of oil carried in bulk as cargo
of the fuel capacity of the vessel plus the capacity of any oil cargo tank(s) and meet the applicable requirements of this paragraph as in paragraph
will be assumed to be the cargo volume for determining applicable (a)(6) of this section.
response plan requirements unless the vessel owner or operator indicates (1) For vessels carrying 100 barrels or less of oil in bulk as cargo,
otherwise. the plan must include a basic emergency action checklist for vessel
(ii) A vessel owner or operator can use a volume less than 25 percent if personnel including notification and actions to be taken to prevent or
he or she submits historical data with the plan that substantiates the transfer mitigate any discharge or substantial threat of such a discharge of oil
of a lower percentage of its fuel capacity between refillings. from the vessel.
(b) Notification procedures. This section of the response plan must (2) For vessels carrying over 100 barrels of oil but not exceeding 5,000
include the following notification information: barrels of oil in bulk as cargo, the plan must include—
(1) A checklist with all notifications, including telephone or other contact (i) Detailed information on actions to be taken by vessel personnel to
numbers, in the order of priority to be made by shipboard or shore-based prevent or mitigate any discharge or substantial threat of such a discharge
personnel and the information required for those notifications. Notifications of oil from the vessel due to operational activities or casualties;
must include those required by— (ii) Detailed information on damage control procedures to be followed
(i) MARPOL 73/78 and 33 CFR part 153; and by vessel personnel;
(ii) Any applicable State. (iii) Detailed procedures for internal or external transfer of oil in bulk as
(2) Identification of the person(s) to be notified of a discharge or cargo in an emergency; and
substantial threat of discharge of oil. If notifications vary due to vessel (iv) Procedures for use of any equipment carried aboard the vessel for
location, the person(s) to be notified also must be identified in a spill mitigation.
geographic-specific appendix. This section must separately identify—
(i) The individual(s) or organizations) to be notified by shipboard
personnel; and

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M.E.T. PUBLICATION 515 — 5TH EDITION
(3) For vessels carrying over 5,000 barrels of oil as a secondary cargo, identified functions in the plan. The required exercise frequency for each
the plan must provide the information required by §155.1035(c) for category of vessel is as follows:
shipboard spill mitigation procedures. (1) For vessels carrying 100 barrels or less of oil as cargo—
(4) For all vessels, the plan must include responsibilities and actions to (i) On board spill mitigation procedures and qualified individual
be taken by vessel personnel, if any, to initiate a response and supervise notification exercises must be conducted annually; and
shore-based response resources. (ii) Shore-based oil spill removal organization exercises must be
(d) Shore-based response activities. This section of the response plan conducted biennially.
must include the following information: (2) For vessels carrying over 100 barrels and up to 5,000 barrels of oil
(1) The qualified individual's responsibilities and authority, including in bulk as cargo—
immediate communication with the Federal on-scene coordinator and (i) On board emergency procedures and qualified individual notification
notification of the oil spill removal organizations) identified in the plan. exercises must be conducted quarterly; and
(2) If applicable, procedures for transferring responsibility for direction (ii) Shore-based oil spill removal organization exercises must be
of response activities from vessel personnel to the shore-based spill conducted annually.
management team. (3) Vessels carrying over 5,000 barrels of oil in bulk as cargo must meet
(3) The procedures for coordinating the actions of the vessel owner or the exercise requirement of §155.1060.
operator with the actions of the predesignated Federal on-scene coordinator (h) Plan review, update, revision, amendment, and appeal procedures.
responsible for overseeing or directing those actions. This section of the response plan must address—
(4) The organizational structure that will be used to manage the response (1) The procedures to be followed by the vessel owner or operator to
actions. This structure must include the following functional areas and must meet the requirement of §155.1070; and
further include information for key components within each functional (2) The procedures to be followed for any post-discharge review of the
area: plan to evaluate and validate its effectiveness
(i) Command and control; (i) Geographic-specific appendices for each COTP zone in which a
(ii) Public information; vessel operates. A geographic-specific appendix must be included for each
(iii) Safety; COTP zone identified. The appendix must include the following
(iv) Liaison with government agencies; information or identify the location of such information within the plan:
(v) Spill response operations; (1) Required Federal or State notifications applicable to the geographic
(vi) Planning; areas in which a vessel operates.
(vii) Logistics support; and (2) Identification of the qualified individuals.
(viii) Finance. (3) A list of the oil spill removal organizations) and the spill management
(5) The responsibilities, duties, and functional job description for each
team(s) available to respond to the vessel's worst case oil discharge
oil spill management team member within the organizational structure
in each COTP zone in which a vessel operates. The oil spill removal
identified in paragraph (d)(4) of this section.
organizations) identified must be capable of commencing oil spill
(e) List of contacts. The name, location, and 24-hour contact information
containment and on-water recovery within the response times listed for
for the following key individuals or organizations must be included in this
Tier 1 in §155.1050(g); providing temporary storage of recovered oil; and
section or, if more appropriate, in a geographic-specific appendix and
conducting shoreline protection and cleanup operations. An oil spill
referenced in this section:
removal organization may not be identified in the plan unless the
(1) Vessel owner or operator, and if applicable, charterer.
organization has provided written consent to being identified in the plan as
(2) Qualified individual and alternate qualified individual for the vessel's
an available resource.
area of operation.
(j) Appendices for vessel-specific information. This section must include
(3) Vessel's local agent(s), if applicable, 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 (i.e., length, beam, gross
(4) Applicable insurance representatives or surveyors for the vessel's area
tonnage, etc.).
of operation.
(2) Capacities of all cargo, fuel, lube oil, ballast, and fresh water tanks.
(5) Person(s) within the identified oil spill removal organizations) to
(3) The total volume and cargo groups of oil cargo that would be
notify for activation of the oil spill removal organizations) identified under
involved in the—
paragraph (i)(3) of this section for the vessel's area of operation.
(i) Maximum most probable discharge; and
(6) Person(s) to notify for activation of the spill management team.
(ii) Worst case discharge.
(f) Training procedures. (1) This section of the response plan must
(4) Diagrams showing location of all tanks.
address the training procedures and programs of the vessel owner or
(5) Cargo and fuel piping diagrams and pumping plan as applicable.
operator. The vessel owner or operator shall ensure that—
These diagrams and plans can be maintained separately aboard the vessel
(i) All personnel with responsibilities under the plan receive training in
providing the response plan identifies the location.
their assignments and refresher training as necessary, and participate in
(6) Location of information on the name, description, physical and
exercises required under paragraph (g) of this section. Documented work
chemical characteristics, health and safety hazards, and spill and
experience can be used instead of training; and
firefighting procedures for the oil cargo aboard the vessel. A material
(ii) Records of this training are maintained aboard the vessel, at the U.S.
safety data sheet meeting the requirements of 29 CFR 1910.1200, cargo
location of the spill management team, or with the qualified individual. The
information required by 33 CFR 154310, or the equivalent, will meet this
plan must specify where the records are located.
requirement. This information can be maintained separately on board the
(2) Nothing in this section relieves the vessel owner or operator from
vessel, providing the response plan identifies the location.
responsibility to ensure that all private shore-based response personnel are
trained to meet the Occupational Safety and Health Administration
(OSHA) standards for emergency response operations in 29 CFR 1910.120. 155.1050 Response plan development and evaluation criteria for
(g) Exercise procedures. This section of the response plan must address vessels carrying groups I through IV petroleum oil as a primary cargo.
the exercise program carried out by the vessel owner or operator to (a) The following criteria must be used to evaluate the operability of
evaluate the ability of vessel and shore-based personnel to perform their response resources identified in the response plan for the specified
operating environment:

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M.E.T. PUBLICATION 515 — 5TH EDITION
(1) Table 1 of Appendix B of this part. response resources necessary to respond to a discharge up to the vessel's
(i) The criteria in Table I of Appendix B of this part are to be used maximum most probable discharge volume.
solely for identification of appropriate equipment in a response plan. (1) These resources must be positioned such that they can arrive at the
(ii) These criteria reflect conditions used for planning purposes to select scene of a discharge within—
mechanical response equipment and are not conditions that would limit (i) 12 hours of the discovery of a discharge in higher volume port areas
response actions or affect normal vessel operations. and the Great Lakes;
(2) Limitations that are identified in the Area Contingency Plans for the (ii) 24 hours of the discovery of a discharge in all rivers and canals,
COTP zones in which the vessel operates, including— inland, nearshore and offshore areas; and
(i) Ice conditions; (iii) 24 hours of the discovery of a discharge plus travel time from shore
(ii) Debris; for open ocean areas.
(iii) Temperature ranges; and (2) The necessary response resources include sufficient containment
(iv) Weather-related visibility. boom, oil recovery devices, and storage capacity for any recovery of up to
(b) The COTP may reclassify a specific body of water or location within the maximum most probable discharge planning volume.
the COTP zone. Any reclassifications will be identified in the applicable (3) The response plan must identify the storage location, make, model,
Area Contingency Plan. Reclassifications may be to— and effective daily recovery capacity of each oil recovery device that is
(1) A more stringent operating environment if the prevailing wave identified for plan credit
conditions exceed the significant wave height criteria during more than 35 (4) The response resources identified for responding to a maximum
percent of the year; or most probable discharge must be positioned to be capable of meeting
(2) A less stringent operating environment if the prevailing wave the planned arrival times in this paragraph. The COTP with jurisdiction
conditions do not exceed the significant wave height criteria for the less over the area in which the vessel is operating must be notified whenever the
stringent operating environment during more than 35 percent of the year. identified response resources are not capable of meeting the
(c) Response equipment must— planned arrival times.
(1) Meet or exceed the criteria listed in Table 1 of Appendix B of this
(f) The owner or operator of a vessel carrying groups I through IV
part;
petroleum oil as a primary cargo must identify in the response plan and
(2) Be capable of functioning in the applicable operating environment;
ensure the availability of, through contract or other approved means,
and
(3) Be appropriate for the petroleum oil carried. the response resources necessary to respond to discharges up to the
(d) The owner or operator of a vessel that carries groups I through IV worst case discharge volume of the oil cargo to the maximum extent
petroleum oil as a primary cargo shall identify in the response plan and practicable.
ensure the availability of, through contract or other approved means, the (1) The location of these resources must be suitable to meet the response
response resources that will respond to a discharge up to the vessel's times identified for the applicable geographic area(s) of operation and
average most probable discharge. response tier.
(1) For a vessel that carries groups I through IV petroleum oil as its (2) The response resources must be appropriate for—
primary cargo, the response resources must include— (i) The capacity of the vessel;
(i) Containment boom in a quantify equal to twice the length of the (ii) Group(s) of petroleum oil carried as cargo; and
largest vessel involved in the transfer and capable of being deployed at the (iii) The geographic area(s) of vessel operation.
she of oil transfer operations— (3) The resources must include sufficient boom, oil recovery devices, and
(A) Within 1 hour of detection of a spill, when the transfer is conducted storage capacity to recover the planning volumes.
between 0 and 12 miles from the nearest shoreline; or (4) The response plan must identify the storage location, make, model,
(B) Within 1 hour plus travel time from the nearest shoreline, based on and effective daily recovery capacity of each oil recovery device that is
an on-water speed of 5 knots, when the transfer is conducted over 12 miles identified for plan credit.
up to 200 miles from the nearest shoreline; and (5) The guidelines in Appendix B of this part must be used for
(ii) Oil recovery devices and recovered oil storage capacity capable of calculating the quantity of response resources required to respond at each
being at the transfer site— tier to the worst case discharge to the maximum extent practicable.
(A) Within 2 hours of the detection of a spill during transfer operations, (6) When determining response resources necessary to meet the
when the transfer is conducted between 0 and 12 miles from the nearest requirements of this paragraph (f)(6), a portion of those resources must be
shoreline; or capable of use in close-to-shore response activities in shallow water. The
(B) Within 1 hour plus travel time from the nearest shoreline, based on following percentages of the response equipment identified for the
an on-water speed of 5 knots, when the transfer is conducted over 12 miles applicable geographic area must be capable of operating in waters of 6 feet
up to 200 miles from the nearest shoreline. or less depth:
(2) For locations of multiple vessel transfer operations, a vessel may (i) Open ocean-none.
identify the same equipment as identified by other vessels, provided that (ii) Offshore-10 percent
(iii) Nearshore, inland. Great Lakes, and rivers and canals-20 percent
each vessel has ensured access to the equipment through contract or other
(7) Response resources identified to meet the requirements of paragraph
approved means. Under these circumstances, prior approval by the Coast
(f)(6) of this section are exempt from the significant wave height planning
Guard is not required for temporary changes in the contracted oil spill
requirements of Table 1 of Appendix B of this part.
removal organization under §155.1070(c)(5).
(g) Response equipment identified to respond to a worst case discharge
(3) The owner or operator of a vessel conducting transfer operations at
must be capable of arriving on scene within the times specified in this
a facility required to submit a response plan under 33 CFR 154.1017 is
paragraph for the applicable response tier in a higher volume port area,
required to plan for and identify the response resources required in
Great Lakes, and in other areas. Response times for these tiers from the
paragraph (d)(1) of this section. However, the owner or operator is not
time of discovery of a discharge are—
required to ensure by contract or other means the availability of such
resources.
(e) The owner or operator of a vessel carrying groups I through IV
petroleum oil as a primary cargo must identify in the response plan and
ensure the availability of, through contract or other approved means, the

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M.E.T. PUBLICATION 515 — 5TH EDITION
Tier 1 Tier 2 Tier 3 (i) rendering equipment;
(ii) Transfer hoses and connection equipment; and
Higher volume port area 12hrs 36hrs 60hrs (iii) Portable pumps and ancillary equipment necessary to offload the
(except tankers in Prince vessel's largest cargo tank in 24 hours of continuous operation.
William Sound covered by (2) These resources must be capable of reaching the locations in which
§155.1135). the vessel operates within the stated times following notification:
Great Lakes 18hrs 42hrs 66hrs (i) Inland (except tankers in Prince William Sound covered by
All other rivers & canals, 24hrs 48hrs 72hrs §155.1130), nearshore, and Great Lakes waters—12 hours.
inland, nearshore, and (ii) Offshore waters and rivers and canals—18 hours.
offshore areas. (iii) Open ocean waters—36 hours.
Open ocean (plus travel time 24hrs+ 48hrs+ 72hrs+ (3) For barges operating on rivers and canals as defined in this subpart,
from shore) the requirements of this paragraph (1)(3) may be met by listing resources
capable of meeting the response times in paragraph (1)(2) of this section.
(h) For the purposes of arranging for response resources through contract Such resources may not be identified in a plan unless the response
or other approved means, response equipment identified for Tier 1 plan organization has provided written consent to be listed in a plan as an
credit must be capable of being mobilized and enroute to the scene of a available resource.
discharge within 2 hours of notification. The notification procedures (m) The owner or operator of a vessel carrying groups I through IV
identified in the plan must provide for notification and authorization for petroleum oil as a primary cargo must identify in the response plan and
mobilization of identified Tier 1 response resources— ensure the availability of, through contract or other approved means,
(1) Either directly or through the qualified individual; and response resources necessary to perform shoreline protection operations.
(2) Within 30 minutes of a discovery of a discharge or substantial threat (1) The response resources must include the quantities of boom listed in
of discharge. Table 2 of Appendix B of this part, based on the areas in which the vessel
(i) Response resources identified for Tier 2 and Tier 3 plan credit must operates.
be capable of arriving on scene within the time listed for the applicable (2) Vessels that intend to offload their cargo at the Louisiana Offshore
tier. Oil Port (LOOP) marine terminal are not required to comply with the
(j) The response plan for a vessel carrying group II or III persistent requirements of this paragraph when they are within the offshore area and
petroleum oils as a primary cargo that operates in areas with year-round under one of the following conditions:
preapproval for dispersant use may request a credit against up to 25% of (i) Approaching or departing the LOOP marine terminal within the
the on-water oil recovery capability for each worst case discharge tier LOOP Shipping Safety Fairway, as defined in 33 CFR 166.200.
necessary to meet the requirements of this subpart To receive this credit, (ii) Moored at the LOOP marine terminal for the purposes of cargo
the vessel owner or operator shall identify in the response plan and ensure, transfer operations or anchored in the designated anchorage area awaiting
through contract or other approved means, the availability of the dispersants discharge.
and the necessary resources to apply those agents appropriate for the type (n) The owner or operator of a vessel carrying groups I through IV
of oil carried and to monitor the effectiveness of the dispersants. The extent petroleum oil as a primary cargo must identify in the response plan and
of the credit will be based on the volumes of dispersant available to sustain ensure the availability of, through contract or other approved means, an oil
operations at manufacturers' recommended dosage rates. Dispersant spill removal organization capable of effecting a shoreline cleanup
resources identified for plan credit must be capable of being on scene operation commensurate with the quantify of emulsified petroleum oil to be
within 12 hours of discovery of a discharge. planned for in shoreline cleanup operations.
Note: Identification of these resources does not imply that they will be (1) The shoreline cleanup resources required must be determined as
authorized for use. Actual authorization for use during a spill response will described in Appendix B of this part
be governed by the provisions of the National Oil and Hazardous (2) Vessels that intend to offload their cargo at the Louisiana Offshore
Substances Pollution Contingency Plan (40 CFR part 300) and the Oil Port (LOOP) marine terminal are not required to comply with the
applicable Area Contingency Plan. requirements of this paragraph when they are within the offshore area and
(k)(1) The owner or operator of a vessel carrying groups I through IV under one of the following conditions:
petroleum oil as a primary cargo must identify in the response plan and (i) Approaching or departing the LOOP marine terminal within the
ensure the availability of, through contract or other approved means, the LOOP Shipping Safety Fairway as defined in 33 CFR 166.200.
following resources: (ii) Moored at the LOOP marine terminal for the purposes of cargo
(i) A salvage company with expertise and equipment transfer
(ii) A company with vessel firefighting capability that will respond to operations or anchored in the designated anchorage area awaiting
casualties in the area(s) in which the vessel will operate. discharge.
(2) Vessel owners or operators must identify intended sources of the (o) Appendix B of this part sets out caps that recognize the practical and
resources required under paragraph (k)(1) of this section capable of being technical limits of response capabilities for which an individual vessel
deployed to the areas in which the vessel will operate. Providers) of these owner or operator can contract in advance. Table 6 in Appendix B lists the
services may not be listed in the plan unless they have provided written contracting caps that are applicable, as of February 18,1993, and that are
consent to be listed in the plan as an available resource. slated to apply on February 18, 1998. The owner or operator of a vessel
(3) To meet this requirement in a response plan submitted for reapproval carrying groups I through IV petroleum oil as a primary cargo, whose
on or after February 18, 1998, the identified resources must be capable of required daily recovery capacity exceeds the applicable contracting caps in
being deployed to the port nearest to the area in which the vessel operates Table 6, shall identify commercial sources of additional equipment equal
within 24 hours of notification. to twice the cap listed for each tier or the amount necessary to reach the
(l) The owner or operator of a vessel carrying groups I through IV calculated planning volume, whichever is lower, to the extent that this
petroleum oil as a primary cargo must identify in the response plan and equipment is available. The equipment so identified must be capable of
ensure the availability of, through contract or other approved means, certain arriving on scene no later than the applicable tier response times contained
response resources required by §155.1035(c)(5)(ii) or §155.1040(c)(5)(i), in §155.1050(g) or as quickly as the nearest available resource permits. A
as appropriate. response plan must identify the specific sources, locations, and quantities
(1) These resources must include— of this additional equipment No contract is required.

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M.E.T. PUBLICATION 515 — 5TH EDITION
(p) The Coast Guard will initiate a review of cap increases and other (1) A salvage company with appropriate expertise and equipment; and
requirements contained within this subpart that are scheduled to be phased (2) A company with vessel firefighting capability that will respond to
in over time. Any changes in the requirements of this section will occur casualties in the area(s) in which the vessel is operating.
through a public notice and comment process. (f) Vessel owners or operators must identify intended sources of the
(1) During this review, the Coast Guard will determine if the scheduled resources required under paragraph (e) of this section capable of being
increase remains practicable, and will also establish a specific cap for 2003. deployed to the areas in which the vessel will operate. A company may not
The review will include— be listed in the plan unless the company has provided written consent to be
(i) Increases in skimming efficiencies and design technology; listed in the plan as an available resource. To meet this requirement in a
(ii) Oil tracking technology; response plan submitted for approval or reapproval on or after February 18,
(iii) High rate response techniques; 1998, the vessel owner or operator must identify both the intended sources
(iv) Other applicable response technologies; and of this capability and demonstrate that the resources are capable of being
(v) Increases in the availability of private response resources. deployed to the port nearest to the area where the vessel operates within 24
(2) All scheduled future requirements will take effect unless the Coast hours of discovery of a discharge.
Guard determines that they are not practicable. Scheduled changes will be (g) The owner or operator of a vessel carrying group V petroleum oil as
effective on February 18, 1998 and 2003 unless the review of the additional a primary cargo shall identify in the response plan and ensure the
requirements have not been completed by the Coast Guard. If this availability of certain resources required by §§155.1035(c)(5)(ii) and
occurs, the changes will not be effective until 90 days after publication of 155.1040(c)(5)(i), as applicable, through contract or other approved means.
a Federal Register notice with the results of the review. (1) Resources must include—
(i) Fendering equipment;
155.1052 Response plan development and evaluation criteria for vessels (ii) Transfer hoses and connection equipment; and
carrying group V petroleum oil as a primary cargo. (iii) Portable pumps and ancillary equipment necessary to offload the
(a) Owners and operators of vessels that carry group V petroleum oil as vessel's largest cargo tank in 24 hours of continuous operation.
a primary cargo must provide information in their plan that identifies— (2) Resources must be capable of reaching the locations in which the
(1) Procedures and strategies for responding to discharges up to a worst vessel operates within the stated times following notification:
case discharge of group V petroleum oils to the maximum extent (i) Inland, nearshore, and Great Lakes waters-12 hours.
practicable; and (ii) Offshore waters and rivers and canals-18 hours.
(2) Sources of the equipment and supplies necessary to locate, recover, (iii) Open ocean waters-36 hours.
and mitigate such a discharge. (3) For barges operating in rivers and canals as defined in this subpart,
(b) Using the criteria in Table 1 of Appendix B of this part, an owner or the requirements of this paragraph (g)(3) may be met by listing resources
operator of a vessel carrying group V petroleum oil as a primary cargo capable of being deployed in an area within the response times in paragraph
must ensure that any equipment identified in a response plan is capable of (g)(2) of this section. A vessel owner or operator may not identify
operating in the conditions expected in the geographic area(s) in which the such resources in a plan unless the response organization has provided
vessel operates. When evaluating the operability of equipment, the vessel written consent to be identified in a plan as an available resource.
owner or operator must consider limitations that are identified in the Area
Contingency Plans for the COTP zones in which the vessel operates, 155.1055 Training.
including— (a) A response plan submitted to meet the requirements of § 15 5.103 5
(1) Ice conditions; must identify the training to be provided to persons having responsibilities
(2) Debris; under the plan, including members of the vessel crew, the
(3) Temperature ranges; and qualified individual, and the spill management team. A response plan
(4) Weather-related visibility. submitted to meet the requirements of §155.1040 must identify the
(c) The owner or operator of a vessel carrying group V petroleum oil as training to be provided to the spill management team, the qualified
a primary cargo must identify in the response plan and ensure, through individual, and other personnel in §155.1040 with specific responsibilities
contract or other approved means, the availability of required equipment, under the plan including tankermen and members of the towing
including— vessel crew. The training program must differentiate between that
(1) Sonar, sampling equipment, or other methods for locating the oil on training provided to vessel personnel and that training provided to
the bottom or suspended in the water column; shore-based personnel. Appendix C of this part provides additional
(2) Containment boom, sorbent boom, silt curtains, or other methods for guidance regarding training.
containing oil that may remain floating on the surface or to reduce (b) A vessel owner or operator shall ensure the maintenance of records
spreading on the bottom; sufficient to document this training and make them available for inspection
(3) Dredges, pumps, or other equipment necessary to recover oil from upon request by the Coast Guard. Records must be maintained for 3 years
the bottom and shoreline; and following completion of training. The response plan must identify the
(4) Other appropriate equipment necessary to respond to a discharge location of training records, which must be—
involving the type of oil carried. (1) On board the vessel;
(d) Response resources identified in a response plan under paragraph (c) (2) With the qualified individual; or
of this section must be capable of being deployed within 24 hours of (3) At a U.S. location of the spill management team.
discovery of a discharge to the port nearest the area where the vessel is (c) A vessel owner or operator may identify equivalent work experience
operating. An oil spill removal organization may not be listed in the plan which fulfills specific training requirements.
unless the oil spill removal organization has provided written consent to be (d) The vessel owner or operator shall ensure that any oil spill removal
listed in the plan as an available resource. organization identified in a response plan to meet the requirements of this
(e) The owner or operator of a vessel carrying group V petroleum oil as part maintains records sufficient to document training for the organization's
a primary cargo shall identify in the response plan and ensure the personnel. These records must be available for inspection upon request by
availability of the following resources through contract or other approved the Coast Guard. Records must be maintained for 3 years following
means— completion of training

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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.

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M.E.T. PUBLICATION 515 — 5TH EDITION
(g) An owner or operator of a United States flag vessel may meet the vessel-specific appendix required by this subpart and the owner or
response plan requirements of Regulation 26 of MARPOL 73/78 and operator's certification required in §155.1025(c); or
subparts D, E, F, and G of this part by stating in writing, according to the (9) Any other significant changes that affect the implementation of the
provisions of §155.1030(j), that the plan submitted is intended to address plan.
the requirements of both Regulation 26 of MARPOL 73/78 and the (d) Thirty days in advance of operation, the owner or operator shall
requirements of subparts D, E, F, and G of this part. submit any revision or amendments identified in paragraph (c) of this
(h) Within 21 days of notification that a plan is not approved, the vessel section. The certification required in § 155.1065(b) must be submitted
owner or operator may appeal that determination to the Chief, Office of along with the revisions or amendments.
Marine Safety, Security and Environmental Protection. This appeal must (e) The Coast Guard may require a vessel owner or operator to revise a
be submitted in writing to Commandant (G-M), Coast Guard, 2100 Second response plan at any time if it is determined that the response plan does not
Street SW., Washington, DC 20593-0001. meet the requirements of this subpart. The Coast Guard will notify the
[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD 96-028, 61 FR vessel owner or operator in writing of any deficiencies and any operating
33668, June 28, 1996] restrictions. Deficiencies must be corrected and submitted for acceptance
within the time period specified in the written notice provided by the Coast
155.1070 Procedures for plan review, revision, amendment, and Guard or the plan will be declared invalid and any further storage, transfer,
appeal. handling, transporting or lightering of oil in areas subject to the jurisdiction
(a) A vessel response plan must be reviewed annually by the owner or of the United States will be in violation of section 311(j)(5)(E) of the
operator. Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1321(j)(5)(E)).
(1) This review must occur within 1 month of the anniversary date of (f) A vessel owner or operator who disagrees with a deficiency
Coast Guard approval of the plan. determination may submit a petition for reconsideration to Chief, Marine
(2) The owner or operator shall submit any plan amendments to the Safety and Environmental Protection, Commandant (G-M), Coast Guard
Coast Guard for information or approval. Revisions to a plan must include Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001
a cover page that provides a summary of the changes being made and the within the time period required for compliance or within 7 days from the
pages being affected. Revised pages must further include the number of the date of receipt of the Coast Guard notice of a deficiency determination,
revision and date of that revision. whichever is less. After considering all relevant material presented, the
(3) Any required changes must be entered in the plan and noted on the Coast Guard will notify the vessel owner or operator of the final decision.
record of changes page. The completion of the annual review must also be (1) Unless the vessel owner or operator petitions for reconsideration of
noted on the record of changes page. the Coast Guard's decision, the vessel's owner or operator must correct the
(b) The owner or operator of a vessel covered by subparts D, E, F, and response plan deficiencies within the period specified in the Coast Guard's
G of this part shall resubmit the entire plan to the Coast Guard for initial determination.
approval— (2) If the vessel owner or operator petitions the Coast Guard for
(1) Six months before the end of the Coast Guard approval period reconsideration, the effective date of the Coast Guard notice of deficiency
identified in §155.1065(c); and determination may be delayed pending a decision by the Coast Guard.
(2) Whenever there is a change in the owner or operator of the vessel, Petitions to the Coast Guard must be submitted in writing, via the Coast
if that owner or operator provided the certifying statement required by Guard official who issued the requirement to amend the response plan,
§155.1065(b). If this change occurs, a new statement certifying that the within 5 days of receipt of the notice.
plan continues to meet the applicable requirements of subparts D, E, F, and (g) Except as required in paragraph (c) of this section, amendments to
G of this part must be submitted. personnel and telephone number lists included in the response plan do not
(c) Revisions or amendments to an approved response plan must be require prior Coast Guard approval.
submitted for approval by the vessel's owner or operator whenever there (h) The Coast Guard and all other holders of the response plan shall be
is— advised of any revisions to personnel and telephone numbers and provided
(1) A change in the owner or operator of the vessel, if that owner or a copy of these revisions as they occur.
operator [CGD 91-034, 61 FR 1091, Jan. 12, 1996 as amended by CGD 96-028, 61 FR
is not the one who provided the certifying statement required by 33668, June 28, 1996]
§155.1065(b);
(2) A change in the vessel's operating area that includes ports or Subpart E—Additional Response Plan Requirements for
geographic area(s) not covered by the previously approved plan. A vessel Tankers Loading Cargo at a Facility Permitted Under
may operate in an area not covered in a previously approved plan upon the Trans-Alaska Pipeline Authorization Act.
receipt of written acknowledgment by the Coast Guard that a new
SOURCE: 61 FR 1052, January 12, 1996, unless otherwise noted.
geographic specific appendix has been submitted for approval by the
vessel's owner or operator and the certification required in §155.1025(c) has
been provided; 155.1110 Purpose and applicability.
(3) A significant change in the vessel's configuration that affects the (a) This subpart establishes oil spill response planning requirements for
information included in the response plan; an owner or operator of a tanker loading cargo at a facility permitted under
(4) A change in the type of oil cargo carried aboard (oil group) that the Trans-Alaska Pipeline Authorization Act (TAPAA) (43 U.S.C. 1651 et
affects the required response resources, except as authorized by the COTP seq.) in Prince William Sound, Alaska, in addition to the requirements of
for purposes of assisting in an oil spill response activity; subpart D of this part The requirements of this subpart are intended for use
(5) A change in the identification of the oil spill removal organizations) in developing response plans and identifying response resources during the
or other response related resource required by §§155.1050, 155.1052, planning process, they are not performance standards.
155.1230, or 155.2230, as appropriate, except an oil spill removal (b) The information required in this subpart must be included in a Prince
organization required by §155.1050(d) which may be changed on a case by William Sound geographic-specific appendix to the vessel response plan
case basis for an oil spill removal organization previously classified by the required by subpart D of this part
Coast Guard which has been ensured available by contract or other
approved means;
(6) A significant change in the vessel's emergency response procedures;
(7) A change in the qualified individual;
(8) The addition of a vessel to the plan. This change must include the

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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

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M.E.T. PUBLICATION 515 — 5TH EDITION
155.1150 Plan revision and amendment procedures.
An appendix prepared and submitted under this subpart must be revised Tier 1 Tier 2 Tier 3
and amended, as necessary, in accordance with §155.1070.
Higher volume port area. 12 hrs N/A N/A
Subpart F—Response plan requirements for vessels Great Lakes 18 hrs N/A N/A
All other rivers and canals, 24 hrs N/A N/A
carrying animal fats and vegetable oils as a primary
inland, nearshore, and
cargo offshore areas.
SOURCE: 61 FR 1052, January 12, 1996, unless otherwise noted. Open ocean (plus travel time 24 hrs+ N/A N/A
from shore)
155.1210 Purpose and applicability.
This subpart establishes oil spill response planning requirements for an
(e) The owner or operator of a vessel carrying animal fids or vegetable
owner or operator of a vessel carrying animal fats and vegetable oils as a
oils as a primary cargo must identify in the response plan and ensure the
primary cargo. The requirements of this subpart are intended for use in
availability of the following resources through contract or other approved
developing response plans and identifying response resources during the
means:
planning process. They are not performance standards.
(1) A salvage company with appropriate expertise and equipment.
(2) A company with vessel firefighting capability that will respond to
155.1225 Response plan submission requirements. casualties in the area(s) in which the vessel is operating.
An owner or operator of a vessel carrying animal fats and vegetable oils (f) Vessel owners or operators must identify intended sources of the
as a primary cargo shall submit a response plan in accordance with the resources required under paragraph (e) of this section capable of being
requirements of this subpart, and with all sections of subpart D of this part, deployed to the areas in which the vessel will operate. A company may not
except §§155.1050 and 155.1052. be listed in the plan unless the company has provided written consent to be
listed in the plan as an available resource. To meet this requirement in a
155.1230 Response plan development and evaluation criteria. response plan submitted for approval or reapproval on or after February 18,
(a) Owners and operators of vessels that carry animal fats or vegetable 1998, the vessel owner or operator must identify both the intended sources
oils as a primary cargo must provide information in their plan that of this capability and demonstrate that the resources are capable of being
identifies— deployed to the port nearest to the area where the vessel operates within 24
(1) Procedures and strategies for responding to a worst case discharge of hours of discovery of a discharge.
animal fats or vegetable oils to the maximum extent practicable; and (g) The owner or operator of a vessel carrying animal firs or vegetable
(2) Sources of the equipment and supplies necessary to contain, recover, oils as a primary cargo must identify in the response plan, and ensure the
and mitigate such a discharge. availability of, through contract or other approved means, certain resources
(b) An owner or operator of a vessel carrying animal fills or vegetable required by subpart D §155.1035(c)(5)(ii) and §155.1040(c)(5)(i), as
oils as a primary cargo must ensure that any equipment identified in a applicable.
response plan is capable of operating in the conditions expected in the (1) Resources must include—
geographic area(s) in which the vessel operates using the criteria in Table (i) rendering equipment;
1 of Appendix B of this part. When evaluating the operability of equipment, (ii) Transfer hoses and connection equipment; and
the vessel owner or operator must consider limitations that are (iii) Portable pumps and ancillary equipment necessary to offload the
identified in the Area Contingency Plans for the COTP zones in which the vessel's largest cargo tank in 24 hours of continuous operation.
vessel operates, including— (2) Resources must be capable of reaching the locations in which the
(1) Ice conditions; vessel operates within the stated times following notification:
(2) Debris; (i) Inland, nearshore, and Great Lakes waters-12 hours.
(3) Temperature ranges; and (ii) Offshore waters and rivers and canals-18 hours.
(4) Weather-related visibility. (iii) Open ocean waters-36 hours.
(c) The owner or operator of a vessel carrying animal fats or vegetable (3) For barges operating in rivers and canals as defined in this subpart,
oils as a primary cargo must identify in the response plan and ensure, the requirements of this paragraph (g)(3) may be met by listing resources
through contract or other approved means, the availability of required capable of being deployed in an area within the response times in
equipment including— paragraph (g)(2) of this section. A vessel owner or operator may not
(1) Containment boom, sorbent boom, or other methods for containing identify such resources in a plan unless the response organization has
oil floating on the surface or to protect shorelines from impact; provided written consent to be identified in a plan as an available resource.
(2) Oil recovery devices appropriate for the type of animal fats or (h) The response plan for a vessel that is located in any environment
vegetable oils carried; and with year-round preapproval for use of dispersants suitable for animal fats
(3) Other appropriate equipment necessary to respond to a discharge and vegetable oils and that handles, stores, or transports animal fats or
involving the type of animal fats or vegetable oils carried. vegetable oils may request a credit for up to 25 percent of the worst case
(d) Response resources identified in a response plan under paragraph planning volume set forth by subpart D of this part. To receive this credit,
(c) of this section must be capable of arriving on-scene within the the vessel owner or operator must identify in the plan and ensure, by
applicable Tier 1 response times specified in this paragraph. An oil contract or other approved means, the availability of specified resources to
spill removal organization may not be listed in the plan unless the apply the dispersants and to monitor their effectiveness. To extent of the
organization has provided written consent to be listed in the plan as an credit will be based on the volumes of the dispersant available to sustain
available resource. Response times from the time of discovery of a operations at the manufacturers' recommended dosage rates. Other spill
discharge are as follows: mitigation techniques, including mechanical dispersal, may be identified in
the response plan, provided they are in accordance with the NCP and the
applicable ACP. Resources identified for plan credit should be capable of
being on scene within 12 hours of a discovery of a discharge. Identification
of these resources does not imply that they will be authorized for use.
Actual authorization for use during the spill response will be governed by
the provisions of the NCP and the applicable ACP.

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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.

(e) The owner or operator of a vessel carrying other non-petroleum oil as


a primary cargo must identify in the response plan and ensure the
availability of the following resources through contract or other approved
means:

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M.E.T. PUBLICATION 515 — 5TH EDITION
The flange must be of steel having a flat face, with a gasket of oil proof Contingency Plan will also identify the average temperature ranges
material, and must be suitable for a service pressure of 6 kg./cm2 (85 p.s.i.) expected in a geographic area in which a vessel operates. All equipment
The steel materials used must meet the material specifications of standard identified in a response plan must be designed to operate within those
B16.5, Steel Pipe Flanges and Flanged Fittings of the American National conditions or ranges.
Standards Institute. (See §157.106 of this chapter.) 2.6 The requirements of subparts D, E, F, and G of this part establish
[CGD 75-124, 45 FR 7178, Jan. 31, 1980] response resource mobilization and response times. The location that the
vessel operates farthest from the storage location of the response resources
Appendix B to Part 155—Determining and Evaluating must be used to determine whether the resources are capable of arriving on
Required Response Resources for Vessel Response Plans scene within the time required. A vessel owner or operator shall include the
SOURCE: 61 FR 1052, January 12, 1996, unless otherwise noted. time for notification, mobilization, and travel time of resources identified
to meet the maximum most probable discharge and Tier 1 worst case
1. Purpose discharge requirements. For subparts D and E of this part, tier 2 and 3
resources must be notified and mobilized as necessary to meet the
requirements for arrival on scene. An on-water speed of 5 knots and a land
1.1 The purpose of this appendix is to describe the procedures for speed of 35 miles per hour is assumed, unless the vessel owner or operator
identifying response resources to meet the requirements of subparts D, E, can demonstrate otherwise.
F, and G of this part. These guidelines will be used by the vessel owner or 2.7 For subparts D and E of this part, in identifying equipment, the
operator in preparing the response plan and by the Coast Guard to review vessel owner or operator shall list the storage location, quantify, and
vessel response plans. Response plans submitted under subparts F and G of manufacturer's make and model, unless the oil spill removal organizations)
this part will be evaluated under the guidelines in section 2 and Table 1 of providing the necessary response resources have been evaluated
this appendix. by the Coast Guard, and their capability has been determined to equal
or exceed the response capability needed by the vessel. For oil
2. Equipment Operability and Readiness
recovery devices, the effective daily recovery capacity, as determined
2.1 All equipment identified in a response plan must be capable of using section 6 of this appendix, must be included. For boom, the
operating in the conditions expected in the geographic area in which overall boom height (draft plus freeboard) must be included. A vessel
a vessel operates. These conditions vary widely based on the location owner or operator is responsible for ensuring that identified boom has
and season. Therefore, it is difficult to identify a single stockpile of compatible connectors.
response equipment that will function effectively in every geographic 2.8 For subparts F and G of this part, in identifying equipment, the
location. vessel owner or operator shall list the storage location, quantify, and
2.2 Vessels storing, handling, or transporting oil in more than one manufacturer's make and model, unless the oil spill removal organizations)
operating environment as indicated in table 1 must identify equipment providing the necessary response resources have been evaluated
capable of successfully functioning in each operating environment For by the Coast Guard, and their capability has been determined to equal
example, vessels moving from the ocean to a river port must identify or exceed the response capability needed by the vessel. For boom, the
appropriate equipment designed to meet the criteria for ocean, inland, and overall boom height (draft plus freeboard) must be included. A vessel
rivers and canals. This may be equipment that is designed to operate in all owner of operator is responsible for ensuring that identified boom has
of these environments or, more likely, different equipment designed for use compatible connectors.
in each area. 3. Determining Response Resources Required/or
2.3 When identifying equipment for response plan credit, a vessel the Average Most Probable Discharge
owner or operator must consider the inherent limitations in the operability
of equipment components and response systems. The criteria in 3.1 A vessel owner or operator shall identify and ensure, by contract or
Table 1 of this appendix must be used for evaluating the Operability in other approved means, that sufficient response resources are available to
a given environment These criteria reflect the general conditions in respond to the 50-barrel average most probable discharge at the point of an
certain operating areas. oil transfer involving a vessel that carries oil as a primary cargo. The
2.4 Table 1 of this appendix lists criteria for oil recovery devices and equipment must be designed to function in the operating environment at the
boom. All other equipment necessary to sustain or support response point of oil transfer. These resources must include—
operations in a geographic area must be designed to function in the same 3.1.1 Containment boom in a quantify equal to twice the length of the
conditions. For example, boats which deploy or support skimmers or boom largest vessel involved in the transfer capable of being deployed within 1
must be capable of being safely operated in the significant wave heights hour of the detection of a spill at the site of oil transfer operations. If the
listed for the applicable operating environment The Coast Guard may transfer operation is more than 12 miles from shore, the containment boom
require documentation that the boom identified in a response plan meets the must be deployed within 1 hour plus the travel time from the nearest
criteria in Table 1 of this appendix. Absent acceptable documentation, the shoreline at a speed of 5 knots.
Coast Guard may require that the boom be tested to demonstrate that it 3.1.2 Oil recovery devices with an effective daily recovery capacity of
meets the criteria in Table 1 of this appendix. Testing must be in 50 barrels or greater available at the transfer site within 2 hours of the
accordance with certain American Society for Testing Materials (ASTM) detection of an oil discharge.
standards [ASTM F 715-81 (Reapproved 1986), Standard Methods of Testing 3.1.3 Oil storage capacity for recovered oily material indicated in section
Spill Control Barrier Membrane Materials, and ASTM F 989-86, Standard Test 9.2 of this appendix.
Methods for Spill Control Barrier Tension Members], or other tests approved
by the Coast Guard. 4. Determining Response Resources Required for
the Maximum Most Probable Discharge
2.5 A vessel owner or operator must refer to the applicable Area
Contingency Plan to determine if ice, debris, and weather-related visibility 4.1 A vessel owner or operator shall identify and ensure, by contract or
are significant factors in evaluating the Operability of equipment. The Area other approved means, that sufficient response resources are available to

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M.E.T. PUBLICATION 515 — 5TH EDITION
respond to discharges up to the maximum most probable discharge volume storage locations of all equipment that must be used to fulfill the
for that vessel. The resources should be capable of containing and requirements for each tier.
collecting up to 2,500 barrels of oil. All equipment identified must be 5.4 A vessel owner or operator shall identify the availability of
designed to operate in the applicable operating environment specified in temporary storage capacity to meet the requirements of section 9.2 of this
table 1 of this appendix. appendix. If available storage capacity is insufficient to meet this
4.2 To determine the maximum most probable discharge volume to be requirement, then the effective daily recovery capacity must be downgraded
used for planning, use the lesser of— to the limits of the available storage capacity.
4.2.1 2500 barrels; or 5.5 When selecting response resources necessary to meet the response
4.2.2 10 percent of the total oil cargo capacity. plan requirements, the vessel owner or operator must ensure that a portion
4.3 Oil recovery devices necessary to meet the applicable maximum most of those resources are capable of being used in close-to-shore response
probable discharge volume planning criteria must be located such that they activities in shallow water. The following percentages of the on-water
arrive on scene within 12 hours of the discovery of a discharge in higher response equipment identified for the applicable geographic area must be
volume port areas and the Great Lakes, 24 hours in all other rivers and capable of operating in waters of 6 feet or less depth:
canals, inland, nearshore, and offshore areas, and 24 hours plus travel time (i) Open ocean-none.
from shore in all open ocean areas. (ii) Offshore-10 percent
4.3.1 Because rapid control, containment, and removal of oil is critical (iii) Nearshore, inland. Great Lakes, and rivers and canals-20 percent
to reduce spill impact, the effective dally recovery capacity for oil recovery 5.6 In addition to oil spill recovery devices and temporary storage
devices must equal 50% of the planning volume applicable for the vessel capacity, a vessel owner or operator shall identify in the response plan and
as determined in section 4.2 of this appendix. The effective daily recovery ensure the availability of, through contract or other approved means,
capacity for oil recovery devices identified in the plan must be determined sufficient boom that can arrive on scene within the required response times
using the criteria in section 6 of this appendix. for oil containment and collection. The specific quantify of boom required
4.4 In addition to oil recovery capacity, the vessel owner or operator for collection and containment will depend on the specific recovery
must identify in the response plan and ensure the availability of, through equipment and strategies employed. Table 2 of this appendix lists the
contract or other approved means, sufficient boom available within the minimum quantities of additional boom required for shoreline protection
required response times for oil connection and containment, and for that a vessel owner or operator shall identify in the response plan and
protection of shoreline areas. While the regulation does not set required ensure the availability of, through contract or other approved means.
quantities of boom for oil collection and containment, the owner or 5.7 A vessel owner or operator shall also identify in the response plan
operator of a vessel must still identify in a response plan and ensure, and ensure, by contract or other approved means, the availability of an oil
through contract or other approved means, the availability of the boom spill removal organization capable of responding to a shoreline cleanup
identified in the plan for this purpose. operation involving the calculated volume of emulsified oil that might
4.5 The plan must indicate the availability of temporary storage capacity impact the affected shoreline. The volume of oil for which a vessel owner
to meet the requirements of section 9.2 of this appendix. If available storage or operator should plan should be calculated through the application of
capacity is insufficient to meet this requirement, the effective daily factors contained in Tables 3 and 4 of this appendix. The volume calculated
recovery capacity must be downgraded to the limits of the available storage from these tables is intended to assist the vessel owner or operator in
capacity. identifying a contractor with sufficient resources. This planning volume is
4.6 The following is an example of a maximum most probable discharge not used explicitly to determine a required amount of equipment and
volume planning calculation for equipment identification in a higher personnel.
volume port area:
The vessel's cargo capacity is 10,000 barrels, thus the planning volume
is 10 percent or 1,000 barrels. The effective daily recovery capacity must 6. Determining Effective Daily Recovery Capacity for Oil Recovery Devices
be 50 percent of the planning volume, for 500 barrels per day. The ability 6.1 Oil recovery devices identified by a vessel owner or operator must
of oil recovery devices to meet this capacity will be calculated using the be identified by manufacturer, model, and effective dally recovery capacity.
procedures in section 6 of this appendix. Temporary storage capacity These capacities must be to meet the applicable planning criteria for the
available on scene must equal twice the dally recovery capacity as indicated average most probable discharge; maximum most probable discharge; and
in section 9 of this appendix, or 1000 barrels per day. This figure would worst case discharge to the maximum extent practicable.
represent the information the vessel owner or operator would use to 6.2 For the purposes of determining the effective dally recovery capacity
identify and ensure the availability of, through contract or other approved of oil recovery devices, the following method will be used. This method
means, the required response resources. The vessel owner would also need considers potential limitations due to available daylight, weather, sea state,
to identify how much boom was available for use. and percentage of emulsified oil in the recovered material. The Coast
5. Determining Response Resources Required for Guard may assign a lower efficiency factor to equipment listed in a response
the Worst Case Discharge to the Maximum Extent Practicable plan if it determines that such a reduction is warranted.
6.2.1 The following formula must be used to calculate the effective daily
5.1 A vessel owner or operator shall identify and ensure, by contract or recovery capacity:
other approved means, that sufficient response resources are available to R=Tx24xE
respond to the worst case discharge of oil cargo to the maximum extent
practicable. Section 7 of this appendix describes the method to determine R-Effective daily recovery capacity
the required response resources. T-Throughput rate in barrels per hour (nameplate capacity)
5.2 Oil spill recovery devices identified to meet the applicable worst case E-20% efficiency factor (or lower factor as determined by the Coast Guard)
discharge planning volume must be located such that they can arrive at the 6.2.2 For those devices in which the pump limits the throughput of
scene of a discharge within the time specified for the applicable response liquid, throughput rate will be calculated using the pump capacity.
tier listed in §155.1050(g). 6.2.3 For belt or mop type devices, the throughput rate will be calculated
5.3 The effective daily recovery capacity for oil recovery devices using data provided by the manufacturer on the nameplate rated capacity
identified in a response plan must be determined using the criteria in for the device.
section 6 of this appendix. A vessel owner or operator shall identify the

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M.E.T. PUBLICATION 515 — 5TH EDITION
6.2.4 Vessel owners or operators including in the response plan oil capacity planning. This table divides the cargo volume into three categories:
recovery devices whose throughput is not measurable using a pump oil lost to the environment; oil deposited on the shoreline; and oil
capacity or belt or mop capacity may provide information to support an available for on-water recovery.
alternative method of calculation. This information must be submitted 7.2.2 The on-water oil recovery volume must be adjusted using the
following the procedures in section 6.5 of this appendix. appropriate emulsification factor found in Table 4 of this appendix.
6.3 As an alternative to section 6.2 of this appendix, a vessel owner or 7.2.3 The adjusted volume is multiplied by the on-water oil recovery
operator may submit adequate evidence that a different effective daily resource mobilization factor found in Table 5 of this appendix from the
recovery capacity should be applied for a specific oil recovery device. appropriate operating area and response tier to determine the total on-water
Adequate evidence is actual verified performance data in spill conditions oil recovery capacity in barrels per day that must be identified or contracted
or test using certain ASTM standards [ASTM F 631-80, (Reapproved 1985) for to arrive on scene within the applicable time for each response tier.
Standard Method for Testing Fill Scale Advancing Spill Removal Devices, and Three tiers are specified. For higher volume port areas, the contracted tiers
ASTM F 808-83 (1988). Standard Guide for Collecting Slammer Performance of resources must be located such that they can arrive on scene within 12,
Data in Uncontrolled Environments], or an equivalent test approved by the 36, and 60 hours of the discovery of an oil discharge. For the Great Lakes,
Coast Guard. these tiers are 18, 42, and 66 hours. For rivers and canals, inland,
6.3.1 The following formula must be used to calculate the effective daily nearshore, and offshore, these tiers are 24, 48, and 72 hours. For the open
recovery capacity under this alternative: ocean area, these tiers are 24, 48, and 72 hours with an additional travel
time allowance of 1 hour for every additional 5 nautical miles from shore.
R=DxU
7.2.4 The resulting on-water recovery capacity in barrels per day for
R-Effective dally recovery capacity
D-Average Oil Recovery Rate in barrels per hour (Item 26 in ASTM F each tier is used to identify response resources necessary to sustain
808; Item 13.1.15 in ASTM F 631; or actual performance data) operations in the applicable geographic area. The equipment must be
U-Hours per day that a vessel owner or operator can document capability capable of sustaining operations for the time period specified in Table 3 of
to operate equipment under spill conditions. Ten hours per day must be this appendix. A vessel owner or operator shall identify and ensure the
used unless a vessel owner or operator can demonstrate that the recovery availability of, through contract or other approved means, sufficient oil spill
operation can be sustained for longer periods. recovery devices to provide the effective daily oil recovery capacity
required. If the required capacity exceeds the applicable cap described in
6.4 A vessel owner or operator submitting a response plan shall provide Table 6 of this appendix, then a vessel owner or operator must contract
data that supports the effective daily recovery capacities for the oil recovery only for the quantify of resources required to meet the cap, but shall
devices listed. The following is an example of these calculations: identify sources of additional resources as indicated in §155.1050(o). The
A weir skimmer identified in a response plan has a manufacturer's rated owner or operator of a vessel whose planning volume exceeded the cap in
throughput at the pump of 267 gallons per minute (gpm). 1993 should plan for additional capacity to be under contract by 1998 or
267 gpm=381 barrels per hour 2003, as appropriate. For a vessel that carries multiple groups of oil, the
R=381x24x.2=l,829 barrels per day required effective dally recovery capacity for each group is calculated and
After testing using ASTM procedures, the skimmer's oil recovery rate summed before applying the cap.
is determined to be 220 gpm. The vessel owner or operator identifies 7.3 The following procedures must be used to calculate the planning
sufficient resources available to support operations 12 hours per day. volume for identifying shoreline cleanup capacity:
220 gpm=314 barrels per hour 73.1 The following must be determined: the total volume of oil cargo
R=314x12=3,768 barrels per day carried; the appropriate cargo group for the type of petroleum oil carried
[persistent (groups II, III, and IV) or non-persistent (group I)]; and the
A vessel owner or operator will be able to use the higher capacity if
geographic
sufficient temporary oil storage capacity is available.
area(s) in which the vessel operates. For a vessel carrying cargoes from
6.5 Determinations of alternative efficiency factors under section 62 or
different oil groups, each group must be calculated separately. Using this
alternative effective daily recovery capacities under section 63 of this
information. Table 3 of this appendix must be used to determine the
appendix will be made by Commandant (G-MOR), Coast Guard
percentages of the total cargo volume to be used for shoreline cleanup
Headquarters, 2100 Second Street SW., Washington, DC 20593. Oil spill
resource planning.
removal organizations or equipment manufacturers may submit required
7.3.2 The shoreline cleanup planning volume must be adjusted to reflect
information on behalf of multiple vessel owners or operators.
an emulsification factor using the same procedure as described in section
7.2.2 of this appendix.
7. Calculating the Worst Case Discharge Planning Volumes 7.3.3 The resulting volume will be used to identify an oil spill removal
organization with the appropriate shoreline cleanup capability.
7.1 A vessel owner or operator shall plan for a response to a vessel's 7.4 The following is an example of the procedure described above:
worst case discharge volume of oil cargo. The planning for on-water A vessel with a 100,000 barrel capacity for #6 oil (specific gravity .96)
recovery must take into account a loss of some oil to the environment due will move from a higher volume port area to another area. The vessel's
to evaporations and natural dissipation, potential increases in volume due route will be 70 miles from shore.
to emulsification, and the potential for deposit of some oil on the shoreline. Cargo carried: 100,000 bbls. Group IV oil Emulsification factor (from
7.2 The following procedures must be used to calculate the planning Table 4 of this appendix): 1.4 Areas transited: Inland, Nearshore, Offshore,
volume used by a vessel owner or operator for determining required on- Open ocean
water recovery capacity: Planned % on-water recovery (from Table 3 of this appendix):
7.2.1 The following must be determined: the total volume of oil cargo Inland 50%
carried; the appropriate cargo group for the type of petroleum oil carried Nearshore 50%
(persistent (groups II, III, and IV) or non-persistent (group I)]; and the Offshore 40%
geographic area(s) in which the vessel operates. For vessels carrying mixed Open ocean 20%
cargoes Planned % oil onshore recovery (from Table 3 of this appendix):
from different petroleum oil groups, each group must be calculated Inland 70%
Nearshore 70%
separately. This information is to be used with Table 3 of this appendix to
Offshore 30%
determine the percentages of the total cargo volume to be used for removal

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

33 CFR PART 155


PAGE 32
245
M.E.T. PUBLICATION 515 — 5TH EDITION
2.2.9 Familiarity with the Area Contingency Plans.
Appendix C to Part 155—Training Elements for 2.2.10 Familiarity with the organizational structures that will be used to
Oil Spill Response Plans. manage the response actions.
SOURCE: 61 FR 1052, January 12, 1996, unless otherwise noted. 2.2.11 Responsibilities and duties of the spill management team members
in accordance with designated job responsibilities.
1. General 2.2.12 Responsibilities and authority of the qualified individual as
described in the vessel response plan and company response organization.
2.2.13 Responsibilities of designated individuals to initiate a response
1.1 The portion of the plan dealing with training is one of the key and supervise shore-based response resources.
elements of a response plan. This concept is clearly expressed by the fact 2.2.14 Actions to take, in accordance with designated job responsibilities,
that Congress, in writing the Oil Pollution Act of 1990, specifically in the event of a transfer system leak, tank overflow, or suspected cargo
included training as one of the sections required in a vessel or facility tank or hull leak.
response plan. In reviewing submitted response plans, it has been noted that 2.2.15 Information on the cargoes handled by the vessel or facility,
the plans often do not provide sufficient information in the training section including familiarity with—
of the plan for either the user or the reviewer of the plan. In some cases, 2.2.15.1 Cargo material safety data sheets;
plans simply state that the crew and others will be training in their duties 2.2.15.2 Chemical characteristics of the cargo;
and responsibilities, with no other information being provided. In other 2.2.15.3 Special handling procedures for the cargo;
plans, information is simply given that required parties will receive the 2.2.15.4 Health and safety hazards associated with the cargo; and
necessary worker safety training (HAZWOPER). 2.2.15.5 Spill and firefighting procedures for the cargo.
1.2 The training section of the plan need not be a detailed course 2.2.16 Occupational Safety and Health Administration requirements for
syllabus, but it must contain sufficient information to allow the user and worker health and safety (29 CFR 1910.120).
reviewer (or evaluator) to have an understanding of those areas that are 3. Further Considerations
believed to be critical. Plans should identify key skill areas and the training
that is required to ensure that the individual identified will be capable of In drafting the training section of the response plan, some further
performing the duties prescribed to them. It should also describe how the considerations are noted below (these points are raised simply as a
training will be delivered to the various personnel. Further, this section of reminder):
the plan must work in harmony with those sections of the plan dealing with 3.1 The training program should focus on training provided to vessel
exercises, the spill management team, and the qualified individual. personnel.
1.3 The material in this appendix C is not all-inclusive and is provided 3.2 An organization is comprised of individuals, and a training program
for guidance only. should be structured to recognize this fact by ensuring that training is
2. Elements to be Addressed tailored to the needs of the individuals involved in the program.
3.3 An owner or operator may identify equivalent work experience which
2.1 To assist in the preparation of the training section of a vessel fulfills specific training requirements.
response plan, some of the key elements that should be addressed are 3.4 The training program should include participation in periodic
indicated in the following sections. Again, while it is not necessary that the announced and unannounced exercises. This participation should
comprehensive training program for the company be included in the approximate the actual roles and responsibilities of individuals as specified
response plan, it is necessary for the plan to convey the elements that in the response plan.
define the program as appropriate. 3.5 Training should be conducted periodically to reinforce the required
2.2 An effective spill response training program should consider and knowledge and to ensure an adequate degree of preparedness by individuals
address the following: with responsibilities under the vessel response plan.
2.2.1 Notification requirements and procedures. 3.6 Training may be delivered via a number of different means;
2.2.2 Communication system(s) used for the notifications. including classroom sessions, group discussions, video tapes, self study
2.2.3 Procedures to mitigate or prevent any discharge or a substantial workbooks, resident training courses, on-the-job training, or other means
threat of a discharge of oil resulting from— as deemed appropriate to ensure proper instruction.
2.2.3.1 Operational activities associated with internal or external cargo 3.7 New employees should complete the training program prior to being
transfers; assigned job responsibilities which require participation in emergency
2.2.3.2 Grounding or stranding; response situations.
2.2.3.3 Collision;
2.2.3.4 Explosion or fire; 4. Conclusion
2.2.3.5 Hull failure;
2.2.3.6 Excessive list; or The information in this appendix is only intended to assist response plan
2.2.3.7 Equipment failure. preparers in reviewing the content of and in modifying the training section
2.2.4 Procedures and arrangements for emergency towing. of their response plans. It may be more comprehensive than is needed for
2.2.5 When performing shipboard mitigation measures— some vessels and not comprehensive enough for others. The Coast Guard
2.2.5.1 Ship salvage procedures; expects that plan preparers have determined the training needs of their
2.2.5.2 Damage stability; and organizations created by the development of the response plans and the
2.2.5.3 Hull stress considerations. actions identified as necessary to increase the preparedness of the company
2.2.6 Procedures for transferring responsibility for direction of response and its personnel to respond to actual or threatened discharges of oil from
activities from vessel and facility personnel to the spill management team. their vessels.
2.2.7 Familiarity with the operational capabilities of the contracted oil
spill removal organizations and the procedures to notify and activate such
organizations.
2.2.8 Familiarity with the contracting and ordering procedures to acquire
oil spill removal organization resources.

PAGE 33
33 CFR PART 155
246
M.E.T. PUBLICATION 515 — 5TH EDITION

Table 1. – Response Resource Operating Criteria.


[Oil Recovery Devices]

Significant Wave Sea State


Height1
Operating Environment
(feet)

River & Canals.................................................................................................................................... ≤1 1


Inland.................................................................................................................................... ………. ≤3 2
Great Lakes ..................................................................................................................................…. ≤4 2-3
Ocean.................................................................................................................................... ………. ≤6 3-4

[Boom]
Use

Boom Property Rivers & Inland Great Lakes Ocean


Canals
Significant Wave1.2 Height (feet).................................................................... ≤1 ≤3 ≤4 ≤6
Sea State....................................................................................................... 1 2 2-3 3-4
Boom height - in. .......................................................................................... 6-18 18-42 18-42 ≥ 42
(draft plus freeboard)
Reserve Buoyancy to Weight Ratio —............................................................ 2:1 2:1 2:1 3:1 to 4:1
Total Tensile Strength—lbs. ............................................................................ 4.500 15-20.000 15-20.000 >20.000
Start Fabric Tensile Strength—lbs..................................................................... 200 300 300 500
Skirt Fabric Tear Strength-lbs. .......................................................................... 100 100 100 125

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.

TABLE 2. – SHORELINE PROTECTION REQUIREMENTS.

Boom Availability hours

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

PAGE 34 33 CFR PART 155


247
M.E.T. PUBLICATION 515 — 5TH EDITION

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

* Included in table for continuity: no planning required.

Table 3. Removal Capacity Planning Table


33 CFR PART 155 PAGE 35
248
M.E.T. PUBLICATION 515 — 5TH EDITION

TABLE 4.—EMULSIFICATION FACTORS FOR PETROLEUM OIL CARGO GROUPS

Non-persistent oil 72 G:

Group I .............................................................................................................................. 1.0


Persistent oil:
Group II .............................................................................................................................. 1.8
Group III .............................................................................................................................. 2.0
Group IV .............................................................................................................................. 1.4

TABLE 5.—ON-WATER OIL RECOVERY RESOURCE MOBILIZATION FACTORS

Area Tier 1 Tier 2 Tier 3


Rivers and Canals...................................................................................................... .30 .40 .60
Inland/Nearshore/Great Lakes.................................................................................... .15 .25 .40
Offshore ……………………………………………………………………………. .10 .165 .21
Ocean .....................................................................................................................… .06 .10 .12

Note: These mobilization factors are for total resources mobilized, not incremental resources.

TABLE 6.—RESPONSE CAPABILITY CAPS BY GEOGRAPHIC AREA


Tier 1 Tier 2 Tier 3
As at February 18, 1993
All except rivers a canals & Great Lakes ................................ 10K bbls/day ...............…. 20K bbls/day ................... 40K bbls/day….
Great Lakes ............................................................................... 5K bbls/day ...................... 10K bbls/day ................... 20K bbls/day….
Rivers & canals ...................................................................... 1.500 bbls/day ..........…… 3.000 bbls/day.............…. 6.000 bbls/day…
February 18, 1998: 12.5K bbls/day ..........…… 25K bbls/day...............…. 50K bbls/day…..
Great Lakes .............................................................................. 6.35K bbls/day .................. 12.3K bbls/day ................. 25K bbls/day…..
Rivers & canals ...................................................................... 1.875 bbls/day .........……. 3,750 bbls/day ............…. 7,500 bbls/day….
February 18, 2003 TBD ........................……. TBD...........................…… TBD…………….
Great Lakes ........................................................................... TBD .............................… TBD ..........................…… TBD…………….
Rivers & Canals .................................................................... TBD .............................… TBD ..........................…… TBD…………….

Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
K - Thousand
bbls - Barrels
TBD - To be determined

PAGE 36 33 CFR PART 155


249
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
CODE OF FEDERAL REGULATIONS 156.105 Definitions.
Except as specifically stated in a section, the definitions in §154.105 of
PART 156 - OIL AND HAZARDOUS this chapter apply to this subpart.
MATERIAL TRANSFER OPERATIONS [CGD 90-071a, 59 FR 53291, Oct. 21, 1994]

[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

PAGE 2 33 CFR PART 156


251
M.E.T. PUBLICATION 515 — 5TH EDITION
(k) Each connection meets §156.130; lighting is provided as described in §155.790 of this chapter.
(1) Any monitoring devices required by §154.525 of this chapter are (aa) A transfer operation which includes collection of vapor emitted from
installed and operating properly; a vessel's cargo tanks through a venting system not located on the vessel
(m) The discharge containment equipment required by §154.545 of this must have the following verified by the person in charge:
chapter is readily accessible or deployed as applicable; (1) Each manual valve in the vapor collection system is correctly
(n) The discharge containment required by §§154.530, 155.310, and positioned to allow the collection of cargo vapor;
155.320 of this chapter, as applicable, is in place and periodically drained (2) A vapor collection hose or arm is connected to the vessel's vapor
to provide the required capacity; connection;
(o) Each drain and scupper is closed by the mechanical means required (3) The electrical insulating device required by §154.810(g) of this
by §155.310; chapter or 46 CFR 39.40-3(c) is fitted between the facility vapor connection
(p) All connections in the transfer system are leak free except that a and the vessel vapor connection;
component in the transfer system, such as the packing glands of a pump, (4) The initial loading rate and the maximum transfer rate are determined;
may leak at a rate that does not exceed the capacity of the discharge (5) The maximum and minimum operating pressures at the facility vapor
containment provided during the transfer operation; connection are determined;
(q) The communications required by §§154.560 and 155.785 of this (6) The tank barge overfill control system, if installed, is connected to
chapter are operable for the transfer operation; the facility, tested, and operating properly;
(r) The emergency means of shutdown required by §§154.550 and (7) The following have been performed not more than 24 hours prior to
155.780 of this chapter, as applicable, is in position and operable; the start of the transfer operation:
(s) There is a person in charge on the transferring vessel or facility and (i) Each alarm and automatic shutdown system required by subpart E of
the receiving vessel or facility except as otherwise authorized under part 154 of this chapter and 46 CFR part 39 has been tested and found to
§156.115; be operating properly, and
(t) Each person in charge required by paragraph (s) of this section: (ii) Analyzers required by §154.820(a), §154.824 (d) and (e) of this
(1) Is at the site of the transfer operation and immediately available to chapter or 46 CFR 39.40-3(a) have been checked for calibration by use of
the transfer personnel; a span gas;
(2) Has in his or her possession a copy of the facility operations manual (8) Each vapor recovery hose has no unrepaired loose covers, kinks,
or vessel transfer procedures, as appropriate; and bulges, soft spots, or any other defect which would permit the discharge of
(3) Conducts the transfer operation in accordance with the facility vapor through the hose material, and no external gouges, cuts, or slashes
operations manual or vessel transfer procedures, as appropriate; that penetrate the first layer of hose reinforcement; and
(u) The personnel required, under the facility operations manual and the (9) The oxygen content of the vessel's cargo tanks, if inerted, is at or
vessel transfer procedures, to conduct the transfer operation: below 8 percent by volume.
(1) Are on duty; and (bb) If the transfer operation involves loading oil, as defined in §151.05
(2) Conduct the transfer operation in accordance with the facility of this chapter, into a cargo tank, the overfill device required by §155.480
operations manual or vessel transfer procedures, as appropriate; of this chapter is installed and operating properly.
(v) At least one person is at the site of the transfer operation who (cc) Smoking is not permitted in the facilities marine transfer area except
fluently speaks the language or languages spoken by both persons in in designated smoking areas.
charge; (dd) Welding, hot work operations and smoking are prohibited on vessels
(w) The person in charge of transfer operations on the transferring vessel during the transfer of flammable or combustible materials, except that
or facility and the person in charge of transfer operations on the receiving smoking may be permitted in accommodation areas designated by the
vessel or facility have held a conference, to ensure that each person in master.
charge understands the following details of the transfer operation: (Approved by the Office of Management and Budget under control
(1) The identify of the product to be transferred; number 2115-0506)
(2) The sequence of transfer operations; [CGD 75-124 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-102, 55 FR
(3) The transfer rate;
25448, June 21, 1990; CGD 86-034; 55 FR 36255, Sept 4, 1990; CGD 90-071a, 59
(4) The name or title and location of each person participating in the
transfer operation; FR 53291, Oct. 21, 1994; 61 FR 41452, Aug. 08, 1996]
(5) Details of the transferring and receiving systems including procedures
to ensure that the transfer pressure does not exceed the maximum allowable 156.125 Discharge cleanup.
working pressure (MAWP) for each hose assembly, loading arm and/or (a) Each person conducting the transfer operation shall stop the transfer
transfer pipe system; operation whenever oil or hazardous material from any source is
(6) Critical stages of the transfer operation; discharged:
(7) Federal, state, and local rules that apply to the transfer of oil or (1) In the transfer operation work area; or
hazardous material; (2) Into the water or upon the adjoining shoreline in the transfer area.
(8) Emergency procedures; (b) Except as permitted under paragraph (c) of this section, no person
(9) Discharge containment procedures; may resume the transfer operation after it has been stopped under
(10) Discharge reporting procedures; paragraph (a) of this section, unless:
(11) Watch or shift arrangement; (1) Oil or hazardous material discharged in the transfer operation work
(12) Transfer shutdown procedures;
area is cleaned up; and
(x) The person in charge of transfer operations on the transferring vessel
(2) Oil or hazardous material discharged into the water or upon the
or facility and the person in charge of transfer operations on the receiving
adjoining shoreline is cleaned up, or is contained and being cleaned up.
vessel or facility agree to begin the transfer operation;
(c) The COTP may authorize resuming the transfer operation if it is
(y) Between sunset and sunrise the lighting required by §§154.570 and
deemed appropriate.
155.790 of this chapter is provided; and
[CGD 75-124, 45 FR 7177, Jan. 31, 1960, as amended by CGD 86-034, 55 FR
(z) For transfer operations between tank barges from sunset to sunrise,
36255, Sept. 4, 1990]

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M.E.T. PUBLICATION 515 — 5TH EDITION
156.130 Connection.
(a) Each person who makes a connection for transfer operations shall: 156.160 Supervision by person in charge.
(1) Use suitable material in joints and couplings to ensure a leak-free (a) No person may connect or disconnect a hose, top off a tank, or
seal; engage in any other critical procedures during the transfer operation unless
(2) Use a bolt in at least every other hole, and in no case less than four the person in charge, required by §156.120(s), supervises that procedure.
bolts, in each temporary bolted connection that uses a flange that meets (b) No person may start the flow of oil or hazardous material to or from
American National Standards Institute (ANSI) standard flange requirements a vessel unless instructed to do so by either person in charge.
under §154.500(d)(2) of this chapter; (c) No person may transfer oil or hazardous material to or from a vessel
(3) Use a bolt in each hole in each temporary bolted connection that uses unless each person in charge is in the immediate vicinity and immediately
a flange other than one that meets ANSI standards; available to the transfer personnel.
(4) Use a bolt in each hole of each permanently connected flange; [CGD 75-124 45- FR 7177, Jan. 31. 1980, as amended by CGD 86-034, 55 FR
(5) Use bolts of the correct size in each bolted connection; and
36258, Sept. 4, 1990]
(6) Tighten each bolt and nut uniformly to distribute the load and
sufficiently to ensure a leak free seal.
(b) A person who makes a connection for transfer operations must not 156.170 Equipment tests and inspections.
use any bolt that shows signs of strain or is elongated or deteriorated. (a) Except as provided in paragraph (d) of this section, no person may
(c) Except as provided in paragraph (d) of this section, no person may use any equipment listed in paragraph (c) of this section for transfer
use a connection for transfer operations unless it is: operations unless the vessel or facility operator, as appropriate, tests and
(1) A bolted or full threaded connection; or inspects the equipment in accordance with paragraphs (b), (c) and (f) of this
(2) A quick-connect coupling acceptable to the Commandant section and the equipment is in the condition specified in paragraph (c) of
(d) No person may transfer oil or hazardous material to a vessel that has this section.
a fill pipe for which containment cannot practically be provided unless an (b) During any test or inspection required by this section, the entire
automatic back pressure shutoff nozzle is used. external surface of the hose must be accessible.
[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR (c) For the purpose of paragraph (a) of this section:
36258, Sept. 4, 1990] (1) Each nonmetallic transfer hose must:
(i) Have no unrepaired loose covers, kinks, bulges, soft spots or any
other defect which would permit the discharge of oil or hazardous material
156.150 Declaration of inspection.
through the hose material, and no gouges, cuts or slashes that penetrate the
(a) No person may transfer oil or hazardous material to or from a vessel
first layer of hose reinforcement as defined in §156.120(1).
unless each person in charge, designated under §§154.710 and 155.700 of
(ii) Have no external deterioration and, to the extent internal inspection
this chapter, has filled out and signed the declaration of inspection form
is possible with both ends of the hose open, no internal deterioration;
described in paragraph (c) of this section.
(iii) Not burst, bulge, leak, or abnormally distort under static liquid
(b) No person in charge may sign the declaration of inspection unless he
pressure at least 1 ½ times the maximum allowable working pressure; and
or she has determined by inspection, and indicated by initialing in the
(iv) Hoses not meeting the requirements of paragraph (c)(1)(i) of this
appropriate space on the declaration of inspection form, that the facility or
section may be acceptable after a static liquid pressure test is successfully
vessel, as appropriate, meets §156.120.
completed in the presence of the COTP. The test medium is not required
(c) The declaration of inspection may be in any form but must contain
at least: to be water.
(1) The name or other identification of the transferring vessel or facility (2) Each transfer system relief valve must open at or below the pressure
and the receiving vessel or facility; at which it is set to open;
(2) The address of the facility or location of the transfer operation if not (3) Each pressure gauge must show pressure within 10 percent of the
at a facility; actual pressure;
(3) The date and time the transfer operation is started; (4) Each loading arm and each transfer pipe system, including each
(4) A list of the requirements in §156.120 with spaces on the form metallic hose, must not leak under static liquid pressure at least 11/2 times
following each requirement for the person in charge of the vessel or facility the maximum allowable working pressure; and
to indicate by initialing that the requirement is met for the transfer (5) Each hem of remote operating or indicating equipment, such as a
operation; and remotely operated valve, tank level alarm, or emergency shutdown device,
(5) A space for the date, time of signing, signature, and title of each must perform its intended function.
person in charge during transfer operations on the transferring vessel or (d) No person may use any hose in underwater service for transfer
facility and a space for the date, time of signing, signature, and title of each operations unless the operator of the vessel or facility has tested and
person in charge during transfer operations on the receiving facility or inspected it in accordance with paragraph (c)(1) or (c)(4) of this section, as
vessel certifying that all tests and inspections have been completed and that applicable.
they are both ready to begin transferring product; and (e) The test fluid used for the testing required by this section is limited
(6) The date and time the transfer operation is completed. to liquids that are compatible with the hose tube as recommended by the
(d) The form for the declaration of inspection may incorporate the hose manufacturer.
declaration-of-inspection requirements under 46 CFR 35.35-30. (f) The frequency of the tests and inspections required by this section
(e) The vessel and facility persons in charge shall each have a signed must be:
copy of the declaration of inspection available for inspection by the COTP (1) For facilities, annually or not less than 30 days prior to the first
during the transfer operation. transfer conducted past one year from the date of the last tests and
(f) The operators of each vessel and facility engaged in the transfer inspections;
operation shall retain a signed copy of the declaration of inspection on (2) For a facility in caretaker status, not less than 30 days prior to the
board the vessel or at the facility for at least 1 month from the date of first transfer after the facility is removed from caretaker status; and
signature. (3) For vessels, annually or as part of the biennial and mid-period
[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034; 55 FR inspections.
36258, Sept. 4, 1990; 61 FR 41452, Aug. 08, 1996] (g) If a facility or vessel collects vapor emitted from a vessel cargo tank
with a vapor control system, the system must not be used unless

33 CFR PART 156


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253
M.E.T. PUBLICATION 515 — 5TH EDITION
the following tests and inspections are satisfactorily completed: of that cargo to another vessel for further transport to a port or place subject
(1) Each vapor hose, vapor collection arm, pressure or vacuum relief to the jurisdiction of the United States. The term "vessel to be lightered"
valve, and pressure sensor is tested and inspected in accordance with does not include drilling rigs, or offshore supply vessels transferring cargo
paragraphs (b), (c), and (f) of this section; intended for use as file! or lubricant aboard the receiving vessel.
(2) Each remote operating or indicating device is tested for proper Work includes any administrative duties associated with the vessel
operation in accordance with paragraph (f) of this section; whether performed on board the vessel or onshore.
(3) Each detonation arrester required by §154.820, §154.826(a), and [CGD 78160, 49 FR 11172, Mar. 26, 1984: as amended by CGD 86-034 55 FR
§154.828(a) of this chapter or 46 CFR 39.40-3(d), and each flame arrester 38,256, Sept 4, 1990; CGD 90-052, 58 FR 48436, Sept. 15 1993; 60 FR 45006,
required by §154.826(a), §154.828 (a) and (c) of this chapter has been Aug. 29, 1995]
inspected internally within the last year, or sooner if operational experience
has shown that frequent clogging or rapid deterioration is likely; and 156.210 General.
(4) Each hydrocarbon and oxygen analyzer required by §154.820(a) and (a) No vessel may transfer oil or hazardous materials in a port or place
§154.824 (d) and (e) of this chapter or 46 CFR 39.40-3(a) is calibrated: subject to the jurisdiction of the United States, if the cargo has been
(i) Within the previous two weeks, or lightered from another vessel, unless:
(ii) Within 24 hours prior to operation when the vapor control system is (1) The regulations in this subpart have been complied with;
operated less frequently than once a week. (2) Both the vessel to be lightered and service vessel have, on board, at
(h) Upon the request of the owner or operator, the COTP may approve the time of transfer, a valid Certificate of Inspection, Certificate of
alternative methods of compliance to the testing requirements of paragraph Compliance, or a Tank Vessel Examination Letter, as would have been
(c) of this section if the COTP determines that the alternative methods required under 46 U.S.C. 3710 or 3711, had the transfer taken place in a
provide an equal level of protection. port or place subject to the jurisdiction of the United States; and
(Approved by the Office of Management and Budget under control (3) The delivering and receiving vessels have on board at the time of
number 2115-0096) transfer, evidence that each vessel is operating in compliance with section
[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 31 (j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) and
25445, June 21, 1990; CGD 86-034, 55 FR 36256, Sept. 4 1990; 61 FR 41452, applicable regulations issued under the authority of section 311 (j) in the
Aug. 08, 1996] form of a Declaration of Inspection as required by §156.150 and a vessel
response plan if required under part 155 of this chapter.
Subpart B—Special Requirements for Lightering of Note: Under 46 U.S.C. 3715, the delivering and receiving vessels must
Oil and Hazardous Material Cargoes have on board at the time of transfer, a Certificate of Financial
SOURCE: CGD 78-180,49 FR 11172, Mar. 26,1984, unless otherwise Responsibility that would be required if the transfer had taken place in a
noted. location subject to the jurisdiction of the U.S. Regulations concerning
Certificates of Financial Responsibility for vessels using the navigable
waters of the U.S. are in part 130 of this chapter.
156.200 Applicability.
(4) The vessel to be lightered has on board, at the time of transfer, an
This subpart applies to each vessel to be lightered and each service vessel
International Oil Pollution Prevention (IOPP) Certificate or equivalent
engaged in a lightering operation in the marine environment beyond the
documentation of compliance with Annex I of the International Convention
baseline from which the territorial sea is measured when the oil or
for the Prevention of Pollution from Ships, 1973, as modified by the
hazardous material lightered is destined for a port or place subject to the
Protocol of 1978 relating thereto (MARPOL 73/78), as would be required
jurisdiction of the U.S. This subpart does not apply to lightering operations
by Part 151 of this chapter for vessels in navigable waters of the United
involving public vessels, or to the dedicated response vessels and vessels of
States. The IOPP Certificate or documentation of compliance shall be that
opportunity in accordance with the National Contingency Plan (40 CFR
prescribed by §§151.19 and 151.21 of this chapter, and shall be effective
parts 9 and 300) when conducting response activities. These rules are in
under the same timetable as specified in §151.19.
addition to the rules of subpart A of this part, as well as the rules in the
(b) Lightering operations involving hazardous materials, other than oil,
applicable sections of parts 151, 153, 155, 156, and 157 of this chapter.
may be conducted only with the specific approval of the Commandant A
[CGD 90-052, 58 FR 48436, Sept. 15, 1993; 60 FR 45006, Aug. 23, 1995]
request to lighter hazardous materials, other than oil, must be submitted to
Commandant (G-M) prior to the planned beginning of lightering operations.
156.205 Definitions. The request must include the information described in §156.215(a) to the
(a) In addition to the terms defined in this section, the definitions in extent known, for the initial transfer, and the estimated frequency of
§154.105 of this chapter apply to this subpart and to subpart C. subsequent lightering operations. After the entry into force of Annex II to
(b) As used in this subpart and subpart C: MARPOL 73/78, vessels lightering hazardous materials shall carry an
Lightering or Lightering operation means the transfer of a cargo of oil or International Pollution Prevention Certificate for the Carriage of Noxious
a hazardous material in bulk from one vessel to another, including all Liquid Substances in Bulk (1973), if required by Annex II to MARPOL
phases of the operation from the beginning of the mooring operation to the 73/78, or equivalent documentation of compliance with the annex.
departure of the service vessel from the vessel to be lightered, except when (c) In an emergency, the COTP, upon request, may authorize a deviation
that cargo is intended only for use as fuel or lubricant aboard the receiving from any rule in this part if the COTP determines that its application will
vessel. endanger persons, property, or the environment
Marine environment means— (d) On vessels conducting lightering operations in a designated lightering
(1) The navigable waters of the United States;
zone, a licensed individual or seaman may not work, except in an
(2) The waters of an area over which the United States asserts exclusive
emergency or a drill, more than 15 hours in any 24-hour period, or more
fishery management authority; and
than 36 hours in any 72-hour period, including the 24-hour and 72-hour
(3) The waters super-adjacent to the Outer Continental Shelf of the
periods prior to commencing lightering operations.
United States.
[CGD 78-180, 49 FR 11172, Mar. 29, 1994; as amended by CGD 88-052, 53 FR
Service vessel means the vessel which receives a cargo of oil or a
25122, July I, 1388: CGD 90-052, 58 FR 48436, Sept. 15, 1993; BO FR 4580,8,
hazardous material from another vessel in a lightering operation.
Aug. 29, 1995]
Vessel to be lightered means the vessel which transports a cargo of oil or
a hazardous material to a place within the marine environment for transfer

33 CFR PART 156


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254
M.E.T. PUBLICATION 515 — 5TH EDITION
156.215 Pre-arrival notices. (e) The depth of water and underwater obstructions that may adversely
(a) The master, owner or agent of each vessel to be lightered must give impact anchorages and clearance of vessels;
at least 24 hours advance notice to the Captain of the Port nearest the (f) Other relevant safety, environmental, or economic data.
lightering location or zone, prior to arrival in the lightering location or
zone. This advance notice must include:
Subpart C—Lightering Zones and Operational
(1) The vessel's name, call sign or official number, and registry: Requirements for the Gulf of Mexico
(2) The cargo type (if oil) or shipping name (if hazardous material) and SOURCE: 60 FR 45006, August 29, 1995, unless otherwise noted.
approximate amount on board;
(3) The number of transfers expected and the amount of cargo expected 156.300 Designated lightering zones.
to be transferred during each transfer; The following lightering zones are designated in the Gulf of Mexico and
(4) The lightering location or zone to be used; are more than 60 miles from the baseline from which the territorial sea is
(5) The estimated time of arrival in the lightering location or zone; measured:
(6) The estimated duration of transfer operations; and (a) Southtex-lightering zone. This lightering zone and the geographic area
(7) The name and destination of service vessel(s). for this zone are coterminous and consist of the waters bounded by a line
(b) In the event the estimated time of arrival in the lightering location or connecting the following points beginning at:
zone changes by more than six hours, the Master, owner or agent of each
vessel to be lightered must advise the Captain of the Port of this change as Latitude N. Longitude W.
soon as possible. 27°40'00". 93°00'00", thence to
(c) Where lightering is conducted as a result of collision, grounding, tank 27°40'00". 94°35'00", thence to
rupture or any similar emergency, immediate notice must be given to the 28°06'30". 94°35'00", thence to
Captain of the Port. 27°21'00". 96°00'00", thence to
(d) In addition to the other requirements in this section, the master, 26°30'00". 96°00'00", thence to
owner, or agent of a vessel that requires a Tank Vessel Examination (TVE) 26°30'00". 93°00'00", and thence to the point of beginning.
or other special Coast Guard inspection in order to lighter in a designated
lightering zone must request the TVE or other inspection from the
cognizant Captain of the Port at least 72 hours prior to commencement of (b) Gulfmex No. 2-lightering zone. This lightering zone and the
lightering operations. geographic area for this zone are coterminous and consist of the waters
[CGD 78-180, 49 FR 11172, Mar. 28, 1984; as amended by CGD 90-052, 58 FR bounded by a line connecting the following points beginning at:
48437, Sept. 15, 1993; 60 FR 45006, Aug. 29, 1995]
Latitude N. Longitude W.
27°53'00". 89°00'00", thence to
156.220 Reporting of incidents. 27°53'00". 91°30'00", thence to
(a) An immediate report must be made to the nearest Captain of the Port, 26°30'00". 91°30'00", thence to
by the service vessel, if fire, explosion, collision, grounding or any similar 26°30'00". 89°00'00", and thence to the point of beginning.
emergency, which poses a threat to the vessels involved, occurs during
lightering.
(b) Any discharge of oil or hazardous material into the water shall be (NAD 83)
reported, by the service vessel, in accordance with the procedures specified (c) Offshore Pascagoula No. 2-lightering zone. This lightering zone and
in §151.15 of this chapter. the geographic area for this zone are coterminous and consist of the waters
bounded by a line connecting the following points beginning at
156.225 Designation of lightering zones.
The District Commander is delegated the authority to designate lightering Latitude N. Longitude W.
zones and their operating requirements, where they are necessary for safety 29°20'00". 87°00'00", thence to
29°12'00". 87°45'00", thence to
or environmental protection. When a lightering zone has been designated,
28°39'00". 88°00'00", thence to
lightering operations in a given geographic area may only be conducted
28°00'00". 88°00'00", thence to
within the designated lightering zone.
28°00'00". 87°00'00", and thence to the point of beginning.

156.230 Factors considered in designating lightering zones.


The following factors are considered in designating a lightering (NAD 83)
zone: (d) South Sabine Point-lightering zone. This lightering zone and the
(a) The findings of the environmental analysis or, if prepared, the geographic area for this zone are coterminous and consist of the waters
Environmental Impact Statement; bounded by a line connecting the following points beginning at:
(b) The proximity of the zone to:
(1) Shipping lanes; Latitude N. Longitude W.
(2) Vessel traffic schemes or vessel separation systems; 28°30'00". 92°38'00", thence to
(3) Anchorages; 28°44'00". 93°24'00", thence to
(4) Fixed structures; 28°33'30". 94°00'00", thence to
(5) Designated marine sanctuaries; 28°18'00". 94°00'00", thence to
(6) Commercial and recreational fishing areas; 28°18'00". 92°38'00", and thence to the point of beginning.
(7) Environmentally sensitive areas; and
(8) Designated unite of the National Park System, National Wild and
Scenic Rivers System, National Wilderness Preservation System, properties (NAD 83)
included on the National Register of Historic Places and National Registry 156.310 Prohibited areas.
of Natural Landmarks, and National Wildlife Refuge System. Lightering operations are prohibited within the following areas in the
(c) The traditional use of areas for lightering operations; Gulf of Mexico:
(d) The normal weather and sea conditions in the areas, and their effect (a) Claypile-prohibited area. This prohibited area consists of the waters
on lightering operations, and the fate of possible cargo discharges; bounded by a line connecting the following points beginning at:

PAGE 6 33 CFR PART 156


255
M.E.T. PUBLICATION 515 — 5TH EDITION
or the respective persons-in-charge of the transfer, or an equipment
Latitude N. Longitude W. failure affecting the vessel's cargo handling capability or ship's
28°15'00". 94°35'00", thence to maneuverability, the affected vessel shall suspend lightering activities and
27°40'00". 94°35'00", thence to shall sound at least five short, rapid blasts on the vessel's whistle.
27°40'30". 94°00'00", thence to Lightering activities shall remain suspended until corrective action has
28°33'00". 94°00'00", and thence to the point of beginning. been completed.
(f) No vessel involved in a lightering operation may open its cargo
(NAD 83) system until the servicing vessel is securely moored alongside the vessel to
(b) Flower Garden-prohibited area. This prohibited area consists of the be lightered.
waters bounded by a line connecting the following points beginning at: (g) If any vessel not involved in the lightering operation or support
Latitude N. Longitude W. activities approaches within 100 meters of vessels engaged in lightering,
27°40'00", 94°00'00", thence to the vessel engaged in lightering shall warn the approaching vessel by
28°18'00", 94°00'00", thence to sounding a loud hailer, ship's whistle, or any other appropriate means.
28°18'00", 92°38'00", thence to (h) Only a lightering tender, a supply boat, or a crew boat, equipped
28°30'00", 92°38'00", thence to with a spark arrestor on its exhaust, or a tank vessel providing bunkers,
28°15'00", 91°30'00", thence to may moor alongside a vessel engaged in lightering operations.
27°40'00", 91°30'00", and thence to the point of beginning. (i) Lightering operations shall not be conducted within 1 nautical mile
of offshore structures or mobile offshore drilling units.
(j) No vessel engaged in lightering activities may anchor over charted
(NAD 83) pipelines, artificial reefs, or historical resources.
(c) Ewing-prohibited area. This prohibited area consists of the waters (k) All vessels engaged in lightering activities shall be able to
bounded by a line connecting the following points beginning at immediately maneuver at all times while inside a designated lightering
Latitude N. Longitude W. zone. The main propulsion system must not be disabled at any time.
27°53'00", 91°30'00", thence to (I) In preparing to moor alongside the vessel to be lightered, a service
28°15'00", 91°30'00", thence to vessel shall not approach the vessel to be lightered closer than 1000 meters
28°15'00", 90°10'00", thence to unless the service vessel is positioned broad on the quarter of the vessel to
27°53'00". 90°10'00", and thence to the point of beginning. be lightered. The service vessel must transition to a nearly parallel heading
(NAD 83) prior to closing to within 50 meters of the vessel to be lightered.

156.320 Maximum operating conditions.


Unless otherwise specified, the maximum operating conditions in this
section apply to tank vessels operating within the lightering zones designated
in this subpart
(a) A tank vessel shall not attempt to moor alongside another vessel
when either of the following conditions exist
(1) The wind velocity is 56 km/hr (30 knots) or more; or
(2) The wave height is 3 meters (10 feet) or more.
(b) Cargo transfer operations shall cease and transfer hoses shall be
drained when:
(1) The wind velocity exceeds 82 km/hr (44 knots); or
(2) Wave heights exceed 5 meters (16 feet).

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

33 CFR PART 156 PAGE 7


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M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 157.29 Discharges: Seagoing tank vessels of 150 gross tons or more.
157.31 Discharges: Chemical additives.
CODE OF FEDERAL REGULATIONS
PART 157 - RULES FOR THE 157.33 Water ballast in oil fuel tanks.
157.35 Ballast added to cargo tanks.
PROTECTION OF THE
157.37 Discharge of cargo residue
MARINE ENVIRONMENT RELATING TO 157.39 Machinery space bilges.
TANK VESSELS CARRYING 157.41 Emergencies.
OIL IN BULK 157.43 Discharges of clean and segregated ballast: Seagoing tank vessels
of 150 gross tons or more.
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." 157.45 Valves in cargo or ballast piping system.
However, we reprinted only those subparts and sections of concern to foreign 157.47 information for master.
vessels. If you need additional information listed in this Table of Contents that does 157.49 instruction manual.
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] Subpart D—Crude OH Washing (COW) System on Tank Vessels

TABLE OF CONTENTS General


157.100 Plans for U.S. tank vessels: Submission.
Subpart A—General 157.102 Plans for foreign tank vessels: Submission.
157.01 Applicability. 157.104 Scale models
157.02 Incorportion by reference. 157.106 Letter of acceptance.
157.03 Definitions. 157.108 Crude Oil Washing Operations and Equipment Manual for U.S.
157.04 Authorization of classification societies tank vessels: Submission.
157.05 Performing calculations for this part. 157.110 Crude Oil Washing Operations and Equipment Manual for
157.06 Appeals. tank vessels: Submission.
157.07 Equivalents. 157.112 Approved Crude Oil Washing Operations and Equipment
157.114 Crude Oil Washing Operations and Equipment Manual: Not
Subpart B—Design, Equipment, and Installation approved
157.08 Applicability of Subpart B. 157.116 Required documents: U.S tank vessels.
157.09 Segregated ballast 157.118 Required documents: Foreign tank vessels.
157.10 Segregated ballast tanks and crude oil washing systems for 157.120 Waiver of required documents.
certain new vessels.
157.10a Segregated ballast tanks, crude oil washing systems, and Design, and Equipment, and Installation
dedicated clean ballast tanks for certain new and existing 157.122 Piping, valves, and fittings.
vessels of 40,000DWT or more. 157.124 COW tank washing machines.
157.126 Pumps
157.10b Segregated ballast tanks, dedicated clean ballast tanks, and
157.128 Stripping system.
special ballast arrangements for tank vessels transporting Outer 157.130 Crude oil washing with more than one grade of crude oil.
Continental Shelf oil. 157.132 Cargo tanks: Hydrocarbon vapor emissions.
157.10c Segregated ballast tanks, crude oil washing systems, and 157.134 Cargo tank drainage.
157.136 Two-way voice communications.
dedicated clean ballast tanks for certain new and existing
157.138 Crude Oil Washing Operations and Equipment Manual.
tankships of 20,000 to 40,000 DWT.
157.10d Double hulls on tank vessels Inspections
157.11 Pumping, piping and discharge arrangements. 157.140 Tank vessel inspections.
157.12 Cargo monitor and control system. 157.142 Letter of acceptance: Inspections.
157.13 Designated observation area. 157.144 Tank vessels of the same class: Inspections.
157.15 Slop tanks in tank vessels. 157.146 Similar tank design. Inspections on U.S. tank vessels
157.17 Oily residue tank. 157.147 Similar tank design. Inspections on foreign tank vessels.
157.19 Cargo tank arrangement and size. 157.148 COW system: Evidence for inspections.
157.21 Subdivision and stability 157.150 Crude Oil Washing Operations and Equipment Manual:
157.23 Cargo and ballast system information. information after inspections.
157.24 Submission of calculations, plans, and specifications.
157.24a Submission of calculations, plans, and specifications for Personnel
existing vessels installing segregated ballast tanks.
157.152 Person in charge of COW operations.
Subpart C—Vessel Operation 157.154 Assistant personnel
157.25 Applicability of subpart C
COW Operations
157.26 Operation of a tank vessel in violation of regulations
157.27 157.155 COW operations: General.
Discharges: Tank vessels carrying oil exclusively on rivers,
157.156 COW operations: Meeting manual requirements.
lakes, bays, sounds, and the Great Lakes, and seagoing tank 157.158 COW operations: Changed characteristics.
less than 150 gross tons.
157.28 Discharges from tank barges exempted from certain design
requirements.

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M.E.T. PUBLICATION 515 — 5TH EDITION
157.160 Tanks: Ballasting and crude oil washing. Subpart I—Structural and Operational Measures for Certain Tank
157.162 Crude oil washing during a voyage. Vessels Without Double Hulls Carrying Other Non-Petroleum Oil
157.164 Use of inert gas system.
157.600 Purpose and applicability.
157.166 Hydrocarbon emissions.
157.168 Crew member: Main deck watch. 157.610 Operational measures.
157.170 COW equipment Removal. APP. A Damage Assumptions, Hypothetical Outflows, and Cargo Tank
157.172 Limitations on grades of crude oil carried. Size and Arrangements
APP. B Subdivision and Stability Assumptions
Subpart E—Dedicated Clean Ballast Tanks on Tank Vessels APP. C Procedure for Determining Distribution of Segregated Ballast
Tanks To Provide Protection Against Oil Outflow in the Event
General Grounding, Ramming, or Collision
157.200 Plans for U.S. tank vessels: Submission. APP. D Example of a Procedure for Dedicated Clean Ballast Tanks
157.202 Plans and documents for foreign tank vessels: Submission. Operations
157.204 Letter of acceptance. APP. E Specifications for the Design, Installation and Operation of a
157.206 Dedicated Clean Ballast Tanks Operations Manual for U.S. tank Flow System for Control of Overboard Discharges
vessels: Submission. APP. F Guidelines and Specifications for Oil Discharge Monitoring and
157.208 Dedicated Clean Ballast Tanks Operations Manual for foreign Control Systems for Tankers
vessels: Submission. APP. G Timetables for Application of Double Hull Requirements
157.210 Approved Dedicated Clean Ballast Tanks Operations Manual.
157.212 Dedicated Clean Ballast Tanks Operations Manual: Not AUTHORITY: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR
157.214 Required documents: U.S. tank vessels. 1.46. Subparts G, H, and I are also issued under section 4115(b), Pub. L.
157.216 Required documents: Foreign tank vessels. 101-380, 104 Stat. 520; Pub. L. 104-55, 109 Stat. 546.
157.218 Dedicated clean ballast tanks: Alterations. SOURCE: CGD 74-32, 40 FR 48283, Oct. 14, 1975, unless otherwise
noted.
Design and Equipment
157.220 Dedicated clean ballast tanks: Standards.
157.222 Pump and piping arrangements. Subpart A—General
157.224 Dedicated Clean Ballast Tanks Operations Manual.
157.01 Applicability.
Dedicated Clean Ballast Tanks Operations
(a) Unless otherwise indicated, this part applies to each vessel that carries
157.225 Dedicated clean ballast tanks operations: General.
oil in bulk as cargo and that is:
157.226 Dedicated Clean Ballast Tanks Operations Manual: Procedures
(1) Documented under the laws of the United States (a U.S. vessel); or
be followed.
(2) Any other vessel that enters or operates in the navigable waters of the
157.228 Isolating Valves: Closed during a voyage. United States, or that operates, conducts lightering under 46 U.S.C. 3715,
or receives cargo from or transfers cargo to a deepwater port under 33
Subpart F—Exemption From § 157.10a or § 157.10c
U.S.C. 1501 et seq., in the United States Exclusive Economic Zone, as
157.300 Qualifications for exemptions under this part.
defined in 33 U.S.C. 2701(8).
157.302 Applying for an exemption or requesting modification of an
(b) This part does not apply to a vessel exempted under 46 U.S.C. 2109
exemption.
or 46 U.S.C. 3702.
157.304 Shore-based reception facility: standards.
[CGD 90-051, 57 FR 36238, Aug. 12, 1992; 61 FR 39772, July 30, 1996]
157.306 Granting, denying, or modifying an exemption.
157.308 Revocation of exemption: procedure and appeals.
157.310 Exempted vessels: operations. 157.02 Incorportion by reference.
(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. 552(a) and
Subpart G—Structural And Operational Measures For Certain Tank
157.400 Purpose and applicability. 1 CFR part 51. To enforce any edition other than that specified in paragraph
157.410 Emergency lightering requirements for oil tankers. (b) of this section, the Coast Guard must publish notice of change in
157.415 Bridge resource management policy and procedures. the Federal Register; and the material must be available to the public. All
157.420 Vessel specific watch policy and procedures. approved material is available for inspection at the Office of the Federal
157.430 Enhanced survey requirements. Register, 800 North Capitol Street NW., suite 700, Washington, DC, and
157.435 Vital systems surveys. at the U.S. Coast Guard, Office of Operating and Environmental Standards
157.440 Autopilot alarm or indicator. (G-MSO), 2100 Second Street SW., Washington, DC 20593-0001, and is
157.445 Maneuvering performance capability. available from the sources indicated in paragraph (b) of this section.
157.450 Maneuvering and vessel status information. (b) The material approved for incorporation by reference in this part and
157.455 Minimum under-keel clearance. the sections affected are as follows:
International Maritime Organization (IMO)-4 Albert Embankment,
157.460 Additional operational requirements for tank barges.
London SE1 7SR, England. IMO Assembly Resolution A.601(15), Provision
and Display of Manoeuvring Information on Board Ships, Annex sections
Subpart H—Structural and Operational Measures for Certain Tank 1.1, 2.3, 3.1, and 3.2 with appendices, adopted on 19 November 1987
157.500 Purpose and applicability. ………………………………………………………………………157.450
157.510 Operational measures. IMO Assembly Resolution A.744(18), Guidelines on the Enhanced
Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers,
Annex B sections 1.1.3-1.1.4,1.2-13,2.1,23-2.6,3-8, Annexes 1-10 with
appendices, adopted 4 November 1993 ……………………………. 157.430

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M.E.T. PUBLICATION 515 — 5TH EDITION
IMO Assembly Resolution A.751(18), Interim Standards for Ship Inland vessel means a vessel that is not oceangoing and that does not
Manoeuvrability, Annex sections 1.2, 23-2.4, 3-4.2, and 5, adopted operate on the Great Lakes.
4 November 1993 with Explanatory Notes in MSC/Circ. 644 dated 6 Instantaneous rate of discharge of oil content means the rate of discharge
June 1994 ………………………………………………………... 157.445 of oil in liters per hour at any instant, divided by the speed of the vessel
Oil Companies International Marine Forum (OCIMF)-15th Floor, 96 in knots at the same instant
Victoria Street, London, SW1E 5JW, England. Integrated tug barge means a tug and a tank barge with a mechanical
International Safety Guide for Oil Tankers and Terminals, Fourth system that allows the connection of the propulsion unit (the tug) to the
Edition, Chapters 6, 7, and 10, 1996 …………………………… 157.435 stem of the cargo carrying unit (the tank barge) so that the two vessels
[61 FR 39770, July 30, 1996] function as a single self-propelled vessel.
Large primary structural member includes any of the following:
(1) Web frames.
157.03 Definitions. (2) Girders.
Except as otherwise stated in a subpart (3) Webs.
Amidships means the middle of the length. (4) Main brackets.
Animal fat means a non-petroleum oil, fat, or grease derived from (5) Transverses.
animals and not specifically identified elsewhere in this part (6) Stringers.
Ballast voyage means the voyage that a tank vessel engages in after it (7) Struts in transverse web frames when there are 3 or more struts and
leaves the port of final cargo discharge. the depth of each is more than 1/15 of the total depth of the tank.
Breadth or B means the maximum molded breadth of a vessel in meters.
Length or L means the distance in meters from the fore side of the stem
Cargo tank length means the length from the forward bulkhead of the
to the axis of the rudder stock on a waterline at 85 percent of the least
forwardmost cargo tanks, to the after bulkhead of the aftermost cargo tanks.
molded depth measured from the molded baseline, or 96 percent of the
Center tank means any tank inboard of a longitudinal bulkhead.
total length on that waterline, whichever is greater. In vessels designed with
Clean ballast means ballast which:
drag, the waterline is measured parallel to the designed waterline.
(1) If discharged from a vessel that is stationary into clean, calm water
Lightweight means the displacement of a vessel in metric tons without
on a clear day, would not—
cargo, oil fuel, lubricating oil, ballast water, fresh water, and feedwater in
(i) Produce visible traces of oil on the surface of the water or on
tanks, consumable stores, and any persons and their effects.
adjoining shore lines; or
Major conversion means a conversion of an existing vessel that:
(ii) Cause a sludge or emulsion to be deposited beneath the surface of (1) Substantially alters the dimensions or carrying capacity of the vessel,
the water or upon adjoining shore lines; or except a conversion that includes only the installation of segregated ballast
(2) If verified by an approved cargo monitor and control system, has an tanks, dedicated clean ballast tanks, a crude oil washing system, double
oil content that does not exceed 15 p.m. sides, a double bottom, or a double hull;
Combination carrier means a vessel designed to carry oil or solid (2) Changes the type of vessel;
cargoes in bulk. (3) Substantially prolongs the vessel's service life; or
Crude oil means any liquid hydrocarbon mixture occurring naturally in (4) Otherwise so changes the vessel that it is essentially a new vessel, as
the earth, whether or not treated to render it suitable for transportation, and determined by the Commandant (G-MOC).
includes crude oil from which certain distillate fractions may have been MARPOL Protocol means the Protocol of 1978 Relating to the
removed, and crude oil to which certain distillate fractions may have been International Convention for the Prevention of Pollution from Ships, 1973,
added. done at London on February 17,1978. This Protocol incorporates and
Deadweight or DWT means the difference in metric tons between the modifies the International Convention for the Prevention of Pollution from
lightweight displacement and the total displacement of a vessel measured Ships, 1973, done at London on November 2, 1973.
in water of specific gravity 1.025 at the load waterline corresponding to the New vessel means:
assigned summer freeboard. (1) A U.S. vessel in domestic trade that:
Dedicated clean ballast tank means a cargo tank that is allocated solely (i) Is constructed under a contract awarded after December 31, 1974;
for the carriage of clean ballast (ii) In the absence of a building contract, has the keel laid or is at a
Domestic trade means trade between ports or places within the United similar stage of construction after June 30, 1975;
States, its territories and possessions, either directly or via a foreign port (iii) Is delivered after December 31, 1977; or
including trade on the navigable rivers, lakes, and inland waters. (iv) Has undergone a major conversion for which:
Double bottom means watertight protective spaces that do not carry any (A) The contract is awarded after December 31, 1974;
oil and which separate the bottom of tanks that hold any oil within the (B) In the absence of a contract, conversion is begun after June 30,
cargo tank length from the outer skin of the vessel. 1975; or
Double hull means watertight protective spaces that do not carry any oil (C) Conversion is completed after December 31, 1977; and
and which separate the sides, bottom, forward end, and aft end of tanks that (2) A foreign vessel or a U.S. vessel in foreign trade that:
hold any oil within the cargo tank length from the outer skin of the vessel
(i) Is constructed under a contract awarded after December 31, 1975;
as prescribed in § 157.10d.
(ii) In the absence of a building contract, has the keel laid or is at a
Doubles sides means watertight protective spaces that do not carry any
similar stage of construction after June 30, 1976;
oil and which separate the sides of tanks that hold any oil within the cargo
(iii) Is delivered after December 31, 1979; or
tank length from the outer skin of the vessel.
(iv) Has undergone a major conversion for which:
Existing vessel means any vessel that is not a new vessel. (A) The contract is awarded after December 31, 1975;
Fleeting or assist towing vessel means any commercial vessel engaged (B) In the absence of a contract, conversion is begun after June 30,
in towing astern, alongside, or pushing ahead, used solely within a limited
1976; or
geographic area, such as a particular barge fleeting area or commercial
(C) Conversion is completed after December 31, 1979.
facility, and used solely for restricted service, such as making up or
breaking up larger tows. Non-petroleum oil means oil of any kind that is not petroleum-based.
Foreign trade means any trade that is not domestic trade. It includes, but is not limited to, animal fat and vegetable oil.
From the nearest land means from the baseline from which the Oceangoing has the same meaning as defined in § 151.05 of this chapter.
territorial sea of the United States is established in accordance with Officer in charge of a navigational watch means any officer employed
international law. or engaged to be responsible for navigating or maneuvering the vessel
and

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M.E.T. PUBLICATION 515 — 5TH EDITION
for maintaining a continuous vigilant watch during his or her periods of societies may be authorized to perform those plan reviews, inspections, and
duty and following guidance set out by the master, international or national certifications for U.S. vessels.
regulations, and company policies. (b) If a CS desires authorization to perform the plan reviews,
Oil means oil of any kind or in any form including, but not limited to, certifications, and inspections required under this part, it must submit to the
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-0001,
dredged spoil. This includes liquid hydrocarbons as well as animal and evidence from the governments concerned showing that they have
vegetable oils. authorized the CS to inspect and certify vessels on their behalf under the
Oil fuel means any oil used as fuel for machinery in the vessel in which MARPOL Protocol.
it is carried. (c) The Coast Guard notifies the CS in writing whether or not it is
Oil spill response vessel means a vessel that is exclusively dedicated to accepted as an authorized CS. If authorization is refused, reasons for the
operations to prevent or mitigate environmental damage due to an actual refusal are included.
or impending accidental oil spill. This includes a vessel that performs (d) Acceptance as an authorized CS terminates unless the following are
routine service as an escort for a tank vessel, but excludes a vessel that met:
engages in any other commercial activity, such as the carriage of any type (1) The authorized CS must have each Coast Guard regulation that is
of cargo. applicable to foreign vessels on the navigable waters of the United States.
Oil tanker means a vessel that is constructed or adapted primarily to (2) Each issue concerning equivalents to the regulations in this part must
carry crude oil or products in bulk as cargo. This includes a tank barge, a be referred to the Coast Guard for determination.
tankship, and a combination carrier, as well as a vessel that is constructed (3) Copies of any plans, calculations, records of inspections, or other
or adapted primarily to carry noxious liquid substances in bulk as cargo and documents relating to any plan review, inspection, or certification
which also carries crude oil or products in bulk as cargo. performed to meet this part must be made available to the Coast Guard.
Oil mixture means a mixture with any oil content (4) Each document certified under §§157.116(a)(2), 157.118(b)(1)(ii),
Other non-petroleum oil means an oil of any kind that is not petroleum and 157.216(b)(1)(ii) must be marked with the name or seal of the
oil, an animal fat, or a vegetable oil. authorized CS.
Permeability of a space means the ratio of the volume within a space (5) A copy of the final documentation that is issued to each vessel that
that is assumed to be occupied by water to the total volume of that space. is certified under this part must be referred to the Commandant (G-MOC),
Petroleum oil means petroleum in any form including crude oil, fuel oil, U.S. Coast Guard, Washington, D.C. 20593-0001.
mineral oil, sludge, oil refuse, and refined products. (Reporting and recordkeeping requirements approved by the Office of
Primary lowing vessel means any vessel engaged in towing astern, Management and Budget under control number 2115-0520)
alongside, or pushing ahead and includes the tug in an integrated tug barge. [CGD 8,2-28, 50 FR 11625, and 11630, Mar. 22, 1985 as amended by CGD 88-
It does not include fleeting or assist towing vessels. 052, 53 FR 25122, July 1, 1988; 61 FR 33660, June 28, 1996]
Product means any liquid hydrocarbon mixture in any form, except
crude oil, petrochemicals, and liquefied gases. 157.05 Performing calculations for this part
Segregated ballast means the ballast water introduced into a tank that is In this part, unless the context requires otherwise:
completely separated from the cargo oil and oil fuel system and that is (a) Formulas are in the International System of Units (SI);
permanently allocated to the carriage of ballast (b) Values used in those formulas must be in the International System of
Slop tank means a tank specifically designated for the collection of cargo Unite; and
drainings, washings, and other oil mixtures. (c) Forward and after perpendiculars are located at the forward end and
Tank means an enclosed space that is formed by the permanent structure at the after end of the length. The forward perpendicular coincides with the
of a vessel, and designed for the carriage of liquid in bulk. foreside of the stem on the waterline on which the length of the vessel is
Tank barge means a tank vessel not equipped with a means of self- measured.
propulsion.
Tank vessel means a vessel that is constructed or adapted primarily to 157.06 Appeals.
carry , or that carries, oil or hazardous material in bulk as cargo or cargo (a) Any person directly affected by an action taken under this part may
residue, and that— request reconsideration by the Coast Guard official who is responsible for
(1) Is a vessel of the United States; that action.
(2) Operates on the navigable waters of the United States; or
(b) Any person not satisfied with a ruling made under the procedure
(3) Transfers oil or hazardous material in a port or place subject to the
contained in paragraph (a) of this section may appeal that ruling in writing,
jurisdiction of the United States. This does not include an offshore supply
vessel, or a fishing vessel or fish tender vessel of not more than 750 gross except as allowed under paragraph (e) of this section, to the Coast Guard
tons when engaged only in fishing industry. District Commander of the district in which the action was taken. The
Tankship means a tank vessel propelled by mechanical power or sail. appeal may contain supporting documentation and evidence that the
Vegetable oil means a non-petroleum oil or fat not specifically identified appellant wishes to have considered. If requested, the District Commander
elsewhere in this part that is derived from plant seeds, nuts, kernels, or may stay the effect of the action being appealed while the ruling is being
fruits. reviewed. The District Commander issues a ruling after reviewing the
Wing tank means a tank that is located adjacent to the side shell plating. appeal submitted under this paragraph.
[CGD 7432, 40 FR 48283, Oct. 14, 1975 as amended by CGD 75-201, 41 FR (c) Any person not satisfied with a ruling made under the procedure
contained in paragraph (b) of this section may appeal that ruling in writing,
1482, Jan. 8, 1976; CGD 75-240, 41 FR 54179, Dec. 13, 1978; CGD 77-058b, 45
except as allowed under paragraph (e) of this section, to the Chief, Marine
FR 43706, June 30, 1980; CGD 76-088b, 48 FR 45720, Oct. 6, 1983; CGD 82-28, Safely and Environmental Protection, U.S. Coast Guard, Washington, D.C.
50 FR 11625, Mar. 22, 1985; CGD 90-051, 57 FR 36238, Aug. 12, 1992; CGD 91- 20593-0001. The appeal may contain supporting documentation and
045, 59 FR 40188, Aug. 5, 1994; CGD 90-051, 60 FR 13324, Mar. 10, 1995; 61 FR evidence that the appellant wishes to have considered. If requested, the
33660, June 28, 1996; 61 FR 39770, July 30,1996] Chief, Marine Safety and Environmental Protection may stay the effect of
the action being appealed while the ruling is being reviewed. The Chief,
Marine Safety and Environmental Protection issues a ruling after reviewing
157.04 Authorization of classification societies.
the appeal submitted under this paragraph.
(a) The Coast Guard may authorize any classification society (CS) to
(d) Any decision made by the Chief, Marine Safety and Environmental
perform certain plan reviews, certifications, and inspections required by this
part on vessels classed by that CS, except that only U.S. classification Protection under the procedure contained in paragraph (c) of this section

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M.E.T. PUBLICATION 515 — 5TH EDITION
is final agency action. (3) Foreign vessel that is constructed under a contract awarded before
(e) If the delay in presenting a written appeal would have a significant April 1, 1977.
adverse impact on the appellant, the appeal under paragraph (b) or (c) of (j) Sections 157.09 and 157.10a do not apply to a new vessel that
this section may initially be presented orally. If an initial presentation of (1) Is constructed under a building contract awarded after June 1,1979;
the appeal is made orally, the appellant must submit the appeal in writing (2) In the absence of a building contract, has the keel laid or is at a
within five days of the oral presentation to the Coast Guard official to similar stage of construction after January 1, 1980;
whom the oral presentation was made. The written appeal must contain, at (3) Is delivered after June 1, 1982; or
a minimum the basis for the appeal and a summary of the material (4) Has undergone a major conversion for which:
presented orally. (i) The contract is awarded after June 1, 1979;
[CGD 77-058b, 45 FR 43706, June 30, 1960, as amended by CGD 88-052, 53 FR (ii) In the absence of a contract, conversion is begun after January 1,
25122, July 1, 1988; 61 FR 33660, June 28, 1996] 1980; or
(iii) Conversion is completed after June 1, 1982.
(k) Sections 157.09(b)(3), 157.10(c)(3), 157.10a(d)(3), and 157.10b(b)(3)
157.07 Equivalents.
do not apply to tank barges.
The Coast Guard may accept an equivalent, in accordance with the
(1) Section 157.10b does not apply to tank barges if they do not carry
procedure in 46 CFR 30.15-1, of a design or an equipment to fulfill a
ballast while they are engaged in trade involving the transfer of crude oil
requirement in this Part, except an operational method may not be
from an offshore oil exploitation or production facility on the Outer
substituted for a design or equipment requirement that is also required under
Continental Shelf of the United States.
the MARPOL Protocol.
(m) Section 157.12 does not apply to a U.S. vessel that
[CGD 82-28, 50 FR 11625, Mar. 22, 1985]
(1) Is granted an exemption under Subpart F of this part; or
Subpart B—Design, Equipment, and Installation (2) Is engaged solely in voyages that are:
(i) Between ports or places within the United States, its territories or
possessions;
157.08 Applicability of Subpart B. (ii) Of less than 72 hours in length; and
Note: An "oil tanker" as defined in §157.03 includes barges as well as (iii) At all times within 50 nautical miles of the nearest land.
self-propelled vessels. (n) Section 157.10d does not apply to:
(a) Sections 157.10d and 157.11(g) apply to each vessel to which this (1) A vessel that operates exclusively beyond the navigable waters of the
part applies. United States and the United States Exclusive Economic Zone, as defined
(b)Sections 157.11 (a) through (f), 157.12,157.15,157.19(b)(3), 157.33, in 33 U.S.C. 2701(8);
and 157.37 apply to each vessel to which this part applies that carries 200 (2) An oil spill response vessel; or
cubic meters or more of crude oil or products in bulk as cargo, as well as (3) Before January 1, 2015—
to each oceangoing oil tanker to which this part applies of 150 gross tons (i) A vessel unloading oil in bulk as cargo at a deepwater port licensed
or more. These sections do not apply to a foreign vessel which remains under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); or
beyond the navigable waters of the United States and does not transfer oil (ii) A delivering vessel that is off-loading oil in bulk as cargo in
cargo at a port or place subject to the jurisdiction of the United States. lightering activities—
(c) Section 157-21 applies to each oil tanker to which this part applies (A) Within a lightering zone established under 46 U.S.C. 3715(b)(5); and
of 150 gross tons or more that is oceangoing or that operates on the Great (B) More than 60 miles from the territorial sea base line, as defined in
Lakes. This section does not apply to a foreign vessel which remains 33 CFR 2.05-10.
beyond the navigable waters of the United States and does not transfer oil [CGD 75-240, 41 FR 54179, Dec. 13, 1978, as amended by CGD 77-058b, 45 FR
cargo at a port or place subject to the jurisdiction of the United States. 43707, June 30, 1980; CGD 79-152, 45 FR 82249, Dec. 15, 1980; CGD 76-088b,
(d) Sections in subpart B of 33 CFR part 157 that are not specified in
48 FR 45720, Oct. 8, 1983; CGD 90-051; 57 FR 36239, Aug. 12, 1992; 57 FR
paragraphs (a) through (c) of this section apply to each oceangoing oil
tanker to which this part applies of 150 gross tons or more, unless 40494; Sept. 3, 1992]
otherwise indicated in paragraphs (e) through (m) of this section. These
sections do not apply to a foreign vessel which remains beyond the 157.09 Segregated ballast
navigable waters of the United States and does not transfer oil cargo at a (a) A new vessel of 70,000 tons DWT or more must have segregated
port or place subject to the jurisdiction of the United States. ballast tanks that have a total capacity to allow the vessel to meet the draft
(e) Sections 157.11 (a) through (f), 157.12, and 157.15 do not apply to and trim requirements in paragraph (b) of this section without recourse to
a vessel, except an oil tanker, that carries less than 1,000 cubic meters of the use of oil tanks for water ballast
crude oil or products in bulk as cargo and which retains oily mixtures on (b) In any ballast condition during any part of a voyage, including that
board and discharges them to a reception facility. of lightweight with only segregated ballast, the vessel's drafts and trim
(f) Sections 157.11 (a) through (f), 157.12, 157.13, and 157.15 do not must have the capability of meeting each of the following requirements:
apply to a tank vessel that carries only asphalt, carbon black feedstock, or (1) The molded draft amidship (dm) in meters without taking into
other products with similar physical properties, such as specific gravity and account vessel deformation must not be less than dm in the following
cohesive and adhesive characteristics, that inhibit effective product/water mathematical relationship:
separation and monitoring.
dm=2.0+0.02L
(g) Sections 157.11 (a) through (f), 157.12,157.13, 157.15, and 157.23
do not apply to a tank barge that cannot ballast cargo tanks or wash cargo (2) The drafts at the forward and after perpendiculars must correspond
tanks while underway. to those determined by the draft amidship as specified in paragraph (b)(1)
(h) Sections 157.19 and 157.21 do not apply to a tank barge that is of this section, in association with the trim by the stem of no more than
certificated by the Coast Guard for limited short protected coastwise routes 0.015L.
if the barge is otherwise constructed and certificated for service exclusively (3) The minimum allowable draft at the after perpendicular is that which
on inland routes. is necessary to obtain full immersion of the propeller.
(i) Section 157.09(d) does not apply to any: (c) The vessel may be designed to carry ballast water in cargo tanks
(1) U.S. vessel in domestic trade that is constructed under a contract during the condition described in §157.35.
awarded before January 8, 1976; (d) Segregated ballast spaces, voids, and other noncargo-carrying spaces
(2) U.S. vessel in foreign trade that is constructed under a contract for a vessel of conventional form must be distributed:
awarded before April 1, 1977; or

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M.E.T. PUBLICATION 515 — 5TH EDITION
(1) So that the mathematical average of the hypothetical collision (Oc) carries crude oil must have a crude oil washing system that meets the
and the hypothetical stranding (Og) outflows as determined by the design, equipment, and installation requirements in Subpart D of this
application of the procedures in §157.19 and Appendix B is 80 percent or part.
less of the maximum allowable outflow (OA) as determined by (f) Each tank vessel under this section may be designed to carry ballast
§157.19(b)(1); and water in cargo tanks as allowed under §157.35.
(2) To protect at least 45 percent of the sum of the side and bottom shell [CGD 77-058b, 45 FR 43707, June 30,1980, as amended by CGD 90-051,
areas, based upon projected molded dimensions, within the cargo tank 57 FR 36239, Aug. 12, 1992]
length. When the vessel design configuration does not provide for the
spaces to be distributed to protect at least 45 percent of the side and bottom 157.10a Segregated ballast tanks, crude oil washing systems, and
shell areas, the spaces must be distributed so that the mathematical average dedicated clean ballast tanks for certain new and existing vessels of
of the hypothetical collision (Oc) and the hypothetical stranding (Os) 40,000 DWT or more.
outflows, determined by application of the procedures in §157.19 and (a) Not later than June 1, 1981, except as allowed in paragraph (b) of
Appendix B, is a further 2 percent less than the maximum allowable out- this section, an existing vessel of 40,000 DWT or more that carries crude
flow (Og) for each 1 percent by which the shell area protection coverage oil and a new vessel of 40,000 DWT or more but less than 70,000 DWT
required is not achieved. that carries crude oil must have:
(e) A ballast space, void or other non-cargo-carrying space used to meet (1) Segregated ballast tanks with a total capacity to meet the draft and
requirements in paragraph (d) of this section must separate the cargo tank trim requirements in paragraph (d) of this section; or
boundaries from the shell plating of the vessel by at least 2 meters. (2) A crude oil washing system that meets the design, equipment, and
(f) A vessel of conventional form for application of this section has: installation requirements of Subpart D of this part
(1) A block coefficient of .80 or greater, (b) Each tank vessel under paragraph (a) of this section does not have to
(2) A length to depth ratio between 12 and 16, and meet the requirements of paragraph (a) of this section until June 1, 1983,
(3) A breadth to depth ratio between 1.5 and 3.5.
for an existing vessel of 70,000 DWT or more, or until June 1, 1985, for
(g) Segregated ballast spaces, voids, and other noncargo-carrying spaces
a new or existing vessel of 40,000 DWT or more but less than 70,000
for a vessel not of conventional form must be distributed in a configuration
DWT, if the vessel:
acceptable to the Coast Guard.
(1) Has dedicated clean ballast tanks with the total capacity to meet the
[CGD 74-32, 40 FR 48283, Oct. 14, 1975 as amended by CGD 7432, 40 FR
draft and trim requirements under paragraph (d) of this section; and
49328, Oct. 22, 1975; CGD 75-201, 41 FR 1482, Jan. 8, 1976] (2) Meets the design and equipment requirements under Subpart E of this
part
157.10 Segregated ballast tanks and crude oil washing systems for (c) Not later than June 1, 1981, an existing vessel of 40,000 DWT or
certain new vessels. more that carries products and a new vessel of 40,000 DWT or more but
(a) This section applies to a new vessel that: less than 70,000 DWT that carries products must have:
(1) Is constructed under a building contract awarded after June 1,1979; (1) Segregated ballast tanks with a total capacity to meet the draft and
(2) In the absence of a building contract, has the keel laid or is at a trim requirements in paragraph (d) of this section; or
similar stage of construction after January 1, 1980; (2) Dedicated clean ballast tanks that have a total capacity to meet the
(3) Is delivered after June 1, 1982; or draft and trim requirements in paragraph (d) of this section and that meet
(4) Has undergone a major conversion for which: the design and equipment requirements under Subpart E of this part
(i) The contract is awarded after June 1, 1979; (d) In any ballast condition during any part of a voyage, including that
(ii) In the absence of a contract, conversion is begun after January 1, of lightweight with either segregated ballast in segregated ballast tanks or
1980; or clean ballast in dedicated clean ballast tanks, each tank vessel under
(iii) Conversion is completed after June 1, 1982. paragraph (a)(1), (b), or (c) of this section must have the capability of
(b) Each tank vessel under this section of 20,000 DWT or more that meeting each of the following without recourse to the use of cargo tanks
carries crude oil and of 30,000 DWT or more that carries products must for water ballast
have segregated ballast tanks that have a total capacity to allow the vessel (1) The molded draft amidship (dm) in meters, without taking into
to meet the draft and trim requirements in paragraph (c) of this section account vessel deformation, must not be less than dm in the following
without recourse to the use of cargo tanks for water ballast mathematical relationship:
(c) In any ballast condition during any part of a voyage, including that
of lightweight with only segregated ballast, each tank vessel under dm=2.0+0.02L
paragraph (b) of this section must have the capability of meeting each of (2) The drafts at the forward and after perpendiculars must correspond
the following: to those determined by the draft amidship under paragraph (d)(1) of this
(1) The molded draft amidship (dm) in meters, without taking into section, in association with a trim by the stem of no more than 0.015L.
account vessel deformation, must not be less than dm in the following (3) The minimum draft at the after perpendicular is that which is
mathematical relationship: necessary to obtain full immersion of the propeller.
(e) Each tank vessel that meets paragraph (a)(1), (b), or (c) of this
dm=2.0+0.02L section may be designed to carry ballast water in cargo tanks as allowed
(2) The drafts at the forward and after perpendiculars must correspond to under §157.35.
those determined by the draft amidship under paragraph (c)(1) Note: Segregated ballast tanks located in wing tanks provide protection
of this section, in association with a trim by the stem of no more than against oil outflow in the event of a collision, ramming, or grounding.
0.015L. [CGD 77-058b, 45 FR 43707, June 30, 1980, as amended by CGD 82-28, 50 FR
(3) The minimum draft at the after perpendicular is that which is 11628, Mar. 22, 1985]
necessary to obtain full immersion of the propeller.
(d) Segregated ballast tanks required in paragraph (b) of this section, 157.10b Segregated ballast tanks, dedicated clean ballast tanks, and
voids, and other spaces that do not carry cargo must be distributed: special ballast arrangements for tank vessels transporting Outer
(1) For a vessel to which §157.10d applies, in accordance with Continental Shelf oil.
§157.10d(c)(4); or, (a) Each tank vessel that is engaged in the transfer of crude oil from an
(2) For a vessel to which §157.10d does not apply, in accordance with offshore oil exploitation or production facility on the Outer Continental
the procedure contained in appendix C to this part. Shelf of the United States on or after June 1, 1980 must, if segregated
(e) Each tank vessel under this section of 20,000 DWT or more that

33 CFR PART 157


PAGE 6
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M.E.T. PUBLICATION 515 — 5TH EDITION
ballast tanks or dedicated clean ballast tanks are not required under (4) Has undergone a major conversion, for which—
§157.09, §157.10 or § 157.10a, have one of the following: (i) The contract is awarded after June 1, 1979; or
(1) Segregated ballast tanks with a total capacity to meet the draft and (ii) Conversion is completed after June 1,1982.
trim requirements in paragraph (b) of this section. (b) On January I, 1986, or 15 years after the date it was delivered to the
(2) Dedicated clean ballast tanks having a total capacity to meet the draft original owner or 15 years after the completion of a major conversion,
and trim requirements in paragraph (b) of this section and meeting the whichever is later, a vessel under this section that carries crude oil must
design and equipment requirements under Subpart E of this part have—
(3) Special ballast arrangements acceptable to the Coast Guard. (1) Segregated ballast tanks that have a total capacity to allow the vessel
(b) In any ballast condition during any part of a voyage, including that to meet the draft and trim requirements in §157.09(b); or
of lightweight with either segregated ballast in segregated ballast tanks or (2) A crude oil washing system that meets the design, equipment, and
clean ballast in dedicated clean ballast tanks, each vessel under paragraph installation requirements of §§157.122 through 157.138.
(a)(1) or (a)(2) of this section must have the capability of meeting each of (c) On January 1, 1986, or 15 years after the date ft was delivered to the
the following: original owner or 15 years after the completion of a major conversion,
(1) The molded draft amidship (dm), in meters, without taking into whichever is later, a vessel under this section that carries product must
account vessel deformation, must not be less than "dm" in the following have—
mathematical relationship: (1) Segregated ballast tanks that have total capacity to allow the vessel
dm=2.00+0.020L for vessels of 150 meters or more in length. to meet the draft and trim requirements in §157.09(b); or
dm=1.25+0.025L for vessels less than 150 meters in length. (2) Dedicated clean ballast tanks that meet the design and equipment
(2) The drafts, in meters, at the forward and after perpendiculars must requirements under §§157.220,157.222, and 157.224 and have total
correspond to those determined by the draft amidship under paragraph capacity to allow the vessel to meet the draft and trim requirements in
(b)(1) of this section, in association with a trim, in meters, by the stem (t) §157.09(b).
of no more than "t" in the following mathematical relationship: (d) If the arrangement of tanks on a vessel under this section is such that,
t=0.015L for vessels of 150 meters or more in length. when using the tankage necessary to comply with the draft and trim
t=1.5+0.005L for vessels less than 150 meters in length. requirements in §157.09(b), the draft amidships exceeds the minimum
required draft by more the 10 percent, or the arrangement results in the
(3) The minimum draft at the after perpendicular is that which is
propeller being fully immersed by more than 10 percent of its diameter,
necessary to obtain full immersion of the propeller.
alternative arrangements may be accepted provided—
(c) Special ballast arrangements are accepted under the procedures in (1) At least 80 percent of the propeller diameter is immersed; and
paragraph (d) of this section if: (2) The moulded draft amidships is at least 80 percent of that required
(1) The vessel is dedicated to one specific route; under §157.09(b)(1).
(2) Each offshore transfer facility on the route is less than 50 miles from [CGD 82-28, 50 FR 11628, Mar. 22, 1985; 50 FR 12800, Apr. 1, 1985]
shore;
(3) The duration of the ballast voyage is less than 10 hours;
(4) They prevent the mixing of ballast water and oil; and 157.10d Double hulls on tank vessels.
(5) They provide suitable draft and trim to allow for the safe navigation (a) With the exceptions stated in §157.08(n), this section applies to a
of the vessel on the intended route. tank vessel—
(d) The owner or operator of a vessel that meets paragraph (c) of this (1) For which the building contract is awarded after June 30, 1990;
section must apply for acceptance of the special ballast arrangement, in (2) That is delivered after December 31, 1993;
writing, to the Officer in Charge, Marine Inspection, of the zone in which (3) That undergoes a major conversion for which;
the vessel operates. The application must contain: (i) The contract is awarded after June 30, 1990; or
(1) The specific route on which the vessel would operate; (ii) Conversion is completed after December 31, 1993; or
(2) The type of ballast to be carried; (4) That is otherwise required to have a double hull by 46 U.S.C.
(3) The location of the ballast on the vessel; 3703a(c).
(4) Calculations of draft and trim for maximum ballast conditions; and Note: 46 U.S.C. 3703a(c) is shown in appendix G to this part.
(5) The associated operating requirements or limitations necessary to (b) Each vessel to which this section applies must be fitted with:
ensure safe navigation of the vessel. (1) A double hull in accordance with this section; and
Note: Operating requirements or limitations necessary to ensure safe (2) If §157.10 applies, segregated ballast tanks and a crude oil washing
navigation of the vessel could include (but are not limned to) weather system in accordance with that section.
conditions under which the vessel would not operate and weather conditions (c) Except on a vessel to which §157.10d(d) applies, tanks within the
under which cargo would be carried in certain cargo tanks on the cargo tank length that carry any oil must be protected by double sides and
ballast voyage. a double bottom as follows:
(e) The Coast Guard will inform each applicant for special ballast (1) Double sides must extend for the full depth of the vessel's side or
arrangements under paragraph (d) of this section whether or not the from the uppermost deck, disregarding a rounded gunwale where fitted, to
arrangements are accepted. If they are not accepted, the reasons why they the top of the double bottom. At any cross section, the molded width of the
are not accepted will be stated. double side, measured at right angles to the side shell plating, from the side
(f) Each tank vessel under this section may be designed to carry ballast of tanks containing oil to the side shell plating, must not be less than the
water in cargo tanks, as allowed under §157.35. distance w as shown in Figure 157.10d(c) and specified as follows:
[CGD 79-152, 45 FR 82249, Dec. 15, 1980] (i) For a vessel of 5,000 DWT and above: w=[0.5+(DWT/20,000)]
meters;
157.10c Segregated ballast tanks, crude oil washing systems, and or, w=2.0 meters (79 in.), whichever is less, but in no case less than 1.0
dedicated clean ballast tanks for certain new and existing tankships of meter (39 in.).
20,000 to 40,000 DWT. (ii) For a vessel of less than 5,000 DWT: w=[0.4+(2.4)(DWT/20,000)]
(a) This section applies to each tankship of 20,000 DWT or more, but meters, but in no case less than 0.76 meter (30 in.).
less then 40,000 DWT, except each one that— (iii) For a vessel to which paragraph (a)(4) of this section applies:
(1) Is constructed under a building contract awarded after June 1,1979; w=0.76 meter (30 in.), provided that the double side was fitted under a
(2) In the absence of a building contract, has the keel laid or is at a construction or conversion contract awarded prior to June 30, 1990.
similar stage of construction after January 1, 1980;
(3) Is delivered after June 1, 1982; or

PAGE 7 33 CFR PART 157


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M.E.T. PUBLICATION 515 — 5TH EDITION

FIGURE 157.10d(c) -Minimum Double Hull Dimensions

FIGURE 157.10d (c)(3)(ii) - Minimum Double Hull Dimensions


Within the Turn of -the Bilge of Vessels Under 5.000 DWT

33 CFR PART 157 PAGE 8


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M.E.T. PUBLICATION 515 — 5TH EDITION
(2) At any cross section, the molded depth of the double bottom, but in no case less than 1 meter (39 in.), aft of the forward perpendicular;
measured at right angles to the bottom shell plating, from the bottom of (ii) On a vessel of less than 10,000 DWT tons that is constructed and
tanks containing oil to the bottom shell plating, must not be less than the certificated for service exclusively on inland or limited short protected
distance h as shown in Figure 157.10d(c) and specified as follows: coastwise routes, the lesser of 7.62 meters (25 ft.) or 5 percent of the vessel
(i) For a vessel of 5,000 DWT and above: h=B/15; or, h=2.0 meters (79 length, but in no case less than 61 cm. (2 ft.), aft of the headlog or stem
in.), whichever is less, but in no case less than 1.0 meter (39 in.). at the freeboard deck; or
(ii) For a vessel of less than 5,000 DWT: h=B/15, but in no case less (iii) On each vessel which operates exclusively as a box or trail barge,
than 0.76 meter (30 in.). 61 cm. (2 ft.) aft of the headlog.
(iii) For a vessel to which paragraph (a)(4) of this section applies: (3) This paragraph does not apply to independent fuel oil tanks that must
h=B/15; or, h=2.0 meters (79 in.), whichever is the lesser, but in no case be located on or above the main deck within the areas described in
less than 0.76 meter (30 in.), provided that the double bottom was fitted paragraphs (e)(1) and (e)(2) of this section to serve adjacent deck
under a construction or conversion contract awarded prior to June 30,1990. equipment that cannot be located further aft. Such tanks must be as small
(3) For a vessel built under a contract awarded after September 11,1992, and as far aft as is practicable.
within the turn of the bilge or at cross sections where the turn of the bilge (f) On each vessel, the cargo tank length must not extend aft to any point
is not clearly defined, tanks containing oil must be located inboard of the closer to the stem than the distance equal to the required width of the
outer shell— double side, as prescribed in §157.10d(c)(1) or §157.10d(d)(1).
(i) For a vessel of 5,000 DWT and above: At levels up to 1.5h above the [CGD 90-051, 57 FR 36239, Aug. 12, 1992]
base line, not less than the distance h, as shown in Figure 157.10d(c) and
specified in paragraph (c)(2) of this section. At levels greater than 1.5h 157.11 Pumping, piping and discharge arrangements.
above the base line, not less than the distance w, as shown in Figure (a) Each tank vessel must have a fixed piping system for transferring
157.10d(c) and specified in paragraph (c)(1) of this section. cargo residues and other oily mixtures from cargo tanks to slop tanks and
(ii) For a vessel of less than 5,000 DWT: Not less than the distance h for discharging oily mixtures to the sea and to reception facilities. On a
above the line of the mid-ship flat bottom, as shown in Figure vessel that has two or more independent piping arrangements, the
157.10d(c)(3)(ii) and specified in paragraph (c)(2) of this section. At levels arrangements collectively form the fixed piping system required by this
greater than h above the line of the mid-ship flat bottom, not less than the paragraph.
distance w, as shown in Figure 157.10d(c)(3)(ii) and specified in paragraph (b) Each fixed piping system required by paragraph (a) of this section
(c)(1) of this section. must have:
(4) For a vessel to which §157.10(b) applies that is built under a contract (1) At least two manifolds on the weather deck for transferring oily
awarded after September 11, 1992. mixtures to reception facilities, one of which is on the port side of the
(i) The aggregate volume of the double sides, double bottom, forepeak vessel and one of which is on the starboard side; and
tanks, and afterpeak tanks must not be less than the capacity of segregated (2) Except as provided in paragraph (c) of this section, at least one
ballast tanks required under §157.10(b). Segregated ballast tanks that may discharge point that:
be provided in addition to those required under §157.10(b) may be located (i) Is used for discharges to the sea;
anywhere within the vessel. (ii) Is on a port or starboard weather deck or on the vessel's side above
(ii) Double side and double bottom tanks used to meet the requirements the waterline of its deepest ballast condition; and
of §157.10(b) must be located as uniformly as practicable along the cargo (iii) Has an automatic stop valve that is actuated by a cargo monitor
tank length. Large inboard extensions of individual double side and double signal, except that manual valves may be provided on new vessels of less
bottom tanks, which result in a reduction of overall side or bottom than 4,000 tons deadweight and on existing vessels.
protection, must be avoided. (c) An above waterline discharge point is not required on an existing
(d) A vessel of less than 10,000 DWT that is constructed and certificated vessel if its fixed piping system meets Paragraphs 3 and 4 of Appendix E
for service exclusively on inland or limited short protected coastwise routes of this part
must be fitted with double sides and a double bottom as follows: (d) Each tank vessel under §157.09, § 157.10a, or §157.10b that carries
(1) A minimum of 61 cm. (2 ft.) from the inboard side of the side shell crude oil must have:
plate, extending the full depth of the side or from the main deck to the top (1) Equipment that drains each cargo pump and oil piping line of oil
of the double bottom, measured at right angles to the side shell; and residue;
(2) A minimum of 61 cm. (2 ft.) from the top of the bottom shell (2) Oil piping lines for the draining of oil residue from cargo pumps and
plating, along the full breadth of the vessel's bottom, measured at right other oil piping lines to a cargo tank or a slop tank; and
angles to the bottom shell. (3) An oil piping line that meets paragraph (f) of this section and is
(3) For a vessel to which paragraph (a)(4) of this section applies, the connected to the cargo discharge piping on the outboard side of the
width of the double sides and the depth of the double bottom may be 38 manifold valves for the draining of oil residue from cargo pumps and other
cm. (15 in.), in lieu of the dimensions specified in paragraphs (d)(1) and oil piping lines to a receptacle on the shore.
(d)(2) of this section, provided that the double side and double bottom (e) Each tank vessel under §157.10 must have:
tanks were fitted under a construction or conversion contract awarded prior (1) Oil piping lines that are designed and installed to minimize oil
to June 30, 1990. retention in those lines;
(4) For a vessel built under a contract awarded after September 11,1992, (2) Equipment that drains each cargo pump and oil piping line of oil
a minimum 46 cm. (18 in.) clearance for passage between framing must be residue;
maintained throughout the double sides and double bottom. (3) Oil piping lines for the draining of oil residue from cargo pumps and
(e) Except as provided in paragraph (e)(3) of this section, a vessel must other oil piping lines to a cargo tank or slop tank; and
not carry any oil in any tank extending forward of: (4) An oil piping tine that meets paragraph (f) of this section and is
(1) The collision bulkhead; or connected to the cargo discharge piping on the outboard side of the
(2) In the absence of a collision bulkhead, the transverse plane manifold valves for the draining of oil residue from cargo pumps and other
perpendicular to the centerline through a point located: oil piping lines to a receptacle on the shore.
(i) The lesser of 10 meters (32.8 ft.) or 5 percent of the vessel length, (f) Each oil piping line under paragraph (d)(3) or (e)(4) of this section

PAGE 9 33 CFR PART 157


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M.E.T. PUBLICATION 515 — 5TH EDITION
must have a cross-sectional area of 10 percent or less of the cross-sectional 157.15 Slop tanks in tank vessels.
area of the main cargo discharge piping line, except if the oil piping line (a) Number. A tank vessel must have the following number of slop tanks
under paragraph (d)(3) of this section is installed before January 1, 1980, that comply with the requirements of this section:
that piping line may have a cross-sectional area of 25 percent or less of the (1) A new vessel of less than 70,000 tons DWT and an existing vessel
cross-sectional area of the main cargo discharge piping line. must have at least one slop tank.
(g) Each tank vessel to which §157.10d applies that is built under a (2) A new vessel of 70,000 tons DWT or more must have at least two
contract awarded after September 11, 1992 must be arranged so that slop tanks.
(1) Except for short lengths of completely welded (or equivalent) piping, (b) Capacity. Slop tanks must have the total capacity to retain slops from
(i) Ballast piping and other piping to ballast tanks, such as sounding and tank washings, oil residues, and dirty ballast residues of three percent or
vent piping, do not pass through cargo tanks, and more of the oil carrying capacity, except two percent capacity is allowed
(ii) Cargo piping and other piping to cargo tanks do not pass through if there are:
ballast tanks; (1) Segregated ballast tanks that meet the requirements in §157.09,
(2) Suction wells in cargo tanks that protrude into the double bottom are §157.10, § 157.10a, or §157.10b; or
as small as practicable and extend no closer to the bottom shell plating than (2) No eductors arrangements that use water in addition to the washing
0.5h, as specified in §157.10d(c)(2) or §157.10d(d)(2), as applicable; and water.
(3) On a vessel that is constructed and certificated for service exclusively (c) Design. A slop tank required in this section:
on inland. Great Lakes, or limited short protected coastwise routes, any oil (1) Must minimize turbulence, entrainment of oil, and the creation of an
piping that is located within double hull spaces must be placed as far from emulsion by the use of separate inlet and outlet connections; and
the outer shell as is practicable and must be fitted with valves at the point (2) May carry bulk oil when not being used as a slop tank.
of connection to the tank served, to prevent oil outflow in the event of [CGD 74-32, 40 FR 48283, Oct. 14. 1975]
damage to the piping. Such valves must be closed whenever the vessel is Editorial Note: For Federal Register citations affecting §157.15, see the
underway with any oil in tanks served by the associated piping, except as List of CFR Sections Affected in the Finding Aids section of this volume.
necessary during transfer operations.
Note: Piping location requirements for an oceangoing vessel are in
157.17 Oily residue tank.
§157.19(d). Related operating requirements are in §157.45. (a) A tank vessel of 400 gross tons or more must have a tank that
[CGD 7432, 40 FR 48283, Oct. 14, 1975, as amended by CGD 80-78, 45 FR receives and holds oily residue resulting from purification of fuel and
43704, June 30, 1980; CGD 77-058b; 45 FR 43708, June 30, 1980; CGD 79-152, lubricating oil and from oil leakages in machinery spaces.
45 FR 82250, Dec. 15, 1980; CGD 76-088b, 48 FR 45720, Oct. 8, 1983; CGD 90- (b) Each oily residue tank required in paragraph (a) of this section must
051, 57FR 36244; Aug. 12, 1992] have an adequate capacity that is determined by the:
(1) Type of machinery installed on the vessel; and
(2) Maximum fuel oil capacity.
157.12 Cargo monitor and control system. (c) Each oily residue tank on a new vessel must be designed to facilitate:
(a) Each vessel must have, for each type of cargo oil that it carries, at (1) Cleaning; and
least one cargo monitor that is designed for use with that oil. (2) Discharging to a reception facility.
(b) Each monitor installed on a U.S. vessel must be approved under 46 [CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 80-78, 45 FR
CFR 162.050. Each monitor installed on a foreign vessel must be approved: 43704, June. 30, 1980]
(1) Under 46 CFR 162.050; or
(2) As meeting IMO Resolution A.393(X) by a country that has ratified
the MARPOL Protocol. 157.19 Cargo tank arrangement and size.
(c) Each monitor must be installed in accordance with Paragraphs 4, 5, (a) This section applies to:
and 6 of Appendix F to this part and be fitted with the control system (1) A U.S. or foreign vessel that is delivered after January 1, 1977;
(2) A U.S. vessel that is delivered before January 1,1977, for which the
prescribed by paragraphs 6.1.4.2 through 6.1.4.5.5 of that appendix.
building contract is awarded after January 1,1972, or, if there is no building
(d) Except as provided in paragraph (e) of this section, this section
contract, the keel is laid or the vessel is at a similar stage of construction
becomes effective:
after June 30, 1972; and
(1) For new vessels, on October 2, 1983; and
(2) For existing vessels, on October 2, 1986. (3) A foreign vessel that is delivered before January 1,1977, for which
(e) An existing vessel that has dedicated clean ballast tanks to meet the the building contract is awarded after January 1, 1974, or, if there is no
requirements in § 157.10a or §157.10b must comply with paragraphs (a) building contract, the keel is laid or the vessel is at a similar stage of
and (b) of this section not later than October 2, 1986 or the end of the construction after June 30, 1974.
vessel's first scheduled shipyard visit after October 2, 1983, whichever is (b) As determined in accordance with the procedures contained in
earlier. Appendix A of this part, each cargo tank must be of such size and
[CGD 76-088b, 48 FR 45720, Oct. 8, 1983] arrangement that:
(1) The hypothetical outflow for side damage (Oc) or for bottom damage
(OS) anywhere within the length of the vessel must not exceed (OA) (30,000
157.13 Designated observation area.
Each new vessel must have a designated observation area on the weather cubic meters or (400) ∗ ( 3 DWT ) whichever is greater, limited to a
deck or above that is: maximum of 40,000 cubic meters);
(a) Located where the effluent from each discharge point and manifold (2) The volume of each wing tank and center tank is less than the
described in §157.11 can be visually observed; and allowable volume of a wing tank (VOLw) and the allowable volume of a
(b) Equipped with: center tank (VOLc) respectively; and
(1) A means to directly stop the discharge of effluent into the sea; or (3) The length of a tank is less than the allowable length of a tank (la).
(2) A positive communication system, such as a telephone or a radio, (c) If a cargo transfer system interconnects two or more cargo tanks, the
between the observation area and the discharge control position. system must have valves to segregate the tanks from each other.
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 76-088b, 48 FR (d) If a line of piping that runs through a cargo tank in a position less
45720, Oct. 8, 1983] than tc from the vessel's side or less than vs from the vessel's bottom as

PAGE 10
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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M.E.T. PUBLICATION 515 — 5TH EDITION
(i) A letter from the authority that assigns the load line to the vessel 157.28 Discharges from tank barges exempted from certain design
finding that the location of the segregated ballast tanks is acceptable; requirements.
and The person in charge of a tank barge exempted under §157.08(g) from
(ii) Plans and calculations to substantiate compliance with the segregated the requirements in §§157.11,157.13, 157.15, and 157.23 shall ensure that
ballast capacity requirements in §157.09(b); or while the barge is proceeding en route:
(2) Submit to the Officer in Charge, Marine Inspection, of the zone in (a) Cargo tanks are not ballasted or washed; and
which the first U.S. port call is made, a letter or document from the (b) Oil or oily mixtures are not discharged.
government of vessel's flag state certifying that the vessel complies with [CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 76-088b, 48 FR
the segregated ballast capacity requirements in § 157.09(b) or Regulation
45721, Oct. 6, 1983; CGD 90-051, 57 FR 36244; Aug. 12, 1992]
13 of the MARPOL Protocol.
(c) On January 1, 1986, or 15 years after the date it was delivered to the
original owner, or 15 years after the completion of a major conversion, 157.29 Discharges: Seagoing tank vessels of 150 gross tons or more.
whichever is later, before that vessel enters the navigable waters of the Unless a seagoing tank vessel of 150 gross tons or more discharges an
United States, the owner or operator of an existing foreign vessel under oily mixture in compliance with the requirements in §157.37, §157.39, or
§157.10c(b)(1) or §157.10c(c)(1) must— §157.43, the vessel must
(1) Submit to the Commandant (G-MOC), U.S. Coast Guard, (a) Retain the mixture; or
Washington, D.C. 20593-0001— (b) Transfer the mixture to a reception facility.
(i) A letter from the authority that assigns the load line to the vessel
finding that the location of the segregated ballast tanks is acceptable; and 157.31 Discharges: Chemical additives.
(ii) Plans and calculations to substantiate compliance with the No person may use a chemical additive to circumvent the discharge
applicable segregated ballast capacity requirements in §157.09(b) or requirements in §§157.27, 157.29, 157.37, 15739, and 157.43.
§157.10c(d);or
(2) Submit to the Officer in Charge, Marine Inspection, of the zone in 157.33 Water ballast in oil fuel tanks.
which the first U.S. port call is made a letter from an authorized CS or the A new vessel may not carry ballast water in an oil fuel tank.
government of the vessel's flag state certifying that the vessel complies
with the segregated ballast capacity requirements in §157.09(b) or 157.35 Ballast added to cargo tanks.
§157.10c(d). The master of a tank vessel with segregated ballast tanks or dedicated
(Reporting and recordkeeping requirements approved by the Office of clean ballast tanks under §157.09, §157.10, §157.10a(a)(1), §157.10a(b),
Management and Budget under control number 2115-0520) §157.10a(c),§157.10b(a),§157.10c(b)(1),or§157.10c(c) shall ensure that
[CGD 82-28, 50 FR 11626 and 11630, Mar. 22, 1985 as amended by CGD 88- ballast water is carried in a cargo tank only if—
052, 53 FR 25122, July 1, 1988; 61 FR 33660, June 28, 1996] (a) The vessel encounters abnormally severe weather conditions;
(b) More ballast water than can be carried in segregated ballast tanks or
Subpart C—Vessel Operation dedicated clean ballast tanks is necessary for the safety of the vessel;
(c) The ballast water is processed and discharged in compliance with
157.25 Applicability of subpart C. §157.37; and
(a) This subpart applies to each vessel to which this part applies of 150 (d) On a new vessel under §157.10 that carries crude oil, the ballast
gross tons or more, unless otherwise indicated, that carries crude oil or water is only carried in a cargo tank that is crude oil washed in accordance
products in bulk as cargo. This subpart does not apply to a foreign vessel with Subpart D of this part during or after the most recent discharge of
which remains beyond the navigable waters of the United States and does crude oil from that tank.
not transfer oil cargo at a port or place subject to the jurisdiction of the [CGD 77-058b, 45 FR 43708, June 30, 1980, as amended by CGD 82-28, 50 FR
United States. 11626, Mar. 22, 1985]
(b)Sections 157.29,157.31,157.37(a)(5), 15737(a)(6)and 157.43 apply
to foreign vessels when they discharge into the navigable waters of the
157.37 Discharge of cargo residue.
United States.
(a) A tank vessel may not discharge an oily mixture into the sea from a
(c) Sections 157.35, 15737, except paragraphs (a)(5) and (a)(6), 157.39,
cargo tank, slop tank, or cargo pump room bilge unless the vessel:
157.45, and 157.47 do not apply to foreign vessels.
(1) Is more than 50 nautical miles from the nearest land;
[CGD 76-088b, 48 FR 45720, Oct. 8, 1983, as amended by CGD 90-051, 57 FR (2) Is proceeding en route;
36244; Aug. 12, 1992] (3) Is discharging at an instantaneous rate of oil content not exceeding
60 liters per nautical mile;
157.26 Operation of a tank vessel in violation of regulations. (4) Is an existing vessel and the total quantify of oil discharged into the
No person may cause or authorize the operation of a tank vessel in sea does not exceed 1/15,000 of the total quantify of the cargo that the
violation of the regulations in this part discharge formed a part, or is a new vessel and the total quantify of oil
[CGD 77-058b, 45 FR 43708, June 30, 1980] discharged into the sea does not exceed 1/30,000 of the total quantify of the
cargo that the discharge formed a part;
157.27 Discharges: Tank vessels carrying oil exclusively on rivers, (5) Discharges:
lakes, bays, sounds, and the Great Lakes, and seagoing tank vessels of (i) Through the above waterline discharge point described in
less than 150 gross tons. §157.11(b)(2);
Unless a tank vessel carrying oil exclusively on rivers, lakes, bays, (ii) In accordance with Paragraph 5 of Appendix E to this part, if the
sounds, and the Great Lakes, or a seagoing tank vessel of less than 150 vessel is an existing vessel with a Part Flow System meeting that appendix;
gross tons discharges clean ballast or segregated ballast, the vessel or
must: (iii) Below the waterline in accordance with paragraph (e) of this section;
(a) Retain on board any oily mixture; or (6) Has in operation a cargo monitor and control system required by
(b) Transfer an oily mixture to a reception facility. §157.12 that is designed for use with the oily mixture being discharged,
except that the system may be operated manually if:
(i) The automatic system fails during a ballast voyage;

33 CFR PART 157 PAGE 12


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M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) The failure is recorded in the Oil Record Book; paragraph applies to discharges of clean ballast
(iii) The master ensures that the discharge is constantly monitored (1) From dedicated clean ballast tanks; and
visually and promptly terminated when oil is detected in the discharge; and (2) Into the navigable waters of the United States from any other tank.
(iv) The system is operated manually only until the ballast voyage is (b) Segregated ballast may not be discharged overboard unless a visual
completed; and examination, or a test of the ballast contents with an oil/water interface
(7) Is outside the "Special Areas" defined in Regulation 1 (10) of detector, immediately before the discharge shows that there is no oil
Annex I to the MARPOL Protocol. mixture in the ballast Use of a cargo monitor is not required. This
(b) A seagoing tank vessel of 150 gross tons or more that carries asphalt paragraph applies to discharges of segregated ballast:
or other products whose physical properties inhibit effective product/water (1) Into the navigable waters of the United States; and
separation and monitoring must transfer all residues and tank washings (2) Below the waterline at sea from an existing vessel that does not have
from such cargoes to a reception facility. an above the waterline discharge point for segregated ballast
(c) Each cargo monitor must be maintained and operated in accordance (c) All discharges of clean ballast and segregated ballast must be through
with its instructions manual. an above waterline discharge point described in § 157.11(b)(2), except that
(d) All discharge data recorded by a cargo monitor must be retained for (1) A vessel may discharge clean ballast and segregated ballast below the
at least three years. The data for the most recent year must be retained on waterline when in port or at an offshore terminal.
board the vessel. (2) A vessel may discharge clean ballast and segregated ballast at sea by
(e) Ballast containing an oily mixture may be discharged below the gravity below the waterline.
waterline at sea by gravity if: (3) An existing vessel that does not have above waterline discharge
(1) The ballast is not from a slop tank; points for dedicated clean ballast tanks may discharge clean ballast from
(2) Examination with an oil-water interface detector shows that oil-water those tanks below the waterline at sea.
separation has taken place; and (4) An existing vessel that does not have above waterline discharge
(3) The oil layer is high enough in the tank so that it will not be points for segregated ballast tanks may discharge segregated ballast below
discharged. the waterline at sea.
(The information collection requirement contained in paragraph (d) of (d) This section applies only to seagoing tank vessels of 150 gross tons
this section was approved by the Office of Management and Budget under or more.
OMB control number 2115-0518) [CGD 76-088b, 48 FR 45721, Oct. 6, 1983; 48 FR 46985, Oct. 17, 1983]
[CGD 74-32, 40 FR 48283, Oct. 14, 1975 as amended by CGD 76-088b, 48 FR
45721, Oct. 6, 1983] 157.45 Valves in cargo or ballast piping system.
When a tank vessel is at sea and the tanks contain oil, valves and closing
devices in the cargo or ballast piping system or in the transfer system must
157.39 Machinery space bilges.
be kept closed except they may be opened for cargo or ballast transfer to
(a) A tank vessel may discharge an oily mixture from a machinery space
trim the vessel.
bilge that is combined with an oil cargo mixture if the vessel discharges in
compliance with §157.37.
(b) A tank vessel may discharge an oily mixture from a machinery space 157.47 Information for master.
bilge that is not combined with an oil cargo mixture if the vessel: A master or person in charge of a new vessel shall operate the vessel in
(1) Is more than 12 nautical miles from the nearest land; accordance with the information required in 46 CFR 31.10-30(d) that
(2) Is proceeding en route; includes the following:
(3) Is discharging an effluent with an oil content of less than 100 parts (a) Stability information.
per million; and (b) Damage stability information determined in accordance with the
(4) Has in operation an oil discharge monitoring and control system criteria contained in Appendix B of this part.
approved by the Coast Guard (specification regulation to be proposed) and (c) Loading and distribution of cargo information determined in
oil water separating equipment approved by the Coast Guard (specification compliance with the damage stability criteria required in Appendix B of
regulation to be proposed). this part.
[CGD 74-32, 40 FR 48283, Oct. 14, 1976, as amended by CGD 75-240, 41 FR
157.41 Emergencies. 54180, Dec. 13, 1976]
Sections 157.27, 157.29, 157.37, and 157.39 do not apply to a tank
vessel that discharges into the sea oil or oily mixtures: 157.49 Instruction manual.
(a) For the purpose of securing the safety of the vessel or for saving life The master of a tank vessel shall ensure that the instruction manual
at sea; or under §157.23 is available and used when the cargo or ballast systems are
(b) As a result of damage to the vessel or its equipment if: operated.
(1) Reasonable precautions are taken after the occurrence of the damage
or discovery of the discharge for the purpose of preventing or minimizing Subpart D—Crude Oil Washing (COW) System on
the discharge; and Tank Vessels
(2) The owner, master or person in charge did not intend to cause SOURCE: CGD 77-058b, 45 FR 43709, June 30,1980, unless otherwise
damage, or did not act recklessly and with knowledge that damage of the noted.
environment would probably result
General
157.43 Discharges of clean and segregated ballast: Seagoing tank 157.102 Plans for foreign tank vessels: Submission.
vessels of 150 gross tons or more. If the owner or operator of a foreign tank vessel having a COW system
(a) Clean ballast may not be discharged overboard unless the discharge under §157.10(e), §157.10a(a)(2), or §157.10c(b)(2), desires the letter from
is verified as clean ballast through use of an approved cargo monitor or, if the Coast Guard under §157.106 accepting the plans submitted under this
discharged before the required cargo monitor installation date, by visual paragraph, the owner or operator must submit to the Commandant (G-
examination of the ballast contents immediately before discharge. This MOC), U.S. Coast Guard, Washington, DC 20593-0001, plans that
include—

PAGE 13 33 CFR PART 157


269
M.E.T. PUBLICATION 515 — 5TH EDITION
(a) A drawing or diagram of the COW pumping and piping system that (2) Either—
meets 46 CFR 56.01-10(d); (i) A document from the government of the vessel's flag state that
(b) The design of each COW machine; certifies that the vessel complies with Resolution 15 of the MARPOL
(c) The arrangement, location, and installation of the COW machines; Protocol; or
and (ii) The following letters issued by the Coast Guard:
(d) Except as allowed in §157.104, the projected direct impingement (A) The letter of acceptance issued under §157.106.
pattern of crude oil from the nozzles of the COW machines on the surfaces (B) The letter of acceptance issued under §157.142.
of each tank, showing the surface areas not reached by direct impingement (C) Each amending letter issued under §157.158(c).
(Reporting and recordkeeping requirements approved by the Office of (b) On January 1, 1986, or 15 years after the date it was delivered to the
Management and Budget under control number 2115-0520) original owner or 15 years after the completion of a major conversion,
[CGD 77-058b, 45 FR 43709; June 30, 1980, as amended by CGD 82-28, 50 FR whichever is later, the owner, operator, and master of a foreign vessel
11627 and 11630, Mar. 22, 1985; CGD 88-052, S3 FR 25122, July 1, 1988; 61 FR having a COW system under §157.10c(b)(2) shall ensure that the vessel
33660, June 28, 1996] does not enter the navigable waters of the United States or transfer cargo
at a port or place subject to the jurisdiction of the United States unless the
157.104 Scale models. vessel has on board—
If the pattern under §157.100(a)(4) or §157.102(d) cannot be shown on (1) The Crude Oil Washing Operations and Equipment Manual
that—
a plan, a scale model of each tank must be built for Coast Guard inspection
(i) Is approved under §157.112; or
to simulate, by a pinpoint of light, the projected direct impingement pattern
(ii) Bears a certification by an authorized CS or the government of the
on the surfaces of the tank.
vessel's flag state that the manual contains the information required under
§157.138;
157.106 Letter of acceptance. (2) Evidence that the COW system passed the required inspections by—
The Coast Guard informs the submitter by letter that the plans submitted (i) A document from an authorized CS or the government of the vessel's
under §157.100 or §157.102 are accepted if: flag state certifying that the vessel passed the inspections under §157.140;
(a) The plans submitted show that the COW system meets this subpart; or or
(b) The plans submitted and the scale model under §157.104 show that (ii) The letter of acceptance under §157.142 after passing the inspection
the COW system meets this subpart. under §157.140; and
(3) Either—
157.110 Crude Oil Washing Operations and Equipment Manual for (i) A document from an authorized CS or the government of the vessel's
foreign tank vessels: Submission. flag state certifying that the vessel complies with the design, equipment and
If the owner or operator of a foreign tank vessel having a COW system installation standards in §§157.122 through 157.136 and any amending
under §157.10(e), §157.10a(a)(2), or §157.10c(b)(2) desires a Coast Guard letters approving changed COW system characteristics; or
approved Crude Oil Washing Operations and Equipment Manual under (ii) The letter of acceptance under §157.106 and any amending letters
§157.112, the owner or operator must submit two copies of a manual that issued under §157.158(c).
meets §157.138 to the Commandant (G-MOC), U.S. Coast Guard, (Repotting and recordkeeping requirements approved by the Office of
Washington, DC 20593-1000. Management and Budget under control number 2115-0520)
(Reporting and recordkeeping requirements approved by the Office of [CGD 82-28, 50 FR 11627 and 1630, Mar. 22, 1985]
Management and Budget under control number 2115-0520)
[CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, as amended by CGD 88- 157.110 Waiver of required documents.
052, 53 FR 25122, July 1, 1988; 61 FR 33660, June 28, 1996] The Coast Guard waives the requirement for the letter under §157.116(b),
if a U.S. tank vessel engages in a voyage, or under §157.118(b)(2)(ii), if a
157.112 Approved Crude Oil Washing Operations and Equipment foreign tank vessel enters the navigable waters of the United States or
Manual transfers cargo at a port or place subject to the jurisdiction of the United
If the manuals submitted under §157.108 or §157.110 meet §157.138, States, for the purpose of being inspected under §157.140.
the Coast Guard approves the manuals and forwards one of the approved
manuals to the submitter. Design, Equipment, and Installation
157.112 Piping, valves, and fittings.
(a) Except as allowed in paragraph (o) of this section, the piping, valves,
157.114 Crude Oil Washing Operations and Equipment Manual: Not and fittings of each COW system must:
approved. (1) Meet 46 CFR Part 56; and
If the manuals submitted under §157.108 or §157.110 are not approved, (2) Be of steel or an equivalent material accepted by the Commandant
the Coast Guard forwards a letter to the submitter with the reasons why the (b) The piping of each COW system must be permanently installed.
manuals were not approved. (c) The piping of each COW system must be separate from other piping
systems on the vessel, except that the vessel's cargo piping may be a part
157.118 Required documents: Foreign tank vessels. of the COW piping if the cargo piping meets this section.
(a) The owner, operator, and master of a foreign tank vessel under (d) The piping of each COW system must have overpressure relief valves
§157.10(e) or §157.10a(a)(2) shall ensure that the vessel does not enter the or other means accepted by the Commandant to prevent overpressure in the
navigable waters of the United States or transfer cargo at a port or place piping of the COW system, unless the maximum allowable working
subject to the jurisdiction of the United States unless the vessel has on pressure of that system is greater than the shut-off head of each pump that
board— meets §157.126(b).
(1) The Crude Oil Washing Operations and Equipment Manual (e) Each overpressure relief valve must discharge into the suction side
that— of a pump that meets §157.126(b).
(i) Is approved under §157.112; or (f) The piping and equipment of a COW system may not be in machinery
(ii) Meets the manual standards in Resolution 15 of the MARPOL spaces.
Protocol and bears the approval of the government of the vessel's flag
state, and

PAGE 14
33 CFR PART 157
270
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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M.E.T. PUBLICATION 515 — 5TH EDITION
(e) If the stripping system has a positive displacement pump or a self (i) Pressure and flow of the crude oil pumped to the COW machines.
priming centrifugal pump, the stripping system must have the following: (ii) Revolutions, number of cycles, and length of cycles of each COW
(1) In the stripping system piping: machine.
(i) A pressure gauge at the inlet connection to the pump; and (iii) Pressure and flow of the stripping suction device.
(ii) A pressure gauge at the discharge connection to the pump. (iv) Number and location of COW machines operating simultaneously in
(2) At least one of the following monitoring devices to indicate operation each cargo tank.
of the pump. (6) The design oxygen content of the gas or mixture of gases that is
(i) Flow indicator. supplied by the inert gas system to each cargo tank.
(ii) Stroke counter. (7) The results of the inspections recorded when passing the inspections
(iii) Revolution counter. under §157.140.
(f) If the stripping system has an eductor, the stripping system must (8) Characteristics of the COW system recorded during the COW
have: operations when passing the inspections under §157.140 that includes the
(1) A pressure gauge at each driving fluid intake and at each discharge; following:
and (i) Pressure and flow of the crude oil pumped to the COW machines.
(2) A pressure/vacuum gauge at each suction intake. (ii) Revolutions, number of cycles, and length of cycles of each COW
(g) The equipment required under paragraphs (e) and (f) of this section machine.
must have indicating devices in the cargo control room or another location (iii) Pressure and flow of the stripping device.
that is accepted by the Commandant. (iv) Number and location of COW machines operating simultaneously in
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR each cargo tank.
11627. Mar. 22, 1985] (9) The oxygen content of the gas or mixture of gases that is supplied by
the inert gas system to each cargo tank recorded during COW operations
157.130 Crude oil washing with more than one grade of crude oil. when passing the inspections under §157.140.
If a tank vessel having a COW system under §§157.10(e), 157.10a(a)(2), (10) The volume of water used for water rinsing recorded during COW
or 157.10c(b)(2) carries more than one grade of crude oil, the COW system operations when passing the inspections under §157.140.
must be capable of washing the cargo tanks with the grades of crude oil (11) The trim conditions of the tank vessel recorded during COW
that the vessel carries. operations when passing the inspections under §157.140.
[CGD 82-28, 50 FR 11627, Mar. 22, 1985] (12) The procedure for stripping cargo tanks of crude oil.
(13) The procedure for draining and stripping the pumps and piping of
the COW system, cargo system, and stripping system after each crude oil
157.132 Cargo tanks: Hydrocarbon vapor emissions.
cargo discharge.
Each tank vessel having a COW system under §157.10a(a)(2) or
(14) The procedure for crude oil washing cargo tanks that includes the
§157.10c(b)(2) without sufficient segregated ballast tanks or dedicated
following:
clean ballast tanks to allow the vessel to depart from any port in the United
(i) The tanks to be crude oil washed to meet §157.160.
States without ballasting cargo tanks must have—
(ii) The order in which those tanks are washed.
(a) A means to discharge hydrocarbon vapors from each cargo tank that (iii) The single-stage or multi-stage method of washing each tank.
is ballasted to a cargo tank that is discharging crude oil; or (iv) The number of COW machines that operate simultaneously in each
(b) Any other means accepted by the Commandant that prevents tank.
hydrocarbon vapor emissions when the cargo tanks are ballasted in port (v) The duration of the crude oil wash and water rinse.
[CGD 77-058b, 46 FR 47709, June 30, 1988, as amended by CGD 82-28, 50 FR (vi) The volume of water to be used for water rinse in each tank.
11628, Mar. 22, 1985] (15) The procedures and equipment needed to prevent leakage of crude
oil from the COW system.
157.134 Cargo tank drainage. (16) The procedures and equipment needed if leakage of crude oil from
Each cargo tank must be designed for longitudinal and transverse the COW system occurs.
drainage of crude oil to allow the tank vessel to pass the inspections under (17) The procedures for testing and inspecting the COW system for
§157.140. leakage of crude oil before operating the system.
(18) The procedures and equipment needed to prevent leakage of crude
oil from the steam heater under §157.122(1) to the engine room.
157.136 Two-way voice communications.
(19) The number of crew members needed to conduct the following:
Each tank vessel having a COW system under §157.10(e),
(i) The discharge of cargo.
§157.10a(a)(2), or § 157.10c(b)(2) must have a means that enables two-way
(ii) The crude oil washing of cargo tanks.
voice communications between the main deck watch required under (iii) The simultaneous operations in paragraphs (a)(19) (i) and (ii) of this
§157.168 and each cargo discharge control station. section.
[CGD 82-28, 50 FR 11628, Mar. 22, 1985] (20) A description of the duties of each crew member under paragraph
(a)(19) of this section.
157.138 Crude Oil Washing Operations and Equipment Manual. (21) The procedures for ballasting and deballasting cargo tanks.
(a) Each Crude Oil Washing Operations and Equipment Manual must (22) The step by step procedure for the inspection of the COW system
include the following information: by vessel personnel before COW operations begin that includes the
(1) The text of the Annex of Resolution 15 of the MARPOL Protocol. procedure for inspecting and calibrating each instrument (Operational
(2) A line drawing of the tank vessel's COW system showing the Checklist)
locations of pumps, piping, and COW machines. (23) The intervals for on board inspection and maintenance of the COW
(3) A description of the COW system. equipment Informational references to technical manuals supplied by the
(4) The procedure for the inspection of the COW system during COW manufacturers may be included in this part of the manual.
operations. (24) A list of crude oils that are not to be used in COW operations.
(5) Design characteristic information of the COW system that includes (25) The procedure to meet §157.155(a)(4).
the following:

PAGE 16
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]

PAGE 17 33 CFR PART 157


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M.E.T. PUBLICATION 515 — 5TH EDITION
(c) Is familiar with the contents of the Crude Oil Washing Operations 157.156 COW operations: Meeting manual requirements.
and Equipment Manual approved by the Coast Guard under § 157.112 or Except as allowed in § 157.158, the master of a foreign tank vessel
by the government of the vessel's flag state. having a COW system under §§ 157.10(e), 157.10a(a)(2), or 157.10c(b)(2)
[CGD 77-058b, 45 FR 43709, June 30. 1980, as amended by CGD 82-28, 60 FR that has the Crude Oil Washing Operations and Equipment Manual
11628, Mar. 22, 1985] approved under § 157.112 and is operating in the navigable waters of the
United States or transferring cargo at a port or place subject to the
COW Operations jurisdiction of the United States and the master of a U.S. tank vessel having
157.155 COW operations: General. a COW system under § 157.10(e), § 157.10a (a)(2), or § 157.10c (b)(2)
(a) The master of a tank vessel having a COW system under §157.10(e), shall ensure that during each COW operation—
§157.10a(a)(2), or 157.10c(b)(2) shall ensure that— (a) The procedures listed in the Crude Oil Washing Operations and
(1) Before crude oil washing a cargo tank, the level in each tank with
Equipment Manual are followed; and
crude oil that is used as a source for crude oil washing is lowered at least (b) The characteristics recorded in the Crude Oil Washing Operations
one meter;
and Equipment Manual under § 157.150(b) are met.
(2) A tank used as a slop tank is not used as a source for crude oil [CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR
washing until: 11628, Mar. 22, 1985]
(i) Its contents are discharged ashore or to another tank; and
(ii) The tank contains only crude oil;
(3) During COW operations: 157.158 COW operations: Changed characteristics.
(i) The valves under §157.122(i)(1) are shut; or The COW system may be operated with characteristics that do not meet
(ii) The blanks under §157.122(i)(2) are installed; those recorded under § 157.150(b) only if:
(4) The rotation of each COW machine mounted to or close to the (a) The tank vessel passes the inspections under § 157.140 using the
bottom of each cargo tank is verified by: changed characteristics;
(i) A visual inspection of a means located outside of the cargo tank that (b) The changed characteristics used to pass the inspections under
indicates movement of the machine during COW operations; § 157.140 are recorded in the Crude Oil Washing Operations and
(ii) An audio inspection during COW operations; or Equipment Manual approved under § 157.112; and
(iii) An inspection on a ballast voyage, with water as the fluid flowing (c) The Coast Guard issues to the tank vessel an amending letter stating
through the machine; that the tank vessel complies with this subpart with these characteristics.
(5) During the audio inspection under paragraph (a)(4)(ii) of this section,
the COW machine being inspected is the only one operating in that tank; 157.160 Tanks: Ballasting and crude oil washing.
(6) Before the inspection under paragraph (a)(4)(iii) of this section, the (a) The owner, operator, and master of a tank vessel under § 157.10(e)
tank that has the COW machine being inspected in it, is gas freed; shall ensure that:
(7) Each COW machine that is inspected under paragraph (a)(4)(iii) of (1) Ballast water is carried in a cargo tank only as allowed under
this section is inspected at least once after every sixth COW operation of § 157.35;
that machine, but no less that once every 12 months; (2) For sludge control, at least 25 percent of the cargo tanks are crude
(8) After each stripping operation is completed, each tank: oil washed before each ballast voyage and that each cargo tank is crude oil
(i) Is sounded by a means under §157.128(b); and washed at least once every fourth time crude oil is discharged from the
(ii) Contains no oil except a minimal quantify near the stripping suction; tank, but no tank need be crude oil washed more than once during each
(9) Before the tank vessel begins each ballast voyage, each cargo tank 120 day period;
and each cargo main, stripping, and COW piping is stripped of crude oil (3) Ballast water in a cargo tank that is crude oil washed but not water
and the strippings are conveyed ashore through the piping under §§ rinsed during or after the most recent discharge of crude oil from that tank
157.11(d)(3) or 157.11(e)(4); is discharged in accordance with § 157.37(a); and
(10) Before water washing the cargo tanks, the piping of the COW system (4) Cargo tanks are not crude oil washed during a ballast voyage.
is drained of crude oil; (b) The owner, operator, and master of a tank vessel having a COW
(11) When the cargo tanks are not being water washed, the hydrant system under § 157.10a (a)(2) or § 157.10c (b)(2) shall ensure that—
valves under §157.122(g) are blanked off; (1) Ballast water is carried only in a cargo tank that is crude oil washed
(12) If COW machines that are used as anchors for the piping of the
during or after the most recent discharge of crude oil from that tank;
COW system are removed, the means available under §157.122(1) for
(2) Before each ballast voyage a sufficient number of cargo tanks have
anchoring the piping are installed;
been crude oil washed during or after the most recent discharge of crude
(13) The fire main is not connected to the COW system; and
oil from those tanks to allow ballast water to be carried in cargo tanks:
(14) On combination carriers, if flexible hoses under §157.122(o) are
(i) With a total capacity to meet the draft and trim requirements in
used, those hoses are protectively stowed when not installed in the COW
§ 157.10a(d); and
piping system.
(ii) For the vessel's trading pattern and expected weather conditions;
(b) In addition to meeting paragraph (a) of this section, the master of a
(3) For sludge control, at least 25 percent of the cargo tanks not used for
tank vessel having a COW system under §157.10a(a)(2) or §157.10c(b)(2)
carrying ballast water under paragraph (b)(2)(i) of this section are crude oil
shall ensure that—
washed before each ballast voyage, and that each cargo tank is crude oil
(1) Before ballasting cargo tanks upon leaving a port, each cargo pump,
washed at least once every fourth time crude oil is discharged from the
manifold, and piping that is used for ballasting the cargo tanks is drained
tank, but no tank need be crude oil washed more than once during each
of all crude oil; and
120 day period;
(2) Before ballasting or deballasting cargo tanks, except when ballasting (4) Cargo tanks are not crude oil washed during a ballast voyage; and
cargo tanks to leave a port, the cargo piping that is used for ballasting or (5) Ballast water in a cargo tank that is crude oil washed but not water
deballasting the cargo tanks is water washed. rinsed during or after the most recent discharge of crude oil from that tank
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR is discharged in accordance with § 157.37(a).
11628, Mar. 22, 1985] [CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR
11628, Mar. 22, 1985]

PAGE 18
33 CFR PART 157
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]

157.166 Hydrocarbon emissions. 157.204 Letter of acceptance.


If the tank vessel having a COW system under § 157.10a (a)(2) or The Coast Guard informs the submitter by letter that the plans submitted
§ 157.10c (b)(2) transfers cargo at a port in the United States that is in an under §157.200 or the plans and documents submitted under §157.202 are
area designated in 40 CFR Part 81 as an area that does not meet the accepted, if the plans submitted under §157.200 or the plans and documents
national primary ambient air quality ozone standard under 40 CFR Part 50, submitted under § 157.202 show that the dedicated clean ballast tank
issued under the Clean Air Act, as amended (42 U.S.C. 1857), the master system meets this subpart.
of the vessel shall ensure that when cargo tanks are ballasted in that port
the hydrocarbon vapors in each tank are contained by a means under 157.208 Dedicated Clean Ballast Tanks Operations Manual for foreign
§157.132. tank vessels: Submission.
Note: Questions relating to whether or not a particular port is located in If the owner or operator of a foreign tank vessel meeting
an area designated in 40 CFR Part 81 as an area that does not meet the §157.10a(b),§157.10a(c)(2),§157.10b(a)(2),or § 157.10c (c)(2) desires
national primary ambient air qualify standard under 40 CFR Part 50 should a Coast Guard approved Dedicated Clean Ballast Tanks Operations
be directed to the Plans Analysis Section of the Environmental Protection Manual under § 157.210, the owner or operator must submit two copies
Agency at (919) 541-5665. of a manual that meets § 157.224 to the Commandant (G-MOC), U.S.
[CGD 82-28, 50 FR 11628, Mar. 22, 1985] Coast Guard, Washington, D.C. 20593-0001.
(Reporting and recordkeeping requirements approved by the Office of
157.168 Crew member: Main deck watch. Management and Budget under control number 2115-0520).
During COW operations, the master shall ensure that at least one [CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985, as amended by CGD 88-
member of the crew with a designated responsibility for monitoring COW 052, 53 FR 25122, July 1, 1988; 61 FR 33660, June 28, 1996]
operations is on the main deck at all times.
157.210 Approved Dedicated Clean Ballast Tanks Operations Manual
157.170 COW equipment: Removal. If the manuals submitted under § 157.206 or § 157.208 meet § 157.224,
(a) Whenever a deck mounted COW machine is removed from the tank,

PAGE 19 33 CFR PART 157


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M.E.T. PUBLICATION 515 — 5TH EDITION
the Coast Guard approves the manuals and forwards one of the approved (b) Each tank under paragraph (a) of this section must be:
manuals to the submitter. (1) A wing tank; or
(2) Any other tank that is accepted by the Commandant
157.212 Dedicated Clean Ballast Tanks Operations Manual: Not [CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 79-152, 45 FR
approved. 82250, Dec. 15, 1980]
If the Dedicated Clean Ballast Tanks Operations Manual submitted
under 157.222 Pump and piping arrangements.
§ 157.206 or § 157.208 is not approved, the Coast Guard forwards a letter (a) Dedicated clean ballast tanks must be connected to the least
to the submitter with the reasons why the manual was not approved. practicable:
(1) Number of pumps; and
157.216 Required documents: Foreign tank vessels. (2) Amount of piping.
(a) The owner, operator, and master of a foreign tank vessel meeting (b) Each piping system that is arranged to convey clean ballast and cargo
§157.10a(b), §157.10a(c)(2), §157.10b(a)(2), or § 157.10c (c)(2) shall must be designed to be flushed to the slop tank with water.
ensure (c) The piping system of each dedicated clean ballast tank must be
that the vessel does not enter the navigable waters of the United States or arranged so that oily water does not enter any dedicated clean ballast tank
transfer cargo at a port or place subject to the jurisdiction of the United when the piping system is flushed.
States unless the vessel has on board— (d) The piping system of each dedicated clean ballast tank must have at
(1) The Dedicated Clean Ballast Tank Operations Manual that— least two valves that isolate that tank from each cargo tank.
(i) Is approved under §157.210; or (e) The piping system of the dedicated clean ballast tanks must have a
(ii) Is certified by the government of the vessel's flag state because it sample point that is located in a vertical section of discharge piping.
meets the manual standards in Resolution 14 of the MARPOL Protocol; and Note: An example of a sample point is shown in 46 CFR Figure
(2) Either of the following: 162.050-17(e).
(i) A letter from the government of the vessel's flag state that certifies
that the vessel complies with Resolution 14 of the MARPOL Protocol. 157.224 Dedicated Clean Ballast Tanks Operations Manual
(ii) The letter of acceptance under §157.204 and each amending letter Each Dedicated Clean Ballast Tanks Operations Manual must include
issued under §157.218(c). the following information:
(b) On January 1,1986, or 15 years after the date it was delivered to the (a) The text of the Annex of Resolution 14 of the MARPOL Protocol.
original owner or 15 years after the completion of a major conversion, (b) A description of the dedicated clean ballast tanks system.
whichever is later, the owner, operator, and master of a foreign tank vessel (c) A procedure for dedicated clean ballast tanks operations.
under §157.10c(c)(2) shall ensure that the vessel does not enter the Note: Appendix D is an example of such a procedure.
navigable waters of the United States or transfer cargo at a port or place
Dedicated Clean Ballast Tanks Operations
subject to the jurisdiction of the United States unless the vessel has on
157.225 Dedicated clean ballast tanks operations: General
board—
The master of a tank vessel meeting §157.10a(b), §157.10a(c)(2),
(1) The Dedicated Clean Ballast Tank Operations Manual that—
§157.10b(a)(2), or §157.10c(c)(2) shall ensure that—
(i) Is approved under §157.210; or
(ii) Bears a certification by an authorized CS or the government of the (a) Before clean ballast in any dedicated clean ballast tank is discharged
vessel's flag state that the manual meets § 157.224; and or transferred, the pump and piping system for conveying the clean ballast
(2) Either of the following: are flushed with water;
(i) A letter from an authorized CS or the government of the vessel's flag (b) Before any dedicated clean ballast tank is ballasted, the pump and
state certifying the vessel complies with §§157.220 and 157.222, and any piping system for conveying the ballast are flushed with water;
amending letters issued approviding alterations. (c) Before the pump and piping system of the dedicated clean ballast
(ii) The letter of acceptance under §157.204 and each amending letter tanks are used for cargo transfer:
issued under §157.218. (1) If water in the dedicated clean ballast tanks is used for flushing the
(Reporting and recordkeeping requirements approved by the Office of pump and piping system, the volume of water for flushing is equal to at
Management and Budget under control number 2115-0520) least 10 times the volume of the piping to be flushed;
[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985] (2) The piping system is drained of fluid; and
(3) The valves under §157.222(d) are closed;
(d) Flushing water is pumped from a sea chest or a dedicated clean
157.218 Dedicated clean ballast tanks: Alterations. ballast tank through the pump and piping system of the dedicated clean
The dedicated clean ballast tanks or equipment on a tank vessel that has ballast tanks and then to a slop tank;
a letter issued under §157.204 may not be altered so that they no longer (e) Clean ballast from each dedicated clean ballast tank is discharged in
meet the plans accepted under that section unless: accordance with §157.43;
(a) The owner or operator of that vessel submits plans that show the (f) When the pump and piping system are being flushed:
alterations to the Coast Guard official to which the plans were submitted (1) The oil content of the flushing water in the piping system is
under §157.200 or §157.202; monitored; and
(b) The owner or operator of that vessel submits changes to the manual (2) The pump and piping system are flushed until the oil content of the
under § 157.224 that show and describe the alterations to the Coast Guard flushing water in the piping stabilizes; and
official to which the manuals were submitted under § 157.206 or § 157.208; (g) If any pump or piping system that is flushed to meet paragraph (f)
and of this section is used to convey cargo during an emergency, that pump or
(c) The Coast Guard issues to the tank vessel an amending letter stating piping system is flushed again to meet paragraph (f) of this section before
that the vessel, as altered, complies with this subpart. being used to convey clean ballast
[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR
Design and Equipment
157.220 Dedicated clean ballast tanks: Standards. 11629, Mar. 22, 1985]
(a) Cargo tanks that are designated as dedicated clean ballast tanks must
allow the tank vessel to meet the draft and trim requirements under
§§157.10a(d) and 157.10b(b).

33 CFR PART 157 PAGE 20


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M.E.T. PUBLICATION 515 — 5TH EDITION
157.226 Dedicated Clean Ballast Tanks Operations Manual: ballast water and cargo residues to each listed shore based reception
Procedures to be followed. facility.
The master of a foreign tank vessel meeting §157.10a(b), §157.10a(c)(2), (c) Each request for modification to an exemption must include the
§157.10b(a)(2), or §157.l0c(c)(2) that has the Dedicated Clean Ballast following:
Tanks Operations Manual approved under §157-210 and is operating in (1) The name and official number of the vessel for which the
the navigable waters of the United States or transferring cargo at a port or modification to the exemption is requested.
place subject to the jurisdiction of the United States and the master of a (2) The reason for requesting modification of the exemption.
U.S. tank vessel meeting §157.10a(b), §157.10a(c)(2), §157.10b(a), or (3) Any additional information which is pertinent to the modification.
§ 157.10c(c)(1) shall ensure that the procedure listed in the Dedicated [CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR
Clean Ballast Tanks Operations Manual are followed. 11630,Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; 61 FR 33660,
[CGD 82-28, 50 FR 11629, 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

PAGE 21 33 CFR PART 157


277
M.E.T. PUBLICATION 515 — 5TH EDITION
(a) The vessel trades only between ports or places within the United 157.415 Bridge resource management policy and procedures.
States, its territories or possessions; (a) Not later than February 1, 1997, a tankship owner or operator shall
(b) The vessel loads cargo only at ports or places listed in the exemption; provide written policy and procedures to masters and officers in charge of
(c) Except as allowed under §157.41 (a) and (b) of this part, any ballast the navigational watch concerning the need for continuously reassessing
water, except segregated ballast discharged in accordance with §157.43(b) how bridge-watch resources are being allocated and used, based on bridge
of this part, and any tank washing or cargo residues are: resource management principles. This written policy and procedures must
(1) Retained on board; or include vessel and crew specific examples that address the following:
(2) Transferred to a shore-based reception facility that is listed in the (1) The number of qualified individuals that should be on watch to
application for exemption, or in the case of an emergency or a shipyard ensure that all duties can be performed effectively.
entry, an alternative acceptable to the cognizant Officer in Charge, Marine (2) The appropriate qualifications of all members of the navigational
Inspection; watch, the importance of confirming that all members of the watch are fit
(d) The vessel loads only those cargoes listed in the exemption; and for duty, and the need to ensure that all members of the navigational watch
(e) The letter under §157.306 that grants the exemption is on board the
are not impaired by fatigue.
vessel; or
(3) The need to take into account any known limitation in qualifications
(f) The certificate of inspection bearing the following endorsement is on
or fitness of individuals when making navigational and operational
board the vessel:
decisions.
Exempted under 33 CFR 157.306 from the requirements of (33 CFR
(4) The need to be clear and unambiguous in assigning duties and the
157.10a or 157.10c, whichever is appropriate, will be inserted). This vessel
need to establish that the individual understands his or her responsibilities.
may not discharge cargo in any foreign port, nor may it load cargo in a
(5) The need to perform tasks in a clear order of priority and to adjust
port other than the following: (a list of ports contained in the application
the priority of tasks as circumstances may require.
that is accepted by the Coast Guard for the exempted vessel will be
(6) The importance of assigning and reassigning members of the watch
inserted here).
to locations where they can perform their duties most effectively.
[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR
(7) Conditions that warrant task reassignment among members of the
17630, Mar. 22, 1985] watch.
(8) The instruments and equipment necessary for the effective
Subpart G—Structural And Operational Measures performance of each task and appropriate actions if the instruments and
For Certain Tank Vessels Without Double Hulls equipment are not available or not functioning properly.
Carrying Petroleum Oils (9) The need for, and examples of, clear, immediate, reliable, and
SOURCE: CGD 91-045, 59 FR 40188, Aug. 5, 1994, unless otherwise relevant communication among members of the navigational watch.
noted. (10) The action to be taken to suppress, remove, and avoid nonessential
activity and distractions on the bridge.
157.400 Purpose and applicability. (11) The importance of collecting, processing, and interpreting all
(a) The purpose of this subpart is to establish mandatory safety and essential information and making it conveniently available to other
operational requirements to reduce environmental damage resulting from members of the navigational watch and the pilot, as necessary to perform
petroleum oil spills. their duties.
(b) This subpart applies to each tank vessel specified in 157.01 of this (12) The need to ensure that nonessential materials are not placed on the
part that— bridge.
(1) Is 5,000 gross tons or more; (13) The need to ensure that members of the navigational watch are
(2) Carries petroleum oil in bulk as cargo or cargo residue; and prepared to respond at all times efficiently and effectively to changes in
(3) Is not equipped with a double hull meeting 157.10d of this part, or circumstances.
an equivalent to the requirements of 157.10d, but required to be equipped (b) Beginning not later than February 1, 1997, a tank barge owner or
with a double hull at a date set forth in 46 U.S.C. 3703a (b)(3) and (c)(3). operator shall not permit the barge to be towed unless those individuals
[61 FR 39770, July 30, 1996] assigned to duties that are similar to the duties of the officer in charge of
a navigational watch on the primary towing vessel have been provided
157.410 Emergency lightering requirements for oil tankers. written bridge resource management policy and procedures as specified in
No later than August 5, 1995, each oil tanker, to which this subpart paragraph (a) of this section.
applies, shall carry the equipment listed in paragraphs (a), (b), and (c) of [61 FR 39770, July 30, 1996]
this section. This equipment shall be located on the main deck, in the cargo
control room, in the pump room, or in the forecastle locker. This equipment 157.420 Vessel specific watch policy and procedures.
must be protected from the weather and must be stored in one (a) Not later than February 1,1997, the owner or operator of a tankship
separate and marked location which is as convenient to the cargo manifold, shall provide written policy and procedures to masters concerning the need
as is practicable. fix each individual who is newly employed on board the vessel to have a
(a) Reducers, adapters, bolts, washers, nuts, and gaskets to allow at least reasonable opportunity to become familiar with the shipboard equipment,
two simultaneous transfer connections to be made from the vessel's cargo operating procedures, and other arrangements needed for the proper
manifold to 15-centimeter (6-inch), 20-centimeter (8-inch), and 25– performance of their duties, before being assigned to such duties. This
centimeter (10-inch) cargo hoses. All reducers must be permanently marked written policy and procedures shall be followed by the master and shall
with sizes. include the following:
(b) One extra set of adapters, bolts, washers, nuts, and gaskets per (1) Allocation of a reasonable and appropriate time period for each
reducer set must be carried as spares. newly employed individual to allow him or her the opportunity to become
(c) Reducers, bolts, and gaskets must meet the requirements of 46 CFR acquainted with the following:
subpart 56.25. Cast iron and malleable iron must not be used. (i) The specific equipment the individual will be using or operating; and
[61 FR 39770, July 30, 1996] (ii) The vessel specific watchkeeping, safety, environmental protection,
and emergency procedures and arrangements the individual needs to know
to perform the assigned duties properly.

PAGE 22
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

33 CFR PART 157


PAGE 23
279
M.E.T. PUBLICATION 515 — 5TH EDITION
(3) The anticipated under-keel clearance must be calculated by operational requirements to reduce environmental damage resulting from
subtracting the tankship's deepest navigational draft from the anticipated the discharge of animal fat or vegetable oil.
controlling depth. The tankship's calculated deepest navigational draft, (b) This subpart applies to each tank vessel specified in 157.01 of this
anticipated controlling depth, and the calculated anticipated under-keel part that—
clearance must be recorded in the tankship's log or in other onboard (1) Is 5,000 gross tons or more;
documentation. (2) Carries animal fat or vegetable oil in bulk as cargo or cargo residue;
(4) The tankship shall discuss with the pilot the anticipated under-keel and
clearance calculation and its possible impact on the tankship's planned (3) Is not equipped with a double hull meeting 157.10d of this part, or
transit. an equivalent to the requirements of 157.10d, but required to be equipped
(5) The tankship master shall— with a double hull at a date set forth in 46 U.S.C. 3703a (b)(3) and (c)(3).
(i) Inform the tankship owner or operator of the calculated anticipated
under-keel clearance, unless the owner or operator has provided the master 157.510 Operational measures.
with written port specific under-keel clearance guidance. An owner or operator of a tank vessel that carries animal fat or vegetable
(ii) Record the communication with the owner or operator in the oil in bulk as cargo or cargo residue shall comply with the requirements in
tankship's log or other documentation, if there is no written port specific all sections of subpart G of this part
under-keel clearance guidance provided by the owner or operator.
(6) Having been informed by the master of the anticipated under-keel Subpart I—Structural and Operational Measures for
clearance, the owner or operator shall not allow the tankship to proceed if Certain Tank Vessels Without Double Hulls Carrying
the tankship's transit would not be prudent considering, but not limited to, Other Non-Petroleum Oil.
the anticipated under-keel clearance, any COTP under-keel clearance SOURCE: 61 FR 39770, July 30, 1996, unless otherwise noted.
guidance, and the pilot's recommended clearance.
(b) The owner or operator of a tank barge, that is not fitted with a
157.600 Purpose and applicability.
double bottom that covers the entire cargo tank length, shall not permit the
(a) The purpose of this subpart is to establish mandatory safety and
barge to be towed unless the primary towing vessel master or operator has
operational requirements to reduce environmental damage resulting from
been provided with written port specific under-keel clearance guidance that
the discharge of other non-petroleum oil.
includes—
(b) This subpart applies to each tank vessel specified in 157.01 of this
(1) Port specific minimum under-keel clearance requirements;
part that—
(2) Factors to consider when calculating the tank barge's deepest
(1) Is 5,000 gross tons or more;
navigational draft;
(2) Carries other non-petroleum on in bulk as cargo or cargo residue; and
(3) Factors to consider when calculating the anticipated controlling depth;
(4) Consideration of port specific weather or environmental conditions; (3) Is not equipped with a double hull meeting 157.10d of this part, or
and an equivalent to the requirements of 157.10d, but required to be equipped
(5) Conditions which mandate when the tank barge owner or operator with a double hull at a date set forth in 46 U.S.C. 3703a (b)(3) and (c)(3).
shall be contacted prior to port entry or getting underway; if no such
conditions exist, the guidance must contain a statement to that effect 157.610 Operational measures.
[61 FR 39770, July 30, 1996] An owner or operator of a tank vessel that carries other non-petroleum oil
in bulk as cargo or cargo residue shall comply with the requirements in all
157.460 Additional operational requirements for tank barges. sections of subpart G of this part.
(a) Emergency steering capability. The owner or operator of each tank
barge shall not permit the barge to be towed unless, by November 27,
Appendix A to Part 157—Damage Assumptions,
1997, the primary towing vessel has— Hypothetical Outflows, and Cargo Tank Size and
(1) A steering gear system with a main power unit, an alternative power Arrangements.
unit, and two remote steering gear control systems, except that separate 1. Source. The procedures for the damage assumption calculations
steering wheels or steering levers are not required. The steering gear contained in this Appendix conform to Regulations 22, 23, and 24 of
control systems must be arranged so that if the system in operation fails, Annex I of the International Convention for the Prevention of the Pollution
the other system can be brought into immediate operation from a position from Ships, 1973, done at London, November 2, 1973.
on the navigating bridge; or 2. Assumptions. For the purpose of calculating hypothetical outflow from
(2) Twin screw propulsion with separate control systems for each tank vessels, three dimensions of the extent of damage of a parallelepiped
propeller. on the side and bottom of the vessel are assumed.
(b) Fendering system. An owner or operator of a tank barge shall not (a) For side damage, the conditions are as follows:
permit the barge to be towed unless the primary towing vessel and any
fleeting or assist towing vessels have a tendering system that is of
substantial size and composition to prevent metal to metal contact between Damage Conditions
the towing vessel and the barge during maneuvering operations. 2/3
(1) Longitudinal extent lc ....... 1/3 L or 14.5 m, whichever is
[61 FR 39770, July 30, 1996]
less.
Subpart H—Structural and Operational Measures (2) Transverse extent (tc) (inboard B
for Certain Tank Vessels Without Double Halls from the vessel's side at right —or 11.5 m, whichever is 5 less.
Carrying Animal Fat or Vegetable Oil angles to the centerline at the
level corresponding to the as
SOURCE: 61 FR 39770, July 30, 1996, unless otherwise noted. signed summer freeboard)
(3) Vertical extent (vc) ......... From the base line upwards without
157.500 Purpose and applicability. limit
(a) The purpose of this subpart is to establish mandatory safety and

33 CFR PART 157 PAGE 24


280
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) For bottom damage, two conditions to be applied individually to the (2) Suction wells may be neglected in the determination of the value h,
stated portions of the vessel, as follows: if such wells are not excessive in area and extend below the tank for a
minimum distance and in no case more than half the height of the double
Damage Conditions bottom. If the depth of such a well exceeds half the height of the double
bottom, h, is taken equal to the double bottom height minus the well height
For 0.3L from the forward Any other part of ship (d) In the case where bottom damage simultaneously involves four
perpendicular of ship center tanks, the value of Os may be calculated according to formula III as
(1) Longitudinal L/10 L/10 or 5 meters, follows:
(lg) whichever is less Os = 1 / 4(∑ Z i Wi + ∑ Z i Ci )
(2) Transverse extent B/6 or 10 meters, 5 meters.
(tg) is less but not less than 5 (e) Credit for reduced oil outflow from bottom damage may be applied
meters to formula III for an installed emergency high suction cargo transfer system
(3) Vertical extent B/15 or 6 meters, B/15 or 6 meters, that:
from the base line is less whichever is less. (1) transfers within two hours oil equal to one half of the volume of the
( ) largest tank involved;
(2) has sufficient ballast or cargo tankage available to receive the
3. Hypothetical Outflow of Oil. (a) The hypothetical outflow of oil in the transferred oil; and
case of side damage (Oc) and bottom damage (Og) is calculated by the (3) has the high suction piping installed at a height not less than the
following formula with respect to compartments breached by damage to all vertical extent of bottom damage (vg).
conceivable locations along the length of the vessel to the extent as defined 4. Allowable volumes of cargo tanks.
in section 2 of this Appendix. (a) The allowable volume of a wing cargo tank (VOLw) is equal to
(1) For side damages: Formula seventy-five percent of OA. In a segregated ballast tank vessel VOLw may
equal OA for a wing cargo oil tank located between two segregated ballast
O c = ∑ Wi + ∑ K i Ci
tanks each of length greater than lc and width greater than tc.
(2) For bottom damage: Formula II (b) The allowable volume of a center cargo tank (VOLc) is 50,000 cubic
Os = 1 / 3(∑ Z i Wi + ∑ Z i Ci ) meters.
5. Allowable length of cargo tanks.
Where: The length of each cargo tank (la) must not exceed 10 meters or the
Wi=Volume of a wing tank assumed to be breached by the damage as distance calculated from (a), (b), or (c), as appropriate, whichever is
specified in section 2 of this Appendix; Wi for a segregated ballast tank greater:
may be taken equal to zero; (a) Where no longitudinal bulkhead is provided inside the cargo tanks:
Ci=Volume of a center tank assumed to be breached by the damage as la=[0.5(bi/B)+0.1] L, but not to exceed 0.2L.
specified in section 2 of this Appendix; Ci for a segregated ballast tank (b) Where a centerline longitudinal bulkhead is provided inside the cargo
may be taken equal to zero; tanks: la=[0.25(bi/B)+0.15] L, but not to exceed 0.2L.
bi (c) Where two or more longitudinal bulkheads are provided inside the
Ki = 1 − cargo tanks:
tc
(1) For wing cargo tanks: la = 0.2L.
when bi is equal to or greater than tc, Ki is equal to zero; (2) For center cargo tanks:
hi (i) If (bi/B) is equal to or greater than 0.2, la = 0.2L.
Zi = 1 −
vs (ii) If (bi/B) is less than 0.2:
(A) Where no centerline longitudinal bulkhead is provided, la =
when h, is equal to or greater than vs, Zi is equal to zero;
[0.5(bi/B) + 0.1] L.
bi=Minimum width of wing tank under consideration measured inboard
(B) Where a centerline longitudinal bulkhead is provided, la =
from the vessel's side at right angles to the centerline at the level
[0.25(bi/B) + 0.15] L.
corresponding to the assigned summer freeboard; and
(d) "bi" is the minimum distance from the ship's side to the outer
hi=Minimum depth of the double bottom under consideration; where no
longitudinal bulkhead of the tank in question, measured inboard at right
double bottom is fitted, h, is equal to zero.
angles to the centerline at the level corresponding to the assigned summer
(b) If a void space or segregated ballast tank of a length less than lc is
freeboard.
located between wing oil tanks, Oc in formula I of this section may be
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 74-32, 40 FR
calculated on the basis of volume W, being the actual volume of one such
tank (where they are of equal capacity) or the smaller of the two tanks (if 49328, Oct. 22, 1975; CGD 90-051, 57 FR 36245, Aug. 12, 1992]
they differ in capacity), adjacent to such space, multiplied by Si as defined
below and taking for all other wing tanks involved in such a collision the Appendix B to Part 157—-Subdivision and Stability
value of the actual full volume. Assumptions
li 1. Source. The procedures for the loading assumption calculations
Si = 1 − contained in this Appendix conform to Regulation 25 of Annex I of the
lc
International Convention for the Prevention of the Pollution from Ships,
Where length of void space or segregated ballast tank under consideration. 1973, done at London, November 2, 1973.
(c) Credit is only given in respect to double bottom tanks which are 2. Loading Assumptions. For the purpose of calculating subdivision and
either empty or carrying clean water when cargo is carried in the tanks damage stability for a tank vessel, the operating drafts must reflect actual
above. partial or full load conditions consistent with trim and strength of the
(1) If the double bottom does not extend for the full length and width of vessel. Ballast conditions need not be considered if the tank vessel is not
the tank involved, the double bottom is considered nonexistent and the carrying oil in cargo tanks excluding oily residues. Loading condition must
volume of the tanks above the area of the bottom damage must be included reflect the specific gravities of the cargo.
in formula II of this section even if the tank is not considered breached 3. Damage Assumptions.
because of the installation of such a partial double bottom. (a) Damage is applied to all conceivable locations along the length of the

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M.E.T. PUBLICATION 515 — 5TH EDITION
vessel as follows: (2) by assessing the shift of liquids by moment of transference
(1) For a vessel of more than 225 meters in length, anywhere in the calculations.
vessel's length. (e) In calculating the effect of free surfaces of consumable liquids, it is
(2) For a vessel of more than 150 meters, but not exceeding 225 meters to be assumed that, for each type of liquid, at least one transverse pair or
in length, anywhere in the vessel's length except where the after or forward a single centerline tank has a free surface and the tank or combination of
bulkhead bounding a machinery space located aft is involved in the damage tanks to be taken into account is to be those where the effect of free
assumption. The machinery space is calculated as a single floodable surface is the greatest
compartment.
(3) For a vessel 150 meters or less in length, anywhere in the vessel's Appendix C to Part 157 - Procedure for Determining
length between adjacent transverse bulkheads except the machinery space. Distribution of Segregated Ballast Tanks To Provide
(b) The extent and the character of the assumed side or bottom damage, Protection Against Oil Outflow in the Event of
as defined in section 2 of Appendix A of this part, must be applied except Grounding, Ramming, or Collision
longitudinal bottom damage within 0.3L from the forward perpendicular
must be assumed to be the same as that for side damage. If any damage of 1. Source. The procedure for determining the distribution of segregated
lesser extent results in a more severe condition, such damage must be ballast tanks contained in this appendix conforms to Regulation 13E of the
assumed. MARPOL Protocol.
(c) If damage involves transverse bulkheads as specified in paragraphs 2. Procedure. Protective location of segregated ballast tanks, voids, and
(a)(1) and (2) of this section, transverse watertight bulkheads must be other spaces that do not carry cargo which are within the cargo tank length
spaced at least at a distance equal to the longitudinal extent of the assumed is determined from the following:
damage specified in paragraph (b) of this section in order to be considered
effective. Where transverse bulkheads are spaced at a lesser distance, one ∑ PA C + ∑ PA S = J[L T (B + 2d )]
or more of these bulkheads within such extent of damage must be assumed Where:
as nonexistent for the purpose of determining flooded compartments. PAc=the side shell area in square meters based on projected molded
(d) If the damages between adjacent transverse watertight bulkheads is dimensions for each segregated ballast tank, void, or other space that does
within the definition contained in paragraph (a)(3) of this section, no main not carry cargo and which complies with paragraph 2(b) of this appendix;
transverse bulkhead or a transverse bulkhead bounding side tanks or double PAc=the bottom shell area in square meters based on projected molded
bottom tanks is to be assumed damaged, unless: dimensions for each segregated ballast tank, void, or other space that does
(1) the spacing of the adjacent bulkheads is less than the longitudinal not carry cargo and which complies with paragraph 2(b) of this appendix;
extent of assumed damage defined in paragraph (b) of this section; or L=the length in meters between the forward and after extremities of the
(2) there is a step or a recess in a transverse bulkhead of more than 3.05 cargo tanks,
meters in length, located within the extent of penetrations of assumed B=the maximum breadth of the ship in meters measured amidship to the
damage. The step formed by the after peak bulkhead and after peak tank molded line of the frame; and
top is not regarded as a step for these calculations. D=the molded depth in meters measured vertically from the top of the keel
(e) If pipes, ducts, or tunnels are situated within the assumed extent of plate to the top of the freeboard deck beam at the side amidships. In tank
damage, there must be arrangements so that progressive flooding may not vessels having rounded gunwales, the molded depth is measured from the
thereby extend to compartments other than those assumed to be floodable top of the keel plate to the point of intersection of the molded lines of the
for each case of damage. deck and side shell plating, the lines being extended as though the
4. Characteristic and, Condition Assumption for Calculations. gunwale were of angular design.
(a) Account must be taken of any empty or partially filled tanks, the (a) Method of determining a value for J.
specific gravity of cargoes carried, and any outflow of liquids from (1) For tank vessels for 20,000 DWT, J=0.45.
damaged compartments. (2) For tank vessels of 200,000 DWT or more:
(i) J=0.30; or
(b) The permeabilities are assumed as follows:
(ii) J=the greater of 0.20, or
Intended space use Permeability
Stores .................................……….. 0.60
Accommodation ..........................… 0.95
 (O + O S ) 
0.30 − a − C 
Machinery ..............................……. 0.85  40 A 
Voids .................................……….. 0.95
1
Consumable liquids ......................... 0 or 0.95
2
Other liquids ............................…… 10 or 0.95

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.

PAGE 26
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.

PAGE 27 33 CFR PART 157


283
M.E.T. PUBLICATION 515 — 5TH EDITION
3.3 The display of the part flow shall be arranged in a sheltered and .2 Sampling probes shall be arranged for easy withdrawal for cleaning.
readily accessible location on the upper deck or above, approved by the .3 The part flow system shall have a stop valve fitted adjacent to each
Administration (e.g. the entrance to the pump room). Regard should be probe, except that were the probe is mounted in a cargo line, two stop
given to effective communication between the location of the part flow valves shall be fitted in series, in the sample line.
display and the discharge control position. .4 Sampling probes should be of corrosion resistant and oil resistant
3.4 Samples shall be taken from relevant sections of the overboard material, of adequate strength, property jointed and supported.
discharge piping and be passed to the display arrangement through a .5 Sampling probes shall have a shape that is not prone to becoming
permanent piping system. clogged by particle contaminants and should not generate high
3.5 The part flow system shall include the following components: hydrodynamic pressures at the sampling probe tip. Figure 1 is an example
.1 Sampling probes; of one suitable shape of a sampling probe.
.2 Sample water piping system; .6 Sampling probes shall have the same nominal bore as the sample
.3 Sample feed pump(s); piping.
.4 Display arrangement; 4.2 Sample piping:
.5 Sample discharge arrangement; and, subject to the diameter of the .1 The sample piping shall be arranged as straight as possible
sample piping: between the sampling points and the display arrangement Sharp bends
.6 Flushing arrangement and pockets where settled oil or sediment may accumulate should be
.3.6 The part flow system shall comply with the applicable safety
avoided.
requirements.
.2 The sample piping shall be so arranged that sample water is conveyed
4. System Arrangement to the display arrangement within 20 seconds. The flow velocity in the
4.1 Sampling points. piping should not be less than 2 metres per second.
4.1.1 Sampling point locations: .3 The diameter of the piping shall not be less than 40 millimetres if no
.1 Sampling points shall be so located that relevant samples can be fixed flushing arrangement is provided and shall not be less than 25
obtained of the effluent being discharged through outlets below the millimetres if a pressurized flushing arrangement as detailed in paragraph
waterline which are being used for operational discharges. 4.4 is installed.
.2 Sampling points shall as far as practicable be located in pipe sections .4 The sample piping should be of corrosion-resistant and oil-resistant
where a turbulent flow is normally encountered. material, of adequate strength, properly jointed and supported.
.3 Sampling points shall as far as practicable be arranged in accessible .5 Where several sampling points are installed the piping shall be
locations in vertical sections of the discharge piping. connected to a valve chest at the suction side of the sample feed pump.
4.1.2 Sampling probes: 4.3 Sample feed pump:
.1 Sampling probes shall be arranged to protrude into the pipe a distance .1 The sample feed pump capacity shall be suitable to allow the flow
of about one fourth of the pipe diameter. rate of the sample water to comply with 4.2.2.
4.4 Flushing arrangement
.1 If the diameter of sample piping is less than 40 millimetres, a fixed
connexion from a pressurized sea or fresh water piping system shall be
installed to enable flushing of the sample piping system.
4.5 Display arrangement
.1 The display arrangement shall consist of a display chamber provided
with a sight glass. The chamber should be of a size that will
allow a free fall stream of the sample water to be clearly visible over
a length of at least 200 millimetres. The Administration may approve
equivalent arrangements.
.2 The display arrangement shall incorporate valves and piping in order
to allow a part of the sample water to bypass the display chamber to obtain
a laminar flow for display in the chamber.
.3 The display arrangement shall be designed to be easily opened and
cleaned.
.4 The internal of the display chamber shall be white except for the
background wall which shall be so coloured in order to facilitate the
observation of any change in the qualify of the sample water.
.5 The lower part of the display chamber shall be shaped as a funnel for
collection of the sample water.
.6 A test cock for taking a grab sample shall be provided in order that
a sample of the water can be examined independent of that in the chamber.
.7 The display arrangement shall be adequately lighted to facilitate
visual observation of the sample water.
4.6 Sample discharge arrangement
.1 The sample water leaving the display chamber shall be routed to the
sea or to a slop tank through piping of adequate diameter.

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

[CGD 75-124a, 48 FR 45721, Oct. 6, 1983]

33 CFR PART 157 PAGE 28


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M.E.T. PUBLICATION 515 — 5TH EDITION
relevant discharge outlet at all times. 2.4 Resolution A.445(XI) recognizes the need for early installation of oil
5.2 The sample water should be observed particularly during those discharge monitoring and control systems in order that operational
phases of the discharge operation when the greatest possibility of oil experience can be gained. That resolution further invites the Marine
contamination occurs. The discharge shall be stopped whenever any traces Environment Protection Committee (MEPC) to develop guidelines for the
of oil are visible in the flow and when the oil content meter reading progressive installation of oil discharge monitoring and control systems for
indicates oil content exceeds permissible limits. new and existing oil tankers.
5.3 On those systems that are fitted with flushing arrangements, the
sample piping should be flushed after contamination has been observed and 3. Application
additionally it is recommended that the sample piping be flushed after each 3.1 An oil discharge monitoring and control system, approved by the
period of usage. Administration, shall be fitted in every oil tanker of 150 tons gross tonnage
5.4 The ship's cargo and ballast handling manuals and, where applicable, and above, and shall be fitted in:
those manuals required for crude oil washing systems or dedicated clean .1 New (* as defined in Regulation 1(6))(2) tankers, on the date of
ballast tanks operation shall clearly describe the use of the part flow system entry into force of the Convention;
in conjunction with the ballast discharge and the slop tank decanting .2 Existing tankers, within three years of the date of entry into force
of the Convention.
procedures.
[CGD 75-124a, 48 FR 45721, Oct. 6, 1983] 3.2 Existing tankers operating with a tank cleaning procedure using crude
oil washing in accordance with Regulation 13(8) or with dedicated clean
Appendix F to Part 157 - Guidelines and Specifications ballast tanks in accordance with Regulation 13(9) must fit an oil content
for Oil Discharge Monitoring and Control meter not later than the first scheduled shipyard visit after entry into force
of the Convention.
Systems for Tankers 3.3 An incentive scheme to encourage the early installation of oil
SOURCE: IMO Resolution A.496(XII). Paragraphs 1, 2, 3, and 7 are discharge monitoring and control systems (Resolution A.445(XI)) has been
printed for information. Paragraphs 4, 5, and 6 are incorporated into developed which allows different requirements depending on the date of
§157.12. installation of the system and the size and building date of the oil tanker.
MANDATORY LANGUAGE. Wherever the word "should" is used in The terms used in the description of the various requirements are defined
this appendix, substitute the word "shall". Compliance with these in section 4 below.
provisions is mandatory.
Note. Numbered footnotes have been added by the Coast Guard for 4. Definitions
clarify. Footnotes in the original text have been inserted parenthetically in 4.1 "Oil discharge monitoring and control system"
the text and are identified by an asterisk. 4.1.1 Oil discharge monitoring and control system is a general term
covering any one of the units referred to in paragraphs 4.2, 43, and 4.4.
1. Purpose 4.2 "Control unit"
4.2.1 A control unit is a system which receives automatic signals of:
1.1 The purpose of these Guidelines and Specifications is:
.1 Oil content;
.1 To provide a uniform interpretation of the requirements of
.2 Flow rate of discharge;
Regulation .3 Ship's speed;
15(3)(a) of Annex I to the MARPOL 73/78 Convention (7), and .4 Date and time (G.M.T.); and
.2 To assist Administrations in determining appropriate design, .5 Discharge valve position (open or closed).
construction and operational parameters for oil discharge monitoring and 4.2.2 The unit shall make automatic recordings of:
control systems when such systems are fitted in ships flying the flag .1 Instantaneous rate of discharge of oil;
of their State. .2 Total quantify of oil discharged;
.3 Date and time (G.M.T.);
2. Background .4 Discharge valve position (open or closed);
2.1 The requirements of Annex I to the MARPOL 73/78 Convention .5 Alarm condition;
relating to oil content monitoring of oil tanker ballast and tank washing .6 Failure (i.e. no flow, fault etc.); and
water are contained in Regulation 15(3)(a), which stipulates that oil tankers .7 Override action (i.e. manual override, flushing, calibration etc.).
of 150 tons gross tonnage and above shall be equipped with an approved 4.2.3 The unit shall be fitted with a starting interlock and discharge valve
oil discharge monitoring and control system and that the system shall control capability. The unit shall meet the specifications contained in the
record continuously: relevant paragraphs of section 6.
.1 The discharge of oil in litres per nautical mile and total quantify of 4.3 "Computing unit".
oil discharge; or 4.3.1 A computing unit is a system which receives automatic signals of:
.2 In lieu of the total quantify of oil discharged, the oil content of the .1 Oil content;
effluent and rate of discharge. .2 Date and time (G.M.T.);
In both cases the record shall be "identifiable as to time and date" and .3 Discharge valve activation;
shall be kept for at least three years. .4 Flow rate of discharge; and
2.2 Regulation 15 also stipulates that the system shall come into .5 Ship's speed in knots.
operation when there is any discharge of effluent into the sea and shall be The flow rate and ship's speed may be manually inserted into the unit.
such as will ensure that any discharge of oily mixture is automatically 4.3.2 The unit shall make automatic recordings of:
.1 Instantaneous rate of discharge of oil;
stopped when the instantaneous rate of discharge of oil exceeds that
.2 Total quantify of oil discharged;
permitted by Regulation 9(1)(a). In existing oil tankers the stopping of the
.3 Date and time (G.M.T.);
discharge may be performed manually and the rate of discharge may be
estimated from the pump characteristics.
2.3 A test and performance specification for the basic oil content
meter, indicating oil content in ppm, has been adopted by Resolution
A.393(X).

33 CFR PART 157


PAGE 29
285
M.E.T. PUBLICATION 515 — 5TH EDITION
.4 Discharge valve position (open or closed); above and is a "new ship" as defined in Regulation 1(6) of Annex I
.5 Alarm condition; of MARPOL 73/78 and the oil discharge monitoring and control system is
.6 Failure (i.e. no flow, fault etc.); installed before 1 June 1982.
.7 Override action; .2 This category of ship shall be fitted with a computing unit as
.8 Manual input (i.e. speed, flow); and defined under paragraph 43.
.9 Oil content if the flow rate has been manually inserted. .3 The system shall also be fitted with a starting interlock and a
4.3.3 Unless explicitly stated in the Implementation Requirements (see discharge valve control.
section 5 below) the unit need not be fitted with a starting interlock or 5.4.3 Category III—
discharge valve control capability. .1 An oil tanker of this category is of 150 tons gross tonnage and
4.3.4 The unit shall meet the specifications contained in the relevant above, but less than 4,000 tons deadweight and is a "new ship" as defined
paragraphs of section 6. in Regulation 1(6) of Annex I of MARPOL 73/78.
4.4 "Calculating unit". .2 This category of ship shall be fitted with a computing unit as
4.4.1 A calculating unit is a system which received automatic signals defined under paragraph 43.
of: .3 No automatic devices are required to activate overboard
.1 Oil content; discharge valve closure, neither is a starting interlock required.
.2 Flow rate of discharge; and 5.4.4 Category IV(a)—
.3 Ship's speed. .1 An oil tanker of this category is of 20,000 tons deadweight and
The flow rate and ship's speed may be manually inserted into the unit
above and is an "existing ship" as defined in Regulation 1(7) of Annex I of
4.4.2 The unit shall make an automatic recording of:
.1 Oil content, unless the oil content meter is provided with a MARPOL 73/78 and the oil discharge monitoring and control system is
recorder. installed between one year and three years after the date of entry into force
4.43 The unit shall display: of MARPOL 73/78.
.1 Instantaneous rate of discharge of oil; .2 This category of ship shall be fitted with a computing unit as
.2 Total quantity of oil discharged, unless permitted to be defined under paragraph 4.3.
calculated manually. .3 The system shall also be fitted with a starting interlock, but need
4.4.4 The time and date, instantaneous rate of discharge of oil and, the not be fitted with a discharge valve control.
total quantity of oil discharged may be recorded manually. .4 For oil tankers within this category up to and including 100,000
4.4.5 The unit need not be fitted with a starting interlock nor discharge tons deadweight, where the overboard discharge has local manual control or
valve control capability. where control is provided by means of extension rods. Administrations may
4.4.6 The unit shall meet the specifications contained in the relevant grant waivers or exemptions from the requirement to fit a starting interlock
paragraphs of section 6. system (3).
4.5 "Starting interlock" is an automatic device which prevents the 5.4.5 Category IV(b)—
initiation of the opening of the discharge valve before the monitoring and .1 An oil tanker of this category is of 20,000 tons deadweight and
control system is fully operational when use of this system is required by above and is an "existing ship" as defined in Regulation 1(7) of Annex I of
the Convention. MARPOL 73/78 and the oil discharge monitoring and control system is
4.6 The "discharge valve control" is an automatic device which initiates installed not later than one year after the date of entry into force of
the sequence to stop the overboard discharge. MARPOL 73/78.
.2 This category of ship shall be fitted with a computing unit as
5. Implementation Requirements defined under paragraph 43.
5.1 To assist in the implementation of Resolution A.445(XI), an .3 No automatic devices are required to activate overboard
implementation scheme has been developed by the MEPC which provides discharge valve closure, neither is a starting interlock required.
slightly different requirements for oil discharge monitoring and control 5.4.6 Category V(a)—
systems depending on size and building date of the oil tanker. The scheme .1 An oil tanker of this category is of 150 tons gross tonnage and
also allows for different requirements, depending on the installation date of above but less than 20,000 tons deadweight and is an "existing ship" as
the system. defined in Regulation 1(7) of Annex I of MARPOL 73/78 and the oil
5.2 Under the implementation scheme contained in paragraph 5.4 oil discharge monitoring and control system is installed between one year and
tankers of 150 tons gross tonnage and above have been arranged into five three years after the entry into force of MARPOL 73/78.
categories. Each category of oil tanker shall be fitted with an oil discharge .2 This category of ship shall be fitted with a calculating unit as
monitoring and control system as set out below. The definitions given in defined under paragraph 4.4.
section 4 should be consulted for a description of the different systems. .3 No automatic devices are required to activate overboard
5.3 The implementation scheme set out in paragraph 5.4 gives details, discharge valve closure, neither is a starting interlock required.
with reference to paragraph 4, of the minimum equipment required to 5.4.7 Category V(b)—
comply with this scheme. Where it is expedient to fit equipment of a higher .1 An oil tanker of this category is of 150 tons gross tonnage and
category than required no objection shall be raised to this arrangement above but less than 20,000 tons deadweight and is an "existing ship" as
5.4 Implementation scheme: defined in Regulation 1(7) of Annex I to MARPOL 73/78 and the oil
5.4.1 Category I— discharge monitoring and control system is installed not later than one year
.1 An oil tanker of this category is of 4,000 tons deadweight and after the entry into force of MARPOL 73/78.
above and is a "new ship" as defined in Regulation 1(6) of Annex I of .2 This category of ship shall be fitted with a calculating unit as
MARPOL 73/78 and the oil discharge monitoring and control system is defined under paragraph 4.4. However, the total quantity of oil discharged
installed on or after 1 June 1982. may be computed manually.
.2 This category of ship shall be fitted with a control unit as .3 No automatic devices are required to activate overboard
defined under paragraph 4.2. discharge valve closure, neither is a starting interlock required.
5.4.2 Category II— 5.5 Shown at the Appendix is a summary, in tabular form, of the
.1 An oil tanker of this category is of 4,000 tons deadweight and
implementation requirements (4).

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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

33 CFR PART 157


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M.E.T. PUBLICATION 515 — 5TH EDITION
operational flow rate range may be necessary to meet this requirement .2.7 Override action (i.e. manual override, flushing, calibrating,
6.3.4 The flow meter, as installed, should have an accuracy of ±15 etc.).
percent, or better, of the instantaneous rate throughout the operating range. 6.6.2 Computing Unit—
6.3.5 Any component part of the flow meter in contact with the effluent .1 The recording device for a computing unit should include a
discharge including associated piping, if fitted, shall be of corrosion digital printer or an analogue recorder or the combination of both or a
resistant and oil-resistant material of adequate strength. recorded visible display. The record shall be identifiable as to the time and
6.3.6 The design of the flow metering arrangements shall have regard to date and shall be kept for at least three years (11). Manual input
the safety requirements of the space in which such metering arrangements information should be identifiable on the record.
are located. .2 The data to be automatically recorded shall include at least the
6.3.7 In ships fitted with a computing unit the flow rate may be following items:
determined from the pump characteristics and the data manually inserted .2.1 Instantaneous rate of discharge of oil (litres per nautical
into the unit mile);
6.3.8 In ships fitted with a calculating unit the flow rate may be .2.2 The total quantity of oil discharged (litres);
manually inserted into the unit The flow rate is to be estimated from the .2.3 Time and date (G.M.T.);
.2.4 Manual input information;
best available source e.g. pump characteristics, speed of pump(s), ullages
.2.5 The valve position (open or closed);
or knowledge of pumping rates for particular tanks on the ship. .2.6 Alarm condition;
6.3.9 In oil tankers where the gravitational discharges of ballast water .2.7 Failure (i.e. no flow, fault, etc.);
from the cargo tanks is an established practice, in accordance with .2.8 Override action (i.e. manual override, flushing, calibration,
Regulation 18(6)(d), means, such as calibration curves, shall be provided etc.); and
to estimate the flow rate of discharge. .2.9 Oil content if flow rate is manually inserted.
6.4 Vessel's speed indicating system: 6.6.3 Calculating Unit—
6.4.1 The automatic speed signal required for the control unit shall be .1 An automatic recording device is not required for a calculating
obtained from the vessel's speed indicating device (*See "Recommendation unit, but, where fitted, the recording device should include a digital
on Performance Standards for Devices to Indicate Speed and Distance" printer or an analogue recorder or the combination of both or a
(Annex to Resolution A.478(XII))) by means of a repeater signal. This recorded acceptable visible display. The record shall be identifiable as
information shall be readily available in a form that can be accepted by a to time and date, which may be entered manually, and shall be kept for
processor. The speed information used may be either speed over the ground at least three years (11).
or speed through the water depending upon the speed measuring equipment .2 The data to be automatically recorded on the above-mentioned
installed on board. recording device shall include at least the following item: Oil content in
6.4.2 In ships where a computing unit is required the vessel's speed may ppm, unless the oil content meter is provided with a recorder.
be manually inserted into the unit This data shall be obtained from the 6.6.4 Recording for digital printers.
ship's log or from an indicating device which transmits signals which need Occasions of recordings. Data required in paragraphs 6.6.1.2, 6.6.2.2,
not be in a form which can be accepted by a computer system. and 6.6.3.2 of these Specifications shall be printed out with the following
6.4.3 The vessel's speed on ships required to install a calculating unit minimum frequency:
may be obtained from the ship's log or from the navigation charts and shall .1 When the discharge is started;
be estimated from the most reliable source. .2 When the discharge is stopped;
6.5 Processor and transmitting device: .3 At intervals of not more than 10 minutes;
6.5.1 The processor should receive, at time intervals not exceeding 5 .4 When an alarm condition is developed;
seconds, signals from the oil content meter, the flow rate measuring .5 When normal conditions are restored;
system, and the vessel's speed indicator and automatically compute the .6 At the change of valve order or valve position;
.7 When introducing input data;
following:
.8 Whenever the computed rate of discharge varies by 10
.1 Instantaneous rate of discharge of oil in litres per nautical mile;
litres/nautical mile, unless an equivalent trend-indicating
and
.2 Total quantity of oil discharged per voyage in cubic meters or arrangement is provided;
litres. .9 When selecting zero setting or calibration mode; and
6.5.2 When the calculations of the processor exceed the limits imposed .10 On manual command.
by Regulation 9(1)(a) (iv) and (v) (70) the transmitting device will provide 6.6.5 Recording for analogue recorders.
Data required in paragraphs 6.6.1.2, 6.6.2.2 and 6.6.3.2 of these
alarms and, in new ships, it will also provide command signals to the
Specifications should be continuously recorded in such a way as would
discharge valve control which will cause the discharge of effluent into the
satisfy the following requirements:
sea to stop.
.1 The chart speed should be indicated. If the speed is controllable, the
6.5.3 In existing ships fitted with a calculating unit where the unit is
recorder shall be provided with a marker to identify the speed of the chart
installed early, the total quantity of oil discharged may be computed
paper, and
manually.
.2 Means shall be provided to enable the chart paper to be interpreted as
6.6 Recording devices:
6.6.1 Control Unit— to time, date and readings after it has been removed from the recorder.
.1 The recording device for a control unit should include a digital 6.7 Data display.
printer or an analogue recorder or the combination of both or a recorded 6.7.1 The current data shall be visibly displayed.
6.7.2 The recording device and the data display should be located in
visible display. The record shall be identifiable as to the time and date and
a position easily accessible to the person in charge of the operation of
shall be kept for at least three years (11).
discharging the effluent overboard.
.2 The data to be automatically recorded shall include at least the
following items: 6.8 Manually operated alternatives.
.2.1 Instantaneous rate of discharge of oil (litres per nautical 6.8.1 The alternative means and information for use in case of any one
mile); failure in the system should be as follows:
.2.2 The total quantity of oil discharged (lines); .1 Oil Content meter visual observation of the surface of the
.2.3 Time and date (G.M.T.); water (72);
.2.4 The discharge valve position (open or closed); .2 Sampling pump: visual observation of the surface of the
.2.5 Alarm condition; water;
.2.6 Failure (i.e. no flow, fault, etc.); and .3 Flow meter: pump characteristics, etc.;

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M.E.T. PUBLICATION 515 — 5TH EDITION
.4 Vessel's speed indicating device: main engine R.P.M., etc.; (1) Delivered after original construction;
.5 Processor: manual calculation and manual recording; and (2) Delivered after completion of a major conversion; or
.6 Discharge valve control: manual operation of pumps and valves. (3) Qualified for documentation under section 4136 of the Revised
6.9 Alarm conditions resulting in the stopping of discharge. Statutes of the United States (46 U.S.C. app. 14).
6.9.1 Audio-visual alarms shall be initialed for any of the following (b) A vessel of less than 5,000 gross tons for which a building contract
conditions: or contract for major conversion was placed before June 30,1990, and that
.1 Whenever the instantaneous rate of discharge of oil exceeds 60 is delivered under that contract before January 1, 1994, and a vessel that
litres per nautical mile; had its appraised salvage value determined by the Coast Guard before June
.2 When the total quantity of oil discharged reaches the allowable
30, 1990, and that qualifies for documentation under section 4136 of the
limit prescribed by the provisions of the relevant Regulations;
.3 Failure of the system's operation, such as: Revised Statutes of the United States (46 U.S.C. app. 14) before January
.3.1 Power failure; 1, 1994, may not operate in the navigable waters or the Exclusive
.3.2 Loss of sample; Economic Zone of the United States after January 1,2015, unless equipped
.3.3 Failure of the measuring or recording system; or with a double hull or with a double containment system determined by the
.3.4 When the input signal of the sensors exceeds the effective Coast Guard to be as effective as a double hull for the prevention of a
capacity of the system. discharge of oil.
6.10 Location of alarm indicator (c) A vessel for which a building contract or contract for major
6.10.1 The alarm indicator of the system shall be installed in the cargo conversion was placed before June 30, 1990, and that is delivered under
control room where provided and/or other places where it will attract that contract before January I, 1994, and a vessel that had its appraised
immediate attention and action. salvage determined by the Coast Guard before June 30, 1990, and that
qualifies for documentation under 46 CFR subpart 67.19 before January 1,
7. Equipment, Operation and Maintenance Manuals 1994, may not operate in the navigable waters or Exclusive Economic Zone
of the United States unless equipped with a double hull—
7.1 Administrations shall ensure that approved equipment, operational
(1) In the case of vessel of at least 5,000 gross tons but less than 15,000
and/or maintenance manuals for the various items comprising the oil
gross tons—
discharge monitoring and control systems are on board the vessel. These
(i) After January 1, 1995, if the vessel is 40 years old or older and has
manuals shall cover the oil content meter, control, computing or calculating
a single hull, or is 45 years old or older and has a double bottom or double
unit, flow meter and ship's speed indicator, where required.
sides;
(ii) After January 1, 1996, if the vessel is 39 years old or older and has
FOOTNOTES: (Added by the U.S. Coast Guard for clarity.)
a single hull, or is 44 years old or older and has a double bottom or double
(1) The "MARPOL 73/78 Convention" is referred to as the MARPOL sides;
Protocol" in 33 CFR, Part 157. (iii) After January 1, 1997, if the vessel is 38 years old or older and has
(2) Also defined in §157.03(i). a single hull, or is 43 years old or older and has a double bottom or double
(3) The Coast Guard has determined that a starting interlock system is sides;
not required on Category IV(a) vessels that are 100,000 DWT or less. (iv) After January 1,1998, is the vessel is 37 years old or older and has
(4) The Coast Guard is not publishing this Appendix. a single hull, or is 42 years old or older and has a double bottom or double
(5) Section 157.11(b)(2) requires at least one discharge point sides;
(6) Section 157.37(a) requires all overboard discharges of oily mixtures (v) After January 1, 1999, if the vessel is 36 years old or older and has
to be monitored. a single hull, or is 41 years old or older and has a double bottom or double
(7) The "oil content meter" is referred to as a "cargo monitor" in 33 sides;
CFR Part 157 and 46 CFR Subpart 162.050. (vi) After January 1,2000, if the vessel is 35 years old or older and has
(8) Approval under 46 CFR Subpart 162.050 constitutes compliance with a single hull, or is 40 years old or older and has a double bottom or double
this resolution. Section 157.12(b) requires that monitors installed on U.S. sides;
vessels must be approved under 46 CFR Subpart 162.050. (vii) After January 1, 2005, if the vessel is 25 years old or older and has
(9) U.S. vessels are required to meet 46 CFR Parts 110-113, Electrical a single hull, or is 30 years old or older and has a double bottom or double
Engineering Regulations, which also constitutes compliance with IEC sides;
Publication 92. (2) In the case of a vessel of at least 15,000 gross tons but less than
(10) Sections 15737(a) (3) and (4) impose the same limits. These limits 30,000 gross tons—
relate to instantaneous rate and total quantity of oil discharged. (i) After January 1, 1995, if the vessel is 40 years old or older and has
(11) Section 157.37(d) also requires that discharge data be kept for three a single hull, or is 45 years old or older and has a double bottom or double
years. sides;
(12) Section 157.37(a)(6) also requires visual observation of the (ii) After January 1, 1996, if the vessel is 38 years old or older and has
discharge if the system fails. a single hull, or is 43 years old or older and has a double bottom or double
[CGD 75-124a, 48 FR 45723, Oct. 6, 1983] sides;
(iii) After January 1,1997, if the vessel is 36 years old or older and has
Appendix G to Part 157—Timetables for Application of a single hull, or is 41 years old or older and has a double bottom or double
Double Hull Requirements side;
(iv) After January 1, 1998, if the vessel is 34 years old or older and has
a single hull, or is 39 years old or older and has a double bottom or double
1. Source. These timetables conform to 46 U.S.C. 3703a(c).
sides;
2. Timetables.
(a) In this section, the age of a vessel is determined from the later of the (v) After January 1,1999, if the vessel is 32 years old or older and has
date on which the vessel is— a single hull, or is 37 years old or older and has a double bottom or double
sides;
(vi) After January 1, 2000, if the vessel is 30 years old or older and has

PAGE 33 33 CFR PART 157


289
M.E.T. PUBLICATION 515 — 5TH EDITION

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]

PAGE 34
33 CFR PART 157
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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]

33 CFR PART 158


PAGE 1
291
M.E.T. PUBLICATION 515 — 5TH EDITION
158.120 Definitions and acronyms. international voyages;
As used in this part: (2) Is operated under the authority of the United States and is certificated
Bunker oil means oil loaded into bunker tanks for use as fuel. for ocean service;
Captain of the Port (COTP) means the Coast Guard officer commanding (3) Is operated under the authority of the United States and is certificated
a Captain of the Port Zone described in Part 3 of this chapter. for coastwise service beyond three miles from land;
Certificate of Adequacy means a document issued by the Coast Guard or (4) Is operated under the authority of the United States and operates at
other authorized agency that certifies a port or terminal meets the any time seaward of the outermost boundary of the territorial sea of the
requirements of this part with respect to reception facilities required under United States as defined in §2.05 of this chapter; or
the Act and MARPOL 73/78, and has Form A, Form B, or Form C (5) Is operated under the authority of a country other than the United
attached. States.
Clean ballast has the same meaning as in §157.03(e) of this chapter. Note: A Canadian or U.S. ship being operated exclusively on the Great
Commandant means Commandant, U.S. Coast Guard. Lakes of North America or their connecting and tributary waters, or
Commercial fishing facility means docks, piers, processing houses, or exclusively on the internal waters of the United States and Canada, is not
other facilities which receive commercial fishery products from ships. an "oceangoing ship."
Daily vessel average means the total number of oceangoing tankers, or Oil means petroleum in any form including crude oil, fuel oil, sludge, oil
any other oceangoing ships of 400 gross tons or more, carrying residues refuse, and refined products (other than petrochemicals that are subject to
and mixtures containing oil, serviced over a typical continuous 12 month the provisions of Annex II of MARPOL 73/78) and without limiting the
period, divided by 365. generality of the forgoing, includes the substances listed in Appendix I of
Form A means the application for a reception facility Certificate of Annex I of MARPOL 73/78.
Adequacy for oil. Coast Guard form USCG-CG-5401A (9-85). Person has the same meaning as in §151.05(n) of this chapter.
Form B means the application for a reception facility Certificate of Person in charge means an owner, operator, or a person authorized to
Adequacy for NLS, Coast Guard form USCG-CG-5401B(2-87). act on behalf of a port or terminal.
Form C means the application for a Certificate of Adequacy for a Note: The "person in charge" under this part is not necessarily the same
Reception Facility for Garbage, Coast Guard form USCG-CG-5401C. person as the "person in charge" referred to in Parts 151, 154, 155, and
"Garbage" means all kinds of victual, domestic, and operational waste, 156 of this chapter (as defined in §154.105 of this chapter.)
excluding fresh fish and parts thereof, generated during the normal Prewash means a tank washing operation that meets the procedure in 46
operation of the ship and liable to be disposed of continuously or CFR 153.1120.
periodically, except dishwater, graywater, and those substances that are Port means—
defined or listed in other annexes to MARPOL 73/78. "Harmful substance" (1) A group of terminals that combines to act as a unit and be considered
means any substance which, if introduced into the sea, is liable to a port for the purposes of this part;
create hazards to human health, harm living resources and marine life, (2) A port authority or other organization that chooses to be considered
damage amenities or interfere with other legitimate uses of the sea, and a port for the purposes of this part; or
includes any substance subject to control by MARPOL 73/78. (3) A place or facility that has been specifically designated as a port by
High viscosity NLS includes Category A NLSs having a viscosity of at the COTP.
least 25 mPa.s at 20 °C and of at least 25 mPa.s at the time they are Reception facility means anything capable of receiving shipboard
unloaded, high viscosity Category B NLSs, and high viscosity Category C residues and mixtures containing oil or NLS residue, or receiving garbage,
NLSs. including, but not limited to—
High viscosity Category B NLS means any Category B NLS having a (1) Fixed piping that conveys residues and mixtures from the ship to a
viscosity of at least 25 mPa.s at 20 °C and at least 25 mPa.s at the time it storage or treatment system;
is unloaded. (2) Tank barges, railroad cars, tank trucks, or other mobile facilities;
High viscosity Category C NLS means any Category C NLS having a (3) Containers or other receptacles that are used as temporary storage for
viscosity of at least 60 mPa.s at 20 °C and at least 60 mPa.s at the time it garbage; or
is unloaded. (4) Any combination of fixed and mobile faculties. "Recreational
MARPOL Protocol (MARPOL 73/78) stands for the International boating facility" means a facility that is capable of providing wharfage or
Convention for the Prevention of Pollution from Ships, 1973, (done at other services for 10 or more recreational vessels. It includes, but is not
London, November 2,1973), as modified by the Protocol of 1978 relating limited to, marinas, boatyards, and yacht clubs, but does not include a place
to the International Convention for the Prevention of Pollution from Ships or facility containing only an unattended launching ramp.
1973 (done at London on February 17, 1978), as amended, (1985). Regulated NLS cargo includes each Category A or high viscosity or
Medical waste means isolation wastes, infectious agents, human blood solidifying Category B or C NLS cargo listed in Table 1 of 46 CFR Part
and blood products, pathological wastes, sharps, body parts, contaminated 153 that contains a reference to §153.908(a) or §153.908(b) in the "Special
bedding, surgical wastes and potentially contaminated laboratory wastes, Requirements" column of that table and is unloaded at the port or terminal
dialysis wastes, and such additional medical items as prescribed by the within a typical continuous 12 month period either before or after
Administrator of the EPA by regulation. "Mineral and oil industry application is made for a Certificate of Adequacy.
shorebase" means a place or onshore structure or facility which is a base of Residues and mixtures containing NLSs (NLS residue) means—
operations for ships serving the mineral and oil industry. (1) Any Category A, B, C, or D NLS cargo retained on the ship because
Noxious liquid substance (NLS) means— it fails to meet consignee specifications;
(1) Each substance listed in §151.47 or §151.49 of this chapter; (2) Any part of a Category A, B, C or D NLS cargo remaining on the
(2) Each substance having an "A", "B", "C", or "D" beside it's ship after the NLS is discharged to the consignee, including but not limited
name in the column headed "Pollution Category" in Table 1 of 46 CFR to puddles on the tank bottom and in sumps, clingage in the tanks, and
Part 153; and substance remaining in the pipes; or
(3) Each substance that is identified as an NLS in a written permission (3) Any material contaminated with Category A, B, C, or D NLS cargo,
issued under 46 CFR 153.900(d). including but not limited to bilge slops, ballast, hose drip part contents, and
Oceangoing ship means a ship that— tank wash water.
(1) Is operated under the authority of the United States and engages in

PAGE 2
33 CFR PART 158
292
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.

PAGE 3 33 CFR PART 158


293
M.E.T. PUBLICATION 515 — 5TH EDITION
(c) After reviewing an application made under §158.140(a)(2), or the (d) There is a substantial threat of discharge of oil or NLS into or upon
COTP— the navigable waters of the United States or adjoining shorelines.
(1) Issues a Certificate of Adequacy to the person in charge for the port
or terminal; or 158.172 Notification of a suspension order.
(2) Denies the application and informs the person in charge in writing of (a) If the COTP has grounds for an immediate suspension of or is
the reasons for the denial. considering suspending a Certificate of Adequacy, the COTP notifies the
(d) In order to remain valid, the Certificate of Adequacy must have person in charge of the intended action. Each notification of a suspension
attached to it any waivers that are granted under §158.150 when the order, whether oral or written, includes—
Certificate of Adequacy is issued. (1) The grounds for the suspension;
(e) Each Certificate of Adequacy remains valid until— (2) The date when the suspension becomes effective; and
(1) Suspended; (3) Information on how the suspension may be withdrawn, including all
(2) Revoked; or corrective actions required.
(3) This part no longer applies to the port or terminal. (b) If the suspension order is made orally, the COTP issues a suspension
[CGD 88-002, 54 FR 18408, Apr. 28, 1989; 61 FR 33660, June 28, 1996] order in writing within five days after the initial notification.

158.163 Reception facility operations. 158.174 Suspension of a Certificate of Adequacy: Procedure.


(a) Each person in charge and each person who is in charge of a reception (a) If no evidence or arguments are submitted in response to a
facility shall ensure that the reception facility does not operate in a notification of a suspension order, the suspension is effective on the date
manner that violates any requirement under this part stated in the order.
(b) A copy of the Certificate of Adequacy issued for the port or terminal (b) If any petition for withdrawing a suspension order is submitted in
must be— response to a notification of a suspension order, the COTP considers the
(1) At each port and terminal under this part; and evidence or arguments and notifies the person in charge of any action taken
(2) Available for inspection by the COTP and the master, operator, person including—
who is in charge of a ship, or agent for a ship. (1) Denial of the petition for withdrawing a suspension order,
(c) Ports and terminals required to have an Operations Manual under this (2) Initiation of civil or criminal penalty action under Subpart 1.07 of
chapter or 46 CFR Chapter 1 must have a copy of the Certificate of Part 1 of this chapter; or
Adequacy issued for the port or terminal, including any waivers, attached (3) Withdrawing the suspension order.
to that Operations Manual.
[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR
158.176 Effect of suspension of a Certificate of Adequacy.
18409, Apr. 28, 1989] After the COTP notifies the person in charge and places a suspension
order in effect, the COTP denies entry of ships to the port or terminal
158.165 Certificate of Adequacy: Change of information. while the Certificate of Adequacy is suspended.
(a) Except as required in paragraph (b) of this section, the person in
charge shall notify the COTP in writing within 10 days after any 158.178 Actions during a suspension.
information required in section 2, 3A, 3G, or 3H, of Form A or section 2, (a) If a Certificate of Adequacy is suspended for longer than a five day
5A, or 5C of Form B changes. period, the person in charge shall return it to the COTP within five days
(b) The person in charge shall notify the COTP in writing within 30 days after the suspension becomes effective.
after any information required in the following is changed: (b) After the suspension is in effect, the COTP may—
(1) Form A, sections 1, 3B, 3C, 3E, 3F, 31, or 3J. (1) Terminate the suspension order after receiving information from the
(2) Form B, sections 1, 3, 4, 5B, 5D, 5E, 5F or 5G. person in charge that corrective action has been taken; or
(3) Form C, sections Al, B1, B2, or D4. (2) Revoke the Certificate of Adequacy if no significant action is
(c) The person in charge shall maintain at the port or terminal a copy of undertaken by the person in charge to meet any measures ordered by the
the information submitted under paragraphs (a) and (b) of this section, until COTP.
a corrected Certificate of Adequacy is received from the COTP.
[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR
158.180 Certificate of Adequacy: Procedures after revocation or the
18409, Apr. 28, 1989; 55 FR 35988, Sept. 4 1990]
part no longer applies.
(a) If a Certificate of Adequacy is revoked, the person in charge shall
158.167 Reporting inadequate reception facilities. return it to the COTP within five days after the revocation becomes
Any person may report to the local Coast Guard COTP that reception effective.
facilities required by these regulations or MARPOL 73/78 are inadequate. (b) When this part no longer applies to the port or terminal, the person
Reports of inadequate reception facilities may be made orally, in writing in charge shall return the Certificate of Adequacy to the COTP within 30
or by telephone. days after this part no longer applies.
[CGD 88-002, 54 FR 18409, Apr. 28, 1989] (c) After the Certificate of Adequacy has been returned to the COTP
under paragraph (a) or (b) of this section, an application for a new
Suspension, Revocation, and Appeals
Certificate of Adequacy may be submitted under §158.140.
158.170 Grounds for suspension.
The COTP may suspend a Certificate of Adequacy if—
(a) Deficiencies recur or significantly affect the adequacy of the reception 158.190 Appeals.
facility; (a) Any person directly affected by an action taken under this part may
(b) Continued operations will result in undue delay to ships calling at the request reconsideration by the Coast Guard officer responsible for that
port or terminal; action.
(c) There is a failure to accept NLS residue from a ship after it's cargo (b) Except as provided under paragraph (e) of this section, the person
tanks are prewashed in accordance with 46 CFR 153.1120; or affected who is not satisfied with a ruling after having it reconsidered under
paragraph (a) of this section may—

PAGE 4
33 CFR PART 158
294
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
158.250 Standard discharge connection. (a) At mean tow tide and with the ship's manifold 10 feet above the
Each reception facility that received oily bilge water must have a surface of the water, be capable of receiving Category B or C NLS cargo
standard discharge connection that— during the stripping operations at an average flow rate of 6 cubic meters
(a) Meets §155.430 of this subchapter, and (1584 gallons) per hour without the backpressure at the ship's manifold
(b) Attaches to each hose or pipe that removes oily bilge water from exceeding 101.6 kPa (14.7 pounds per square inch gauge) pressure; and
oceangoing ships. (b) Have an instruction manual that lists the equipment and procedures
[CGD 78-035, 50 FR 36793, Sept. 9, 1985] for meeting paragraph (a) of this section. The instruction manual may be
made part of the operations manual that is required under §154.300 of this
Subpart C—Criteria for Certifying That a Port's chapter.
or Terminal's Facilities Are Adequate for Receiving
NLS Residue Subpart D—Criteria for Adequacy of Reception
SOURCE: CGD 85-010, 52 FR 7764, Mar. 12, 1987, unless otherwise
Facilities: Garbage
noted. SOURCE: CGD 88-002, 54 FR 18409, Apr. 28, 1989, unless otherwise
noted.
158.300 Purpose.
The purpose of this subpart is to supply the criteria needed for ports and 158.400 Purpose.
terminals under §158.110 used by oceangoing ships carrying NLS cargo or The purpose of this subpart is to supply the criteria for determining the
NLS residue to meet Regulation 7 of Annex II to MARPOL 73/78. adequacy of reception facilities for garbage at ports and terminals that
receive ships and to comply with the Act and Regulation 7 of Annex V to
MARPOL 73/78.
158.310 Reception facilities: General.
(a) Except as allowed in paragraph (b) of this section, each reception
facility, in order to pass the inspection under §158.160, must— 158.410 Reception facilities: General
(1) Be a reception facility as defined under §158.120; (a) Except as allowed in paragraph (b) of this section, the person in
(2) Be available at the port or terminal; charge of a port or terminal shall ensure that each port or terminal's
(3) Meet the requirements of §158.320; reception facility.—
(4) Hold each Federal, State, and local permit and license required by (1) Is capable after August 28, 1989 of receiving APHIS regulated
environmental laws and regulations concerning NLS residue; garbage at a port or terminal no later than 24 hours after notice under
(5) Be capable of receiving NLS residue from an oceangoing ship within §151.65 of this chapter is given to the port or terminal, unless it only
24 hours after notice by that ship of the need for reception facilities; and receives ships that—
(6) Be capable of completing the transfer of NLS residue within 10 (i) Operate exclusively within the navigable waters of the United States;
hours after the transfer of NLS residue begins. (ii) Operate exclusively between ports or terminals in the continental
(b) A reception facility for a ship repair yard does not have to meet the United States; or
requirements of paragraphs (a)(5) and (a)(6) of this section if it is capable (iii) Operate exclusively between continental United States ports or
of completing transfer of NLS residue from an oceangoing ship before the terminals and Canadian ports or terminals.
ship departs from the yard. (2) Is capable of receiving medical wastes or hazardous wastes defined
in 40 CFR 2613, unless the port or terminal operator can provide to the
158.320 Reception facilities: Capacity, and exceptions. master, operator, or person in charge of a ship, a list of persons authorized
(a) Except as allowed in paragraph (b) of this section, each day the port by federal, state, or local law or regulation to transport and treat such
or terminal is in operation, the port or terminal must have a reception wastes;
facility that is capable of receiving— (3) Is arranged so that it does not interfere with port or terminal
(1) 75 cubic meters (19,810 gallons) of NLS residue for each regulated operations;
NLS cargo that is a solidifying Category A NLS; or (4) Is conveniently located so that mariners unfamiliar with the port or
(2) 50 cubic meters (13,210 gallons) of NLS residue for each regulated terminal can find it easily and so that it's use will not be discouraged;
NLS cargo that is not a solidifying Category A. (5) Is situated so that garbage from ships which has been placed in it
(b) The port or terminal need only meet §158330 if it is used by ships cannot readily enter the water; and
that only transfer Category B or C NLS cargoes that are not high viscosity (6) Holds each federal, state, and local permit or license required by
or solidifying Category B or C NLSs. environmental and public health laws and regulations concerning garbage
(c) For each category of NLS cargo carried on a ship, each day a ship handling.
repair yard is in operation and being used by a ship that must discharge (b) A reception facility for a ship repair yard does not have to meet the
NLS residue in order to proceed with repair work, the ship repair yard requirements of paragraph (a)(1) of this section if it is capable of handling
must have a reception facility that is capable of receiving— the transfer of garbage from a ship before the ship departs from the yard.
(1) 50 cubic meters (13,210 gallons) of NLS residue that contains a— Note: The U.S. Department of Agriculture's Animal and Plant Health
(i) Category A NLS that is not a solidifying NLS; Inspection Service (APHIS) requires victual wastes or garbage
(ii) Category B NLS; or contaminated by victual wastes, except from vessels that operate only
(iii) Category C NLS; or between the continental United States and Canadian ports, to be incinerated
(iv) Category D NLS; or or sterilized in accordance with their regulations in 7 CFR 330.400 and 9
(2) 75 cubic meters (19,810 gallons) of NLS residue that contains a CFR 94.5.
Category A NLS that is a solidifying NLS cargo.
158.420 Reception facilities: Capacity and exceptions.
158.330 Ports and terminals: Equipment Each day a port or terminal is in operation, the person in charge of a
Each port and terminal except ship repair yards, in order to pass the port or terminal must provide, or ensure the availability of, a reception
inspection under §158.160, must— facility that is capable of receiving all garbage that the master or person
who is in charge of a ship desires to discharge, except—

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M.E.T. PUBLICATION 515 — 5TH EDITION

(a) Large quantities of spoiled or damaged cargoes not usually discharged by


a ship; or
(b) Garbage from ships not having commercial transactions with that port
or terminal.

Subpart E—Port and Terminal Operations


SOURCE: CGD 85-010, 52 FR 7765, Mar. 12, 1987, unless otherwise
noted. Redesignated by CGD 88-002, 54 FR 18409, Apr. 28, 1989.

158.500 Draining cargo area and piping systems.


The person in charge shall ensure that each cargo hose and each piping
system containing NLS received from each oceangoing ship carrying NLS
cargo is not drained back into the ship.

158.520 Following the instruction manual.


The person in charge shall ensure that the instruction manual under
§158.330(b) is followed during the transfer of any NLS.

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M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 159.119 Operability test; temperature range.
CODE OF FEDERAL REGULATIONS 159.121 Sewage processing test
159.123 Coliform test Type I devices.
PART 159 - MARINE SANITATION 159.125 Visible floating solids: Type I devices.
DEVICES 159.126 Coliform test Type II devices
159.126 Suspended solids test: Type II devices.
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." 159.127 Safety coliform count: Recirculating devices.
However, we reprinted only those subparts and sections of concern to foreign 159.129 Safety Ignition prevention test
vessels. If you need additional information listed in this Table of Contents that does 159.131 Safety Incinerating device.
not appear in the pages that follow, please write or fax us. We will be glad to furnish
Subpart D—Recognition of Facilities
this information for a small service charge] 159.201 Application.
159.205 Criteria for recognition.
TABLE OF CONTENTS
AUTHORITY: Sec. 312(b)(1), 86 Stat. 871 (33 U.S.C. 1322(b)(1)); 49
Subpart A—General CFR 1.45(b) and 1.46(1) and (m)
SOURCE: CGD 73-83,40 FR 4624, Jan. 30,1975, unless otherwise noted.
159.1 Purpose.
159.3 Definitions.
159.5 Requirements for vessel manufacturers.
Subpart A—General
159.7 Requirements for vessel operators

Subpart B—Certification Procedures 159.1 Purpose.


159.11 Purpose. This part prescribes regulations governing the design and construction of
159.12 Regulations for certification of existing devices. marine sanitation devices and procedures for certifying that marine
159.12a Certification of certain Type III devices. sanitation devices meet the regulations and the standards of the
159.14 Application for certification. Environmental Protection Agency promulgated under section 312 of the
159.15 Certification Federal Water Pollution Control Act (33 U.S.C. 1322), to eliminate the
159.16 Authorization to label devices. discharge of untreated sewage from vessels into the waters of the United
159.17 Changes to certified devices States, including the territorial seas. Subpart A of this part contains
159.19 Testing equivalency. regulations governing the manufacture and operation of vessels equipped
with marine sanitation devices
Subpart C—Design, Construction, and Testing
159.51 Purpose and scope. 159.3 Definitions.
159.53 General requirements. In this part
159.55 Identification Coast Guard means the Commandant or his authorized representative.
159.57 Installation, operation, and maintenance instructions. Discharge includes, but is not limited to, any spilling, leaking, pouring,
159.59 Placard. pumping, emitting, emptying, or dumping.
159.61 Vents. Existing vessel includes any vessel, the construction of which was
159.63 Access to parts. initiated before January 30, 1975.
159.65 Chemical level indicator Fecal coliform bacteria are those organisms associated with the intestine
159.67 Electrical component ratings of warm-blooded animals that are commonly used to indicate the presence
159.69 Motor ratings. of fecal material and the potential presence of organisms capable of causing
159.71 Electrical controls and conductors. human disease.
159.73 Conductors Inspected vessel means any vessel that is required to be inspected under
159.75 Overcurrent protection 46 CFR Ch. I.
159.79 Terminals. Manufacturer means any person engaged in manufacturing, assembling,
159.81 Baffles. or importing of marine sanitation devices or of vessels subject to the
159.83 Level indicator. standards and regulations promulgated under section 312 of the Federal
159.85 Sewage removal. Water Pollution Control Act
159.87 Removal fittings Marine sanitation device and device includes any equipment for
159.89 Power interruption: Type I and II devices. installation on board a vessel which is designed to receive, retain, treat, or
159.93 Independent supporting. discharge sewage, and any process to treat such sewage.
159.95 Safety. New vessel includes any vessel, the construction of which is initiated on
159.97 Safety inspected vessels. or after January 30, 1975.
159.101 Testing, general. Person means an individual, partnership, firm, corporation, or
159.103 Vibration test association, but does not include an individual on board a public vessel.
159.105 Shock test Public vessel means a vessel owned or bare-boat chartered and
159.107 Rolling test operated by the United States, by a State or political subdivision
159.109 Pressure test thereof, or by a foreign nation, except when such vessel is engaged in
159.111 Pressure and vacuum pulse test commerce.
159.115 Temperature range test Recognized facility means any laboratory or facility listed by the Coast
159.117 Chemical resistance test Guard as a recognized facility under this part.

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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]

159.5 Requirements for vessel manufacturers.


(a) On and after January 30,1977, no manufacturer may manufacture for Subpart C—Design, Construction, and Testing
sale, offer for sale, or distribute for sale or resale any new vessel equipped
with installed toilet facilities unless it is equipped with an operable Type 159.55 Identification.
I, II, or III device that has a label placed on it under §159.16, or that is (a) Each production device must be legibly marked in accordance with
certified under §159.12 or §159.12a. paragraph (b) of this section with the following information:
(b) After January 30, 1980, no manufacturer may manufacture for sale, (1) The name of the manufacturer.
or offer for sale, or distribute for sale or resale any new vessel equipped (2) The name and model number of the device.
with installed toilet facilities unless it is equipped with: (3) The month and year of completion of manufacture.
(1) An operable Type II or in device that has a label placed on it under (4) Serial number.
§159.16 or that is certified under §159.12 or §159.12a; or (5) Whether the device is certified for use on an inspected or an
(2) An operable Type I device installed on the vessel before January 31, uninspected vessel.
1980, that has a label placed on it under §159.16 or that is certified under (6) Whether the device is Type I, II, or III.
§159.12. (b) The information required by paragraph (a) of this section must appear
(c) After January 30, 1980, no manufacturer may sell, offer for sale, or on a nameplate attached to the device or in lettering on the device. The
distribute for sale or resale any existing vessel equipped with installed toilet nameplate or lettering stamped on the device must be capable of
facilities unless it is equipped with: withstanding without loss of legibility the combined effects of normal wear
(1) An operable Type II or in device that has a label placed on it under and tear and exposure to water, salt spray, direct sunlight, heat, cold, and
§159.16 or that is certified under §159.12 or §159.12a; or any substance listed in §159.117(b) and (c). The nameplate and lettering
(2) An operable Type I device installed on the vessel before January 31, must be designed to resist efforts to remove them from the device or efforts
1978, that has a label placed on it under §159.16 or that is certified under to alter the information stamped on the nameplate or the device without
§159.12. leaving some obvious evidence of the attempted removal or alteration.
[CGD 75-213, 41 FR 15328, Apr. 12, 1978, as amended by CGD 75-145, 42 FR [CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR
15325, Apr. 12, 1978]
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,

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M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 Commandant means the Commandant of the United States Coast Guard.
Commanding Officer, Vessel Traffic Services means the Coast Guard
CODE OF FEDERAL REGULATIONS officer designated by the Commandant to command a Vessel Traffic
PART 160 - PORTS AND WATERWAYS Service (VTS) as described in part 161 of this chapter.
SAFETY - GENERAL Deviation means any departure from any rule in this subchapter.
District Commander means the Coast Guard officer designated by the
Commandant to command a Coast Guard District as described in part 3 of
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." this chapter.
However, we reprinted only those subparts and sections of concern to foreign ETA means estimated time of arrival.
Length of Tow means, when towing with a hawser, the length in feet
vessels. If you need additional information listed in this Table of Contents that does
from the stem of the towing vessel to the stem of the last vessel in tow.
not appear in the pages that follow, please write or fax us. We will be glad to furnish When pushing ahead or towing alongside, length of tow means the tandem
this information for a small service charge] length in feet of the vessels in tow excluding the length of the towing
vessel.
TABLE OF CONTENTS Person means an individual, firm, corporation, association, partnership,
or governmental entity.
Subpart A—General State means each of the several States of the United States, the District
160.1 Purpose. of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,
160.3 Definitions the United States Virgin Islands, the Trust Territories of the Pacific Islands,
160.5 Delegations the Commonwealth of the Northern Marianas Islands, and any other
160.7 Appeals. commonwealth, territory, or possession of the United States.
Tanker means a self-propelled tank vessel constructed or adapted
Subpart B—Control of Vessel and Facility Operations primarily to carry oil or hazardous materials in bulk in the cargo spaces.
160.101 Purpose. Tank Vessel means a vessel that is constructed or adapted to carry, or
160.103 Applicability that carries, oil or hazardous material in bulk as cargo or cargo residue
160.105 Compliance with orders Vehicle means every type of conveyance capable of being used as a
160.107 Denial of entry. means of transportation on land.
160.109 Waterfront facility safety Vessel means every description of watercraft or other artificial
160.111 Special orders applying to vessel operations. contrivance used, or capable of being used, as a means of transportation on
160.113 Prohibition of vessel operation and cargo transfers water.
160.115 Withholding of clearance. Vessel Traffic Services (VTS) means a service implemented under Part
161 of this chapter by the United States Coast Guard designed to improve
Subpart C—Notifications of Arrivals, Departures, Hazardous the safety and efficiency of vessel traffic and to protect the environment
Conditions, and Certain Dangerous Cargoes The VTS has the capability to interact with marine traffic and respond to
160.201 Applicability and exceptions to applicability. traffic situations developing in the VTS area.
160.203 Definitions Vessel Traffic Service Area or VTS Area means the geographical area
160.205 Waivers. encompassing a specific VTS area of service as described in Part 161 of
160.207 Notice of arrival: Vessels bound for ports or places in the United this chapter. This area of service may be subdivided into sectors for the
States. purpose of allocating responsibility to individual Vessel Traffic Centers or
160.209 [Reserved] to identify different operating requirements.
160.211 Notice of arrival: Vessels carrying certain dangerous cargo. Note: Although regulatory jurisdiction is limited to the navigable waters
160.213 Notice of departure: Vessels carrying certain dangerous cargo of the United States, certain vessels will be encouraged or may be required,
160.215 Notice of hazardous conditions as a condition of port entry, to report beyond this area to facilitate traffic
management within the VTS area.
AUTHORITY: Authority: 33 U.S.C. 1223, 1231; 49 CFR 1.46. VTS Special Area means a waterway within a VTS area in which special
SOURCE: CGD 79-026, 48 FR 35404, Aug. 4, 1983, unless otherwise operating requirements apply.
noted. [CGD 90-020, 59 FR 36323, July 15, 1994]

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

33 CFR PART 160


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M.E.T. PUBLICATION 515 — 5TH EDITION
authority may be exercised by Vessel Traffic Center personnel. The
Vessel Traffic Center may, within the Vessel Traffic Service area, Subpart B—Control of Vessel and Facility Operations
provide information, make recommendations, or, to a vessel required
under Part 161 of this chapter to participate in a Vessel Traffic 160.101 Purpose.
Service, issue an order, including an order to operate or anchor as This subpart describes the authority exercised by District Commanders
directed; require the vessel to comply with orders issued; specify times and Captains of the Ports to insure the safety of vessels and waterfront
of entry, movement or departure; restrict operations as necessary for facilities, and the protection of the navigable waters and the resources
safe operation under the circumstances; or take other action necessary therein. The controls described in this subpart are directed to specific
for control of the vessel and the safety of the port or of the marine situations and hazards.
environment.
[CGD 79-028, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-037, 53 FR 160.103 Applicability.
21815, June 10, 1988; CGD 90-020, 59 FR 36324 July 15, 1994] (a) This subpart applies to any—
(1) Vessel on the navigable waters of the United States, except as
160.7 Appeals. provided in paragraphs (b) and (c) of this section;
(a) Any person directly affected by a safety zone or an order or direction (2) Bridge or other structure on or in the navigable waters of the United
issued under this subchapter may request reconsideration by the official States; and
who issued it or in whose name it was issued. This request may be made (3) Land structure or shore area immediately adjacent to the navigable
orally or in writing, and the decision of the official receiving the request waters of the United States.
may be rendered orally or in writing. (b) This subpart does not apply to any vessel on the Saint Lawrence
(b) Any person directly affected by the establishment of a safety zone or Seaway.
by an order or direction issued by, or on behalf of, a Captain of the Port (c) Except pursuant to international treaty, convention, or agreement, to
may appeal to the District Commander through the Captain of the Port. The which the United States is a party, this subpart does not apply to any
appeal must be in writing, except as allowed under paragraph (d) of this foreign vessel that is not destined for, or departing from, a port or place
section, and shall contain complete supporting documentation and evidence subject to the jurisdiction of the United States and that is in:
which the appellant wishes to have considered. Upon receipt of the appeal, (1) Innocent passage through the territorial sea of the United States;
(2) Transit through the navigable waters of the United States which form
the District Commander may direct a representative to gather and submit
a part of an international strait
documentation or other evidence which would be necessary or helpful to
a resolution of the appeal. A copy of this documentation and evidence is
made available to the appellant The appellant is afforded five working 160.105 Compliance with orders.
days from the date of receipt to submit rebuttal materials. Following Each person who has notice of the terms of an order issued under this
submission of all materials, the District Commander issues a ruling, in subpart must comply with that order.
writing, on the appeal. Prior to issuing the ruling, the District Commander
may, as a matter of discretion, allow oral presentation on the issues. 160.107 Denial of entry.
(c) Any person directly affected by the establishment of a safety Each District Commander or Captain of the Port, subject to recognized
zone or by an order or direction issued by a District Commander, or principles of international law, may deny entry into the navigable waters
who receives an unfavorable ruling on an appeal taken under paragraph of the United States or to any port or place under the jurisdiction of the
(b) of this section, may appeal through the District Commander to the United States, and within the district or zone of that District Commander
Chief, Marine Safety and Environmental Protection, U.S. Coast Guard, or Captain of the Port, to any vessel not in compliance with the provisions
Washington, D.C. 20593. The appeal must be in writing, except as of the Port and Tanker Safety Act (33 U.S.C. 1221-1232) or the regulations
allowed under paragraph (d) of this section. The District Commander issued thereunder.
forwards the appeal, all the documents and evidence which formed the
record upon which the order or direction was issued or the ruling under 160.109 Waterfront facility safety.
paragraph (b) of this section was made, and any comments which (a) To prevent damage to, or the destruction of, any bridge or other
might be relevant, to the Chief, Marine Safety and Environmental structure on or in the navigable waters of the United States, or any land
Protection. A copy of this documentation and evidence is made structure or shore area immediately adjacent to such waters, and to protect
available to the appellant. The appellant is afforded five working days the navigable waters and the resources therein from harm resulting from
from the date of receipt to submit rebuttal materials to the Chief, vessel or structure damage, destruction, or loss, each District Commander
Marine Safety and Environmental Protection. The decision of the or Captain of the Port may:
Chief, Marine Safety and Environmental Protection is based upon the (1) Direct the handling, loading, unloading, storage, and movement
materials submitted, without oral argument or presentation. The (including the emergency removal, control and disposition) of explosives
decision of the Chief, Marine Safety and Environmental Protection is or other dangerous articles and substances, including oil or hazardous
issued in writing and constitutes final agency action. material as those terms are defined in section 4417a of the Revised
(d) If the delay in presenting a written appeal would have significant Statutes, as amended (46 U.S.C. 391a) on any structure on or in the
adverse impact on the appellant, the appeal under paragraphs (b) and (c) of navigable waters of the United States, or any land structure or shore area
this section may initially be presented orally. If an initial presentation of immediately adjacent to those waters; and
the appeal is made orally, the appellant must submit the appeal in writing (2) Conduct examinations to assure compliance with the safety
within five days of the oral presentation to the Coast Guard official to equipment requirements for structures.
whom the presentation was made. The written appeal must contain, at a
minimum, the basis for the appeal and a summary of the material presented 160.111 Special orders applying to vessel operations.
orally. If requested, the official to whom the appeal is directed may stay Each District Commander or Captain of the Port may order a vessel to
the effect of the action while the ruling is being appealed. operate or anchor in the manner directed when:
[CGD 79-026, 48 FR 35404; Aug. 4, 1983, as amended by CGD 88-052, 53 FR (a) The District Commander or Captain of the Port has reasonable cause
25122, July 1, 1988; 61 FR 33660, June 28, 1996] to believe that the vessel is not in compliance with any regulation, law or
treaty;

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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]

160.115 Withholding of clearance. 160.203 Definitions.


Each District Commander or Captain of the Port may request the As used in this subpart:
Secretary of the Treasury, or the authorized representative thereof, to Agent means any person, partnership, firm, company or corporation
withhold or revoke the clearance required by 46 U.S.C. 91 of any vessel, engaged by the owner or charterer of a vessel to act in their behalf in
the owner or operator of which is subject to any penalties under 33 U.S.C. matters concerning the vessel.
1232. Carried in bulk means a commodity that is loaded or carried on board
[CGD 79-028, 48 FR 35-404; Aug. 4, 1983; 48 FR 39059, Aug. 29, 1983] a vessel without containers or labels and received and handled without
mark or count
Subpart C—Notifications of Arrivals, Departures, Certain dangerous cargo includes any of the following:
Hazardous Conditions, and Certain Dangerous Cargoes (a) Division 1.1 or 1.2 (explosive) materials, as defined in 49 CFR
173.50.
(b) Oxidizing materials or blasting agents for which a permit is required
160.201 Applicability and exceptions to applicability. under 49 CFR 176.415.
(a) This subpart prescribes notification requirements for U.S. and foreign

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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]

PAGE 4 33 CFR PART 160


303
M.E.T. PUBLICATION 515 — 5TH EDITION

160.213 Notice of departure: Vessels carrying certain dangerous cargo.


(a) The owner, agent, master, operator, or person in charge of a vessel,
except a barge, departing from a port or place in the United States for any
other port or place and carrying certain dangerous cargo, shall notify the
Captain of the Port or place of departure at least 24 hours before departing,
unless this notification was made within 2 hours after the vessel's arrival,
of the:
(1) Name of the vessel;
(2) Country of registry of the vessel;
(3) Call sign of the vessel;
(4) International Maritime Organization (IMO) international number or,
if the vessel does not have an assigned IMO international number, the
official number of the vessel;
(5) Name of the registered owner of the vessel;
(6) Name of the operator of the vessel;
(7) Name of the classification society of the vessel;
(8) Name of the port or place of departure;
(9) Name of the port or place of destination;
(10) Estimated date and time of arrival at this port or place;
(11) Name and telephone number of a 24-hour point of contact;
(12) Name of each of the certain dangerous cargoes carried;
(13) Amount of each of the certain dangerous cargoes carried;
(14) Stowage location of each of the certain dangerous cargoes carried;
and
(15) Operational condition of the equipment under 16435 of this
chapter.
(b) The owner, agent, master, operator, or person in charge of a barge
departing from a port or place in the United States for any other port or
place and carrying certain dangerous cargo shall report the information
required in paragraphs (a)(1) through (a)(4) and (a)(8) through (15) of this
section to the Captain of the Port of the port or place of departure at least
4 hours before departing, unless this report was made within 2 hours after
the barge's arrival.
[CGD 79-028, 48 FR 35404, Aug. 4, 1983, as amended by CGD 86-055, 54 FR
14078, Apr. 7, 1989; CGD 94-027, 59 FR 39460, Aug. 3, 1994; 61 FR 50232, Sept.
25, 1996]

160.215 Notice of hazardous conditions.


Whenever there is a hazardous condition either aboard a vessel or caused
by a vessel or its operation, the owner, agent, master, operator, or person
in charge shall immediately notify the nearest Coast Guard Marine Safety
office or Group office. (Compliance with this section does not by itself
discharge the duty of compliance with 46 CFR 4.05-10.)
[CGD 94-027, 59 FR 39460, Aug. 3, 1994]

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33 CFR PART 160
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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.

33 CFR PART 161


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305
M.E.T. PUBLICATION 515 — 5TH EDITION
Vessel Movement Reporting System (VMRS) is a system used to manage deviation if it is determined that such a deviation provides a level of safety
and track vessel movements within a VTS area. This is accomplished by equivalent to that provided by the required measure or is a maneuver
a vessel providing information under established procedures as set forth in considered necessary for safe navigation under the circumstances. An
this part, or as directed by the VTS. application for an authorized deviation must state the need and fully
Vessel Movement Reporting System (VMRS) User means a vessel, or an describe the proposed alternative to the required measure.
owner, operator, charterer, master, or person directing the movement of a (b) Requests to deviate from any provision in this part due to
vessel, that is required to participate in a VMRS within a VTS area. VMRS circumstances that develop during a transit or immediately proceeding a
participation is required for: transit, may be made verbally to the appropriate VTS Commanding Officer.
(1) Every power-driven vessel of 40 meters (approximately 131 feet) or Requests to deviate shall be made as far in advance as practicable. Upon
more in length, while navigating; receipt of the request, the VTS Commanding Officer may authorize a
(2) Every towing vessel of 8 meters (approximately 26 feet) or more in deviation if it is determined that, based on vessel handling characteristics,
length, while navigating; or traffic density, radar contacts, environmental conditions and other relevant
(3) Every vessel certificated to carry 50 or more passengers for hire, information, such a deviation provides a level of safety equivalent to that
when engaged in trade. provided by the required measure or is a maneuver considered necessary
Vessel Traffic Center (VTC) means the shore-based facility that operates for safe navigation under the circumstances.
the vessel traffic service for the Vessel Traffic Service area or sector within
such an area. Services, VTS Measures, and Operating Requirements
Vessel Traffic Services (VTS) means a service implemented by the United
States Coast Guard designed to improve the safety and efficiency of vessel 161.10 Services.
traffic and to protect the environment The VTS has the capability to To enhance navigation and vessel safety, and to protect the marine
interact with marine traffic and respond to traffic situations developing in environment, a VTS may issue advisories, or respond to vessel requests for
the VTS area. information, on reported conditions within the VTS area, such as:
Vessel Traffic Service Area or VTS Area means the geographical area (a) Hazardous conditions or circumstances;
encompassing a specific VTS area of service. This area of service may be (b) Vessel congestion;
subdivided into sectors for the purpose of allocating responsibility to (c) Traffic density;
individual Vessel Traffic Centers or to identity different operating (d) Environmental conditions;
(e) Aids to navigation status;
requirements.
(f) Anticipated vessel encounters;
Note: Although regulatory jurisdiction is limited to the navigable waters (g) Another vessel's name, type, position, hazardous vessel operating
of the United States, certain vessels will be encouraged or may be required,
conditions, if applicable, and intended navigation movements, as reported;
as a condition of port entry, to report beyond this area to facilitate traffic
(h) Temporary measures in effect;
management within the VTS area. (i) A description of local harbor operations and conditions, such as ferry
VTS Special Area means a waterway within a VTS area in which special routes, dredging, and so forth;
operating requirements apply. (j) Anchorage availability; or
VTS User means a vessel, or an owner, operator, charterer, master, or (k) Other information or special circumstances.
person directing the movement of a vessel, that is:
(a) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act; or
161.11 VTS measures.
(b) Required to participate in a VMRS within a VTS area (VMRS User).
(a) A VTS may issue measures or directions to enhance navigation and
VTS User's Manual means the manual established and distributed by the
vessel safety and to protect the marine environment, such as, but not
VTS to provide the mariner with a description of the services offered and
limited to:
rules in force for that VTS. Additionally, the manual may include chartlets
(1) Designating temporary reporting points and procedures;
showing the area and sector boundaries, general navigational information (2) Imposing vessel operating requirements; or
about the area, and procedures, radio frequencies, reporting provisions and (3) Establishing vessel traffic routing schemes.
other information which may assist the mariner while in the VTS area. (b) During conditions of vessel congestion, restricted visibility, adverse
weather, or other hazardous circumstances, a VTS may control, supervise,
161.3 Applicability. or otherwise manage traffic, by specifying times of entry, movement, or
The provisions of this subpart shall apply to each VTS User and may departure to, from, or within a VTS area.
also apply to any vessel while underway or at anchor on the navigable
waters of the United States within a VTS area, to the extent the VTS 161.12 Vessel operating requirements.
considers necessary. (a) Subject to the exigencies of safe navigation, a VTS User shall
comply with all measures established or directions issued by a VTS.
161.4 Requirement to carry the rules. (1) V, in a specific circumstance, a VTS User is unable to safely comply
Each VTS User shall carry on board and maintain for ready reference a with a measure or direction issued by the VTS, the VTS User may deviate
copy of these rules. only to the extent necessary to avoid endangering persons, property or the
Note: These rules are contained in the applicable U.S. Coast Pilot, the environment. The deviation shall be reported to the VTS as soon as is
VTS User's Manual which may be obtained by contacting the appropriate practicable.
VTS, and periodically published in the Local Notice to Mariners, The VTS (b) When not exchanging communications, a VTS User must maintain
User's Manual and the World VTS Guide, an International Maritime a listening watch as required by §26.04(e) of this chapter on the VTS
Organization (IMO) recognized publication, contain additional information frequency designated in Table 161.12(b) (VTS Call Signs, Designated
which may assist the prudent mariner while in the appropriate VTS area. Frequencies, and Monitoring Areas). In addition, the VTS User must
respond promptly when hailed and communicate in the English language.
161.5 Deviations from the rules. Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16
(a) Requests to deviate from any provision in this part, either for an (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-
extended period of time or if anticipated before the start of a transit, must Bridge Radiotelephone Act and participating in a Vessel Traffic Service
be submitted in writing to the appropriate District Commander. Upon (VTS) system when the watch is maintained on born the vessel bridge-to-
receipt of the written request, the District Commander may authorize a bridge frequency and a designated VTS frequency.

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33 CFR PART 161
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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.

PAGE 3 33 CFR PART 161


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M.E.T. PUBLICATION 515 — 5TH EDITION

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

33 CFR PART 161 PAGE 4


308
M.E.T. PUBLICATION 515 — 5TH EDITION
Table 161.18 (a).—The IMO Standard Ship Reporting System—Cont. on the frequency designated in Table 161.12(b) (VTS Call Signs,
G GOLF Port of Departure Name of last port of call. Designated Frequencies, and Monitoring Areas).
(c) When not exchanging communications, a VMRS User must maintain
H HOTEL Date, time and Entry time expressed as in (B)
a listening watch as described in §26.04(e) of this chapter on the frequency
point of entry and into the entry position ex-
designated in Table 161.12(b) (VTS Call Signs, Designated Frequencies,
system expressed as in (C) or (D).
I INDIA Destination and Name of port and date time and Monitoring Areas). In addition, the VMRS User must respond promptly
when hailed and communicate in the English language.
expected time of expressed as in (B).
arrival Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16
J JULIET Pilot State whether a deep sea or (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-
local pilot is on board. Bridge Radiotelephone Act and participating in a Vessel Traffic Service
K KILO Date, time and Exit time expressed as in (B) (VTS) system when the watch is maintained on both the vessel bridge-to-
bridge frequency and a designated VTS frequency.
point of exit exit position expressed as in (C)
(d) When reports required by this part include time information, such
from system or (D).
L LIMA Route information Intended track. information shall be given using the local time zone in effect and the 24-
M MIKE Radio State in full names of commun- hour military clock system.
ications stations/frequencies
guarded. 161.19 Sailing Plan (SP).
N NOVEMBER Time of next report Date time group expressed as in Unless otherwise stated, at least 15 minutes before navigating a VTS
(B). area, a vessel must report the:
O OSCAR Maximum present 4 digit group giving meters and (a) Vessel name and type;
static draught centimeters. (b) Position;
in meters (c) Destination and ETA;
P PAPA Cargo on board Cargo and brief details of any (d) Intended route;
dangerous cargoes as well as (e) Time and point of entry; and
harmful substances and gases (f) Dangerous cargo on board or in its tow, as defined in §160.203 of
that could endanger persons this chapter, and other required information as set out in §160.211 and
or the environment §160.213 of this chapter, if applicable.
Q QUEBEC Defects, damage, Brief detail of defects, damage,
deficiencies or deficiencies or other limita- 161.20 Position Report (PR).
limitations tions. A vessel must report its name and position:
R ROMEO Description of Brief details of type of (a) Upon point of entry into a VTS area;
pollution or (oil, chemicals, etc) or danger- (b) At designated reporting points as set forth in subpart C; or
dangerous goods ous goods lost overboard; posi- (c) When directed by the VTC.
lost tion expressed as in (C) or (D). Note: Notice of temporary reporting points, if established, may be
S SIERRA Weather conditions Brief details of weather and sea published via Local Notices to Mariners, general broadcast or the VTS
conditions prevailing. User's Manual.
T TANGO Ship's representa- Details of name and particulars
tive and/or owner of ship's representative and/or 161.21 Sailing Plan Deviation Report (DR).
owner for provision of A vessel must report
information. (a) When its ETA to a destination varies significantly from a previously
U UNIFORM Ship size and type Details of length, breadth, reported ETA;
tonnage, and type, etc., as (b) Any intention to deviate from a VTS issued measure or vessel traffic
required. routing system, or
V VICTOR Medical personnel Doctor, physician's assistant, (c) Any significant deviation from previously reported information.
nurse, no medic.
W WHISKEY Total number of State number. 161.22 Final Report (FR).
persons on board A vessel must report its name and position:
X X-RAY Miscellaneous Any other information as ap- (a) On arrival at its destination; or
propriate. [ i.e. a detailed (b) When leaving a VTS area.
description of a planned operation,
which may include: its duration; 161.23 Reporting exemptions.
effective area; any restrictions to (a) Unless otherwise directed, the following vessels are exempted from
navigation; notification procedures providing Position and Final Reports due to the nature of their operation:
for approaching vessels; in
(1) Vessels on a published schedule and route;
addition, for a towing operation:
(2) Vessels operating within an area of a radius of three nautical miles or
configuration. length of the tow.
less; or
available horsepower, etc.; for a
(3) Vessels escorting another vessel or assisting another vessel in
dredge or floating plant,
configuration of pipeline, mooring maneuvering procedures.
configuration, number of assist (b) A vessel described in paragraph (a) of this section must
vessels, etc.]. (1) Provide a Sailing Plan at least 5 minutes but not more than 15 minutes
before navigating within the VTS area; and
(2) If it departs from its promulgated schedule by more than 15 minutes
(2) Establish other means of reporting for those vessels unable to report or changes its limited operating area, make the established VMRS reports,
on the designated frequency; or or report as directed.
(3) Require reports from a vessel in sufficient time to allow advance
vessel traffic planning.
(b) All reports required by this part shall be made as soon as is practicable

PAGE 5 33 CFR PART 161


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M.E.T. PUBLICATION 515 — 5TH EDITION
(c) In those VTS areas capable of receiving automated position reports (b) Precautionary Areas.
from Automated Dependent Surveillance Shipborne Equipment (ADSSE)
as required by §164.43 of this chapter and where ADSSE is required, Table 161.35 (b)—VTS Houston/Galveston Precautionary Areas
vessels equipped with an operating ADSSE are not required to make voice
radio position reports at designated reporting points as required by
§161.20(b) of this part, unless otherwise directed by the VTC. Center point
(1) Whenever an ADSSE becomes non-operational as defined in Precautionary area name Radius (yds.)
Latitude Longitude
§164.43(c)
of this chapter, before entering or while underway in a VTS area, a vessel Bolivar Roads 4000 29°20.9'N 94°47.0'W
must Red Fish Bar 4000 29°29.8'N 94°51.9'W
(i) Notify the VTC; Bayport Channel 4000 29°36.7'N 94°57.2'W
(ii) Make voice radio position reports at designated reporting points as Morgans Point 2000 29°41.0'N 94°59.0'W
required by §161.20(b) of this part; Upper San 1000 29°42.3'N 95°01.1'W
(iii) Make other voice radio reports as directed; and Jacinto Bay
(iv) Restore the ADSSE to operating condition as soon as possible. Baytown 1000 29°43.6'N 95°01.4'W
(2) Whenever an ADSSE becomes non-operational due to a toss of Lynchburg 1000 29°45.8'N 95°04.8'W
position correction information (i.e., the U.S. Coast Guard differential Carpenters Bayou 1000 29°453'N 95°05.6'W
global positioning system (dGPS) cannot provide the required error Jacintoport 1000 29°44.8'N 95°06.0'W
correction messages) a vessel must: Greens Bayou 1000 29°44.8'N 95°10.2'W
(i) Make required voice radio position reports at designated reporting Hunting Bayou 1000 29°44.3'N 95°12.1'W
points required by §161.20(b) of this part; and Sims Bayou 1000 29°43.1'N 95°14.4'W
(ii) Make other voice radio reports as directed. Brady Island 1000 29°43.5'N 95°16.4'W
Note: Regulations pertaining to ADSSE required capabilities are set Buffalo Bayou 1000 29°45.0'N 95°17.3'W
forth in §164.43 of this chapter.
Note: Each Precautionary Area encompasses a circular area of the radius
Subpart C—Vessel Traffic Service Areas, Cooperative denoted.
Vessel Traffic Service Area, Vessel Traffic Service (c) Reporting Points. [MET Editorial Note: Table 161.35(c)-VTS
Special Areas and Reporting Points. Houston/Galveston Reporting Points can be found on the following page.]
NOTE: All geographic coordinates contained in part 161 (latitude and
longitude) are expressed in North American Datum of 1983 (NAD 83).
161.40 Vessel Traffic Service Berwick Bay.
(a) The VTS area consists of the navigable waters of the following
161.25 Vessel Traffic Service New York Area. segments of waterways: the Intracoastal Waterway (ICW) Morgan City
The area consists of the navigable waters of the Lower New York Harbor to Port Alien Alternate Route from Mile Marker 0 to Mile Marker 5;
bounded on the east by a line drawn from Norton Point to Breezy Point; on the ICW from Mile Marker 93 west of Harvey Lock (WHL) to Mile
the south by a line connecting the entrance buoys at the Ambrose Channel, Marker 102 WHL; the Atchafalaya River Route from Mile Marker 113
Swash Channel, and Sandy Hook Channel to Sandy Hook Point; and on the to Mile Marker 122; from Bayou Shaffer Junction (ICW Mile Marker
southeast including the waters of Sandy Hook Bay south to a line drawn at 94.5 WHL) south one statute mile along Bayou Shaffer; and from
latitude 40°25'N.; then west into waters of the Raritan Bay to the Raritan Berwick Lock northwest one statute mile along the Lower Atchafalaya
River Rail Road Bridge; and then north including the waters of the Arthur River.
Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude (b) VTS Special Area. The Berwick Bay VTS Special Area consists of
40°41.9'N.; and then east including the waters of the Kill Van Kull and those waters within a 1000 yard radius of the Southern Pacific Railroad
Upper New York Bay north to a line drawn east-west from the Holland Bridge located at Mile .03 MC/PA.
Tunnel Ventilator Shaft at latitude 40°43.7'N., longitude 74°01.6'W. in the (c) Reporting Points. [MET Editorial Note: Table 161.35(c)-VTS
Hudson River, and then continuing east including the waters of the East
Berwick Bay Reporting Points CAN be found on the following page.]
River to the Throgs Neck Bridge, excluding the Harlem River.
Note: Although mandatory participation in VTSNY is limited to the area
within the navigable waters of the United States, VTSNY will provide 161.45 Vessel Traffic Service St. Marys River.
services beyond those waters. Prospective users are encouraged to report (a) The VTS area consists of the navigable waters of the St. Marys
beyond the area of required participation in order to facilitate advance River and lower Whitefish Bay from 45°57' N. (De Tour Reef Light)
vessel traffic management in the VTS area and to receive VTSNY to the south, to 46°38.7' N. (Ile Parisienne Light) to the north, except
advisories and/or assistance. the waters of the St. Marys Falls Canal, and to the east along a line
[61 FR 45323, Aug.29, 1996] from La Pointe to Sims Point, within Potagannissing Bay and Worsley
Bay.
161.30 Vessel Traffic Service Louisville. (b) Reporting Points. [MET Editorial Note: Table 161.35(c)-VTS
The VTS area consists of the navigable waters of the Ohio River between St. Marys River Reporting Points CAN be found on the following page.]
McAlpine Locks (Mile 606) and Twelve Mile Island (Mile 593), only when
the McAlpine upper pool gauge is at 13.0 feet or above. 161.50 Vessel Traffic Service San Francisco.
The VTS area consists of all the navigable waters of San Francisco Bay
161.35 Vessel Traffic Service Houston/Galveston. Region south of the Mare Island Causeway Bridge and the Petaluma River
(a) The VTS area consists of the following major waterways and portions of Entrance Channel Daybeacon 19 and Petaluma River Entrance Channel
connecting waterways: Galveston Bay Entrance Channel; Outer Bar Light 20 and north of the Dumbarton Bridge; its seaward approaches within
Channel; Inner Bar Channel; Bolivar Roads Channel; Galveston Channel; a 38 nautical mile radius of Mount Tamalpais (37°55.8' N., 122°34.6' W.);
Gulf ICW and Galveston-Freeport Cut-Off from Mile 346 to Mile 352; and its navigable tributaries as far east as the port of Stockton on the San
Texas City Channel; Texas City Turning Basin; Texas City Canal Channel; Joaquin River, as far north as the port of Sacramento on the Sacramento
Texas City Canal Turning Basin; Houston Ship Channel; Bayport Channel; River.
Bayport Turning Basin; Houston Turning Basin; and the following [CGD 90-020, 59 FR 36324, July 15, 1994; as amended by CGD 95-033, 60 FR
precautionary areas associated with these waterways. 28332, May 31, 1995]

PAGE 6
33 CFR PART 161
310
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]

Table 161.40 (c)—VTS Berwick Bay Reporting Points

Designator Geographic name Geographic description Latitude/longitude Notes


1 Stouts Pass ......... Stalls Point Light "1" Mile 29°43'47" N
113-Atchafalaya River 91°13'25" W
2 Berwick Lock ....... Mile 1.9 MC/PA 29°43'10" N If transiting the Lock.
91°13'28" W
3 Conrad's Point Junction Buoy "l" Mile 1.5 MC/PA 29°42'32" N
91°13'14" W
4 Swift Ships Flat Lake Mile 3 MC/PA 29°43'26" N
Junction 91°12'22" W
5 South Pacific Railroad Mile 0.3 MC/PA 29°41'34" N
Bridge 91°12'44" W
6 20 Grant Point Junction . Bayou Boeuf-Atchafalaya 29°41'18"N
R. Mile 95.5 ICW 91°12'36" W
7 ICW .............. Overhead Power Cable 29°40'43" N
Mile 96.5 ICW 91°13'18" W
8 Wax Bayou Junction .. . Light "A" Mile 98.2W 29°39'29" N
ICW 91°14'46" W
9 Shaffer Junction ...... ICW-Bayou Shaffer Mile 29°41'10"N
94.5 ICW 91°11'38"W

[CGD 90-020, 59 FR 36324, July 15, 1994; as amended by CGD 95-033, 60 FR 28332, May 31, 1995]

33 CFR PART 161


PAGE 7
311
M.E.T. PUBLICATION 515 — 5TH EDITION

Table 161.45 (b)—VTS St. Marys River Reporting Points


Designator Geographic name Geographic description Latitude/longitude Notes
1 ................ Ile Parisienne ........ Ile Parisienne Light . . . 46°37.3'N; 84°45.9' W . Downbound Only.
2 ................ Gros Cap Reef....... Gros Cap Reefs Light .. 46°30.6'N; 84°37.1' W . Upbound Only.
3 ................ Round Island ........ Round Island Light 32 . 46°26.9'N; 84°31.7' W.
4 ................ Pointe Louise ........ Pointe Louise Light ... 46°27.8'N; 84°28.2' W.
5* ............... West End of Locks. .. . West Center Pierhead 46°30.2'N; 84°22.2' W . Upbound Only.
Light
6 ................ East End of Locks .... East Center Pierhead Light 46°30.1'N; 84°20.3' W . Downbound Only.
7 ................ Mission Point ....... Light 99 ........... 46°29.2'N; 84°18.1' W.
8 ................ Six Mile Point ....... Six Mile Point ....... 46°26.1'N; 84°15.4' W.
9 ................ Ninemile Point ....... Light 80 ........... 46°23.5'N; 84°14.1' W.
10 ............... West Neebish Channel . Light 29 ........... 46°16.9'N; 84°12.5' W . Downbound Only.
11 ............... Munuscong Lake Junction Lighted Junction Buoy . 46°10.8'N; 84°05.6' W.
12 ............... De Tour Reef ....... De Tour Reef Light .. . 46°56.9'N; 83°53.7' W.

[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

Table 161.60 (d) - VTS Prince William Sound Reporting Points


Designator Geographic name Geographic description Latitude/longitude Notes
1 ................................ Cape Hinchinbrook .... Cape Hinchinbrook .... 60°16'18"N;146°45'30"W Northbound Only.
1 ................................ Schooner Rock ...... Schooner Rock ...... 60°16'42"N;146°51'36"W Southbound Only.
2 ................................ Naked Island ........ Naked Island ........ 60°40'00"N;147°01'24"W Northbound Only.
2 ................................ Naked Island ........ Naked Island ........ 60°40'00"N; 147°05'00" W Southbound Only.
3 ................................ Bligh Reef.......... Bligh Reef Light (Pilot 60°50'36"N;146°57'30"W Northbound Only.
3 ................................ Bligh Reef.......... Embark) 60°51'00"N;147°01'24"W Southbound Only.
B Bligh Reef Light (Pilot
4 ................................ Rocky Point ........ Disembark) 60°57'48"N;146°47'30"W Northbound Only.
A Rocky Point ........
4 ................................ Rocky Point ........ Rocky Point ........ 60°S7'48"N;146°50'00''W Southbound Only.
5 ................................ Entrance Island ...... Entrance Island Light . . 61°05'24"N;146°37'30"W

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995]

PAGE 9 33 CFR PART 161


313
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
162.195 Santa Monica Bay, Calif.; restricted area.
CODE OF FEDERAL REGULATIONS 162.200 Marina del Rey, Calif.; restricted area.
PART 162 - INLAND WATERWAYS 162.205 Suisun Bay, San Joaquin River, Sacramento River, and connect-
NAVIGATION REGULATIONS ing waters, CA.
162.210 Lake Tahoe, Calif., restricted areas along south shore.
[MET Editorial Note: This page shows the entire Table of Contents for this 162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.
"Part." However, we reprinted only those subparts and sections of concern to 162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River),
foreign vessels. If you need additional information listed in this Table of Contents Ariz.-Nev.
that does not appear in the pages that follow, please write or fax us. We will be glad 162.225 Columbia and Willamette Rivers, Washington and Oregon;
administration and navigation
to furnish this information for a small service charge] 162.230 Columbia River, Wash.
TABLE OF CONTENTS 162.235 Puget Sound Area, Wash
162.240 Tongass Narrows, Alaska; navigation.
162.245 Kenai River, Kenai, Alaska; use, administration, and navigation. .
162.1 General
162.250 Port Alexander, Alaska; speed of vessels.
162.15 Manhasset Bay, N.Y; seaplane restricted area.
162.255 Wrangell Narrows, Alaska; use, administration, and navigation
162.20 Flushing Bay near La Guardia Airport, Flushing, N Y.; restricted
162.260 Channel leading to San Juan Harbor, P.R.; use, administration,
area.
and navigation
162.30 Channel of Tuckerton Creek, NJ.; navigation
162.270 Restricted areas in vicinity of Maritime Administration Reserve
162.35 Channel of Christina River, Del., navigation.
Fleets.
162.40 inland waterway from Delaware River to Chesapeake Bay, Del.
and Md. (Chesapeake and Delaware Canal).
AUTHORITY: 33 U.S.C 1231; 49 CFR 1 46
162.65 All waterways tributary to the Atlantic Ocean south of Chesa-
SOURCE: CGD 75-082, 42 FR 51759, Sept 29, 1977, unless otherwise
peake Bay and all waterways tributary to the Gulf of Mexico noted.
and south of St. Marks, Fla.
162.75 All waterways tributary to the Gulf of Mexico (except the
Mississippi River, its tributaries, South and Southwest Passes
Atchafalaya River) from St. Marks, Ha., to the Rio Grande. 162.1 General
162.80 Mississippi River below mouth of Ohio River, including South Geographic coordinates expressed in terms of latitude or longitude,
and Southwest passes. or both, are not intended for plotting on maps or charts whose referenced
162.85 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at horizontal datum is the North American Datum of 1983 (NAD
Kleinston Landing to Fisher Street; navigation. 83), unless such geographic coordinates are expressly labeled NAD 83
162.90 White River, Arkansas Post Canal, Arkansas River, and Geographic coordinates without the NAD 83 reference may be plotted
River between Mississippi River, Ark., and Catoosa, Okla.; use, on maps or charts referenced to NAD 83 only after application of the
administration, and navigation. appropriate corrections that are published on the particular map or
162.100 Ohio River at Louisville, KY chart being used.
162.105 Missouri River, administration and navigation. [CGD 86-082, 52 FR 33811, Sept. 8, 1987]
162.110 Duluth-Superior Harbor, Minnesota and Wisconsin.
162.115 Keweenaw Waterway, Mich.
162.15 Manhasset Bay, N.Y.; seaplane restricted area.
162.117 St. Marys River, Sault Ste. Marie, Michigan.
162.120 Harbors on Lake Michigan (a) The restricted area. An area in Manhasset Bay between the shore at
162.125 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wise Manorhaven on the north and the southerly limit line of the special
162.130 Connecting waters from Lake Huron to Lake Erie; general rules. anchorage area in Manhasset Bay, west area at Manorhaven (described in
162.132 Connecting waters from Lake Huron to Lake Erie; communica- §202.60 of this chapter), on the south; its axis being a line bearing 166°50'
tions rules true from latitude 40°50'17.337", longitude 73°43'03.877", which point
162.134 Connecting waters from Lake Huron to Lake Erie; traffic rules. is on the south side of Orchard Beach Boulevard at Manorhaven; and being
162.136 Connecting waters from Lake Huron to Lake Erie; anchorage 100 feet wide for a distance of 380 feet in a southerly direction from the
grounds. south side of Orchard Beach Boulevard, and thence flaring to a width of
162.138 Connecting waters from Lake Huron to Lake Erie, speed rules 300 feet at the southerly limit line.
162.140 Connecting waters from Lake Huron to Lake Erie; miscellaneous (b) The regulations.
rules (1) Vessels shall not anchor or moor within the restricted area.
162.145 Monroe Harbor, Mich. (2) All vessels traversing the area shall pass directly through without
162.150 Maumee Bay and River, Ohio. unnecessary delay, and shall give seaplanes the right-of-way at all times.
162.155 Sandusky and Huron Harbors, Ohio
162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and 162.20 Flushing Bay near La Guardia Airport, Flushing, N.Y.;
Harbors, Ohio restricted area.
162.165 Buffalo and Rochester Harbors, New York (a) The area An area in the main channel in Flushing Bay extending for
162.175 Black Rock Canal and Lock at Buffalo, New York a distance of 300 feet on either side of the extended center line of Runway
No 13-31 at La Guardia Airport.
(b) The regulations.
(1) All vessels traversing in the area shall pass directly through without
unnecessary delay.
(2) No vessels having a height of more than 35 feet with reference to the
plane of mean high water shall enter or pass through the area whenever
visibility is less than one mile.

33 CFR PART 162 PAGE 1


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M.E.T. PUBLICATION 515 — 5TH EDITION
162.30 Channel of Tuckerton Creek, N.J.; navigation. (b) Waterways—(1) Fairway. A clear channel shall at all times be left
(a) Power boats or other vessels propelled by machinery shall not open to permit free and unobstructed navigation by all types of vessels and
proceed at any time within the limits of these waters at a greater speed than rafts that normally use the various waterways or sections thereof. The
8 statute miles per hour. District Commander may specify the width of the fairway required in the
various waterways under his charge.
(2) Stoppage in waterway, anchorage or mooring.
162.35 Channel of Christina River, Del.; navigation.
(i) No vessels or rafts shall anchor or moor in any of the land cuts or
(a) That vessels of over 20 tons capacity, propelled by machinery, shall
other narrow parts of the waterway, except in case of an emergency.
not proceed at any time within the limits of these waters at a greater speed
Whenever it becomes necessary for a vessel or raft to stop in any such
than 8 statute miles per hour.
portions of the waterway it shall be securely fastened to one bank and as
close to the bank as possible. This shall be done only at such a place and
162.40 Inland waterway from Delaware River to Chesapeake Bay, Del. under such conditions as will not obstruct or prevent the passage of other
and Md. (Chesapeake and Delaware Canal). vessels or craft. Stoppages shall be only for such periods as may be
(a) Applicability. The regulations in this section are applicable to that necessary.
part of the inland waterway from Delaware River to Chesapeake Bay, Del. (ii) No vessel or raft will be allowed to use any portion of the fairway
and Md., between Reedy Point, Delaware River, and Old Town Point as a mooring place except temporarily as authorized above without the
Wharf, Elk River. written permission from the District Commander.
(b) Speed. No vessel in the waterway shall be raced or crowded (iii) When tied up, all vessels must be moored by bow and stem lines.
alongside another vessel. Vessels of all types, including pleasure craft, are Rafts and tows shall be secured at sufficiently close intervals to insure their
required to travel at all times at a safe speed throughout the canal and its not being drawn away from the bank by winds, currents or the suction of
approaches so as to avoid damage by suction or wave wash to wharves, passing vessels. Tow lines shall be shortened so that the different parts of
landings, riprap protection, or other boats, or injury to persons. Pilots and the tow shall be as close together as possible. In narrow sections, no vessel
vessel operators transiting the canal and its approaches are warned that or raft shall be tied abreast of another.
violation of this rule may result in having their privilege to transit the canal (iv) Lights shall be displayed in accordance with provisions of the Inland
suspended. Passages of vessels through the canal will be monitored and Rules and the Pilot Rules for Inland Waters.
specific cases will be investigated where damage by suction or wave wash (v) No vessel, even if fastened to the bank as prescribed in paragraph
does occur. Owners and operators of yachts, motorboats, rowboats and (b)(2)(i) of this section, shall be left without a sufficient crew to care for
other craft are cautioned that large deep draft ocean-going vessels and other it properly.
large commercial vessels ply the canal, and such owners and operators (vi) Vessels will not be permitted to load or unload in any of the land
should be particularly careful to moor or anchor well away from the main cuts except as a regular established landing or wharf without written
ship channels, with moorings and lines which are sufficient and proper. permission secured in advance from the District Commander.
(c) Right-of-way. All vessels proceeding with the current shall have the (vii) No vessel, regardless of size, shall anchor in a dredged channel or
right-of-way over those proceeding against the current Large vessels or narrow portion of a waterway for the purpose of fishing, if navigation is
tows must not overtake and attempt to pass other large vessels or tows in obstructed, thereby.
the waterway. (viii) Except in cases of emergency the dropping of anchors, weights, or
All small pleasure craft shall relinquish the right-of-way to other ground tackle, within areas occupied by submarine cable or pipe
deeper draft vessels, which have a limited maneuvering ability due to their crossings, is prohibited. Such crossings will ordinarily be marked by
draft and size. signboards on each bank of the shore or indicated on coast charts.
(d) Slopping in waterway. Vessels will not be permitted to stop or anchor (3) Speed.
in the ship channel. (i) Vessels shall proceed at a speed which will not endanger other vessels
(e) Water skiing. Water skiing in the waterway is prohibited between or structures and will not interfere with any work in progress incident to
Reedy Point and Welch Point maintaining, improving, surveying or marking the channel.
(f) Sailboats. Transiting the canal by vessels under sail is not permitted (ii) Official signs indicating limiting speeds through critical portions of
between Reedy Point and Welch Point the waterways shall be strictly obeyed.
Note: The Corps of Engineers also has regulations dealing with this (iii) Vessels approaching and passing through a bridge shall so govern
section in 33 CFR Part 207. their speed as to insure passage through the bridge without damage to the
bridge or its fenders.
162.65 All waterways tributary to the Atlantic Ocean south of (4) Assembly and handling of tows.
Chesapeake Bay and all waterways tributary to the Gulf of Mexico (i) All vessels drawing tows and equipped with rudders shall use two tow
east and south of St. Marks, Fla. lines or a bridle and shorten them to the greatest possible extent so as to
(a) Description. This section applies to the following: have full control at all times. The various parts of a tow shall be securely
(1) Waterways. All navigable waters of the United States, natural or assembled with the individual units connected by lines as short as
artificial, including bays, lakes, sounds, rivers, creeks, intracoastal practicable. If necessary, as in the case of lengthy or cumbersome tows or
waterways, as well as canals and channels of all types, which are tributary tows in restricted channels, the District Commander may require that tows
to or connected by other waterways with the Atlantic Ocean south of be broken up and may require the installation of a rudder, drag or other
Chesapeake Bay or with the Gulf of Mexico east and south of St. Marks, approved steering device on the tow in order to avoid obstructing
Florida. navigation or damaging the property of others, including aids to navigation
(2) United States property. All river and harbor lands owned by the maintained by the United States or under its authorization, by collision or
United States in or along the waterways described in paragraph (a)(1) of otherwise.
this paragraph, including lock sites and all structures thereon, other sites for (ii) No tow shall be drawn by a vessel that has insufficient power or
Government structures and for the accommodation and use of employees crew to permit ready maneuverability and safe handling.
of the United States, and rights of way and spoil disposal areas to the (iii) Tows desiring to pass a bridge shall approach the opening along the
extent of Federal interest therein. axis of the channel so as to pass through without danger of striking the
(3) Vessels, and rafts. The term "vessel" as used in this section includes bridge or its fenders. No vessel or tow shall navigate through a drawbridge
all floating things moved over these waterways other than rafts. until the movable span is fully opened.

33 CFR PART 162


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M.E.T. PUBLICATION 515 — 5TH EDITION
(iv) In the event that it is evident to the master of a towing vessel that properly moored at all times.
a tow cannot be safely handled through a bridge, it will be brought to (v) No vessel, regardless of size, shall anchor in a dredged channel or
anchor and the towed vessels will be taken through the bridge in small narrow portion of a waterway for the purpose of fishing if navigation is
units, or singly if necessary, or the tow will wait until navigation conditions obstructed thereby.
have improved to such an extent that the tow can pass through the bridge (4) Speed: Speeding in narrow sections is prohibited. Official signs
without damage. indicating limited speeds shall be obeyed. Vessels shall reduce speed
(5) Projections from vessels. No vessel carrying a deck load which sufficiently to prevent damage when passing over vessels or structures in
overhangs or projects over the side of said vessel, or whose rigging projects or along the waterway.
over the side of the vessel so as to endanger passing vessels, wharves or (5) Size, assembly, and handling of tows:
other property, will enter or pass through any of the narrow parts of the (i) On waterways 150 feet wide or less, tows which are longer than
waterway. 1,180 feet, including the towing vessel, but excluding the length of the
(6) Meeting and passing. Vessels, on meeting or overtaking, shall give hawser, or wider than one-half of the bottom width of the channel or
the proper signals and pass in accordance with the Inland Rules and the 55 feet, whichever is less will not be allowed, except when the District
Pilot Rules for Inland Waters. Rafts shall give to vessels the side demanded Commander has given special permission or the waterway has been
by proper signal. All vessels approaching dredges or other plant engaged exempted from these restrictions by the District Commander. Before
on improvements to a waterway, shall give the signal for passing and slow entering any narrow section of the Gulf Intracoastal Waterway, tows in
down sufficiently to stop if so ordered or if no answering signal is excess of one-half the channel width, or 55 feet, will be required to
received. On receiving the answering signal, they shall then proceed to pass stand by until tows which are less than one-half the channel width or
at a speed sufficiently slow to insure safe navigation. 55 feet wide have cleared the channel. When passing is necessary in
Note: The Corps of Engineers also has regulations dealing with this narrow channels, overwidth tows shall yield to the maximum. Separate
section in 33 CFR Part 207. permission must be received from the District Commander for each
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 33-072, 59 FR overlength or overwidth movement. In addition, the following exceptions
39963, Aug. 5, 1994] are allowed:
(ii) Gulf Intracoastal Waterway—Between mile 6.2 EHL (Inner Harbor
Navigation Canal Lock) and mile 33.6 EHL tows of 78 feet in width will
162.75 All waterways tributary to the Gulf of Mexico (except the be allowed.
Mississippi River, its tributaries. South and Southwest Passes and (iii) Gulf Intercostal Waterway—Between mile 33.6 EHL and the
Atchafalaya River) from St. Marks, Fla., to the Rio Grande. Mobile Bay Ship Channel, tows of 108 feet in width will be allowed if
(a) The regulations in this section shall apply to: under 750 feet in length including the towboat but excluding the length of
(1) Waterways. All navigable waters of the U.S. tributary to or connected
the hawser.
by other waterways with the Gulf of Mexico between St. Marks, Fla., and
(iv) Gulf Intracoastal Waterway—Mobile Bay Ship Channel to St.
the Rio Grande, Tex. (both inclusive), and the Gulf Intracoastal Waterway;
Marks, Fla., for tows made up of empty barges on the off or shallow side,
except the Mississippi River, its tributaries. South and Southwest Passes,
a width of 75 feet will be allowed.
and the Atchafalaya River above its junction with the Morgan City-Port
(v) All vessels pulling tows not equipped with rudders in restricted
Alien Route.
channels and land cuts shall use two towlines, or a bridle on one towline,
(2) Bridges, wharves, and other structures. All bridges, wharves, and
shortened as much as safety of the towing vessel permits, so as
other structures in or over these waterways.
to have maximum control at all times. The various parts of a tow shall
(3) Vessels. The term "vessels" as used in this section includes all
be securely assembled with the individual units connected by lines as
floating craft other than rafts.
short as practicable. In open water, the towlines and fastenings
(b) Waterways:
between barges may be lengthened so as to accommodate the wave
(1) A clear channel shall at all times be left open to permit free and
surge. In the case of lengthy or cumbersome tows, or tows in restricted
unobstructed navigation by all types of vessels and tows normally using the
channels, the District Commander may require that tows be broken up,
various waterways covered by the regulations of this section
and may require the installation of a rudder or other approved steering
(2) Fairway: The District Commander may specify the width of the
device on the tow in order to avoid obstructing navigation or damaging
fairway required in the various waterways under his charge.
the property of others. Pushing barges with towing vessel astern, towing
(3) Anchoring or mooring:
barges with towing vessel alongside, or pushing and pulling barges
(i) Vessels or tows shall not anchor or moor in any of the land cuts or
with units of the tow made up both ahead and astern of the towing vessel
other narrow parts of the waterway, except in an emergency, or with
are permissible provided that adequate power is employed to keep
permission of the District Commander. Whenever it becomes necessary for
the tows under full control at all times. No tow shall be drawn by a
a vessel or tow to stop in any such protions of the waterway, it shall be
vessel that has insufficient power or crew to permit ready maneuverability
securely fastened to one bank and as close to the bank as possible. This
and safe handling.
shall be done only at such a place and under such conditions as will not
(vi) All tows navigating the Pass Manchac bridges in Louisiana are
obstruct or prevent the passage of other vessels or tows. Stoppages shall be
limited to no more than two barges, not to exceed a combined tow length
only for such periods as may be necessary.
of 400 feet (excluding the towboat). Vessel operators for tows exceeding
(ii) When tied up individually, all vessels and tows shall be moored by
these limits must request and receive permission from the COTP New
bow and stem lines. Tows shall be secured at sufficiently frequent intervals
Orleans prior to navigating the bridges. Requests should be made by
to insure their not being drawn away form the bank by winds, currents, or
telephoning the COTP at 504-589-7101. Any decision made by the COTP
the suction of passing vessels. Lines shall be shortened so that the various
is final agency action.
barges in a tow will be as close together as possible.
(6) Projections from vessels: Vessels or tows carrying a deck load which
(iii) Lights shall be displayed in accordance with provisions of the Inland
overhangs or projects over the side, or whose rigging projects over the side,
Rules and the Pilot Rules for Inland Waters.
so as to endanger passing vessels, wharves, or other property, shall not
(iv) Whenever any vessel or tow is moored to the bank (paragraph
enter or pass through any of the narrow parts of the waterway without prior
(b)(3)(i) of this section) at least one crew member shall always remain on
approval of the District Commander.
board to see that proper signals are displayed and that the vessel or tow is

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

PAGE 4 33 CFR PART 162


317
M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) When approaching and passing through a bridge, all vessels and moved between May 1 and September 30. Due to the close proximity of
rafts, regardless of size, shall control their speed so as to insure that no the municipal water intakes, mooring of tank vessels laden with petroleum
damage will be done to the bridge or its fenders. products or hazardous materials is not authorized on the Kentucky Bank,
(iii) Within the last mile of approach to unattended, normally open Mile 599.8 (Cox's Park).
automatic, movable span bridges, the factor of river flow velocity, of vessel (b) The regulations. A vessel must not use the emergency mooring buoys
(and tow) velocity, and of vessel power and crew capability are never to that have been established by the U.S. Army Corps of Engineers, unless
be permitted to result in a condition whereby the movement of vessel (and specifically authorized. The Captain of the Port, upon request, may
tow) cannot be completely halted or reversed within a 3-minute period. authorize the use of the emergency mooring buoys by downbound towing
(iv) A vessel shall reduce its speed sufficiently to prevent any damage vessels that are awaiting Vessel Traffic Center approval to proceed.
when approaching another vessel in motion or tied up, a wharf or other [CGD 90-020, 59 FR 36333, July 15 1994]
structure, works under construction, plant engaged in river and harbor
improvement, levees withstanding floodwaters, buildings submerged or 162.105 Missouri River; administration and navigation.
partially submerged by high waters, or any other manner of structure or (a) Supervision. The District Commander, Second Coast Guard District,
improvements likely to be damaged by collision, suction, or wave action. has certain administrative supervision overreaches of the river within the
(4) Assembly and handling of tows. limits of his district and is charged with the enforcement under his direction
(i) All vessels drawing tows not equipped with rudders in restricted of emergency regulations to govern navigation on the river.
channels and land cute shall use two towlines, or a bridlse on one towline, (b) Navigation. During critical flood stages on any particular limited
shortened to the greatest possible extent so as to have maximum control at reach of the Missouri River when lives, floating plant, or major shore
all times. The various parts of a tow shall be securely assembled with the installations and levees are endangered, the District Commander in charge
individual unite connected by lines as short as practicable. In open water, of the locality shall have the authority to declare the reach of the river
the towlines and fastenings between barges may be lengthened so as to closed to navigation or to prescribe temporary speed regulations whenever
accommodate the wave surge. In the case of length or cumbersome tows, or it appears to him that such action is necessary to prevent immediate human
tows in restricted channels, the District Commander may require that tows suffering or to mitigate major properly damage or destruction from wave
be broken up, and may require the installation of a rudder or other action. The period of closure and all speed regulations prescribed by the
approved steering device on the tow in order to avoid obstructing District Commander shall be for the duration of the emergency as
navigation or damaging the property of others. Pushing barges with towing determined by the District Commander and shall be terminated at the
vessel astern, towing barges with towing vessel alongside, or pushing and earliest practicable time that improved river conditions permit
pulling barges with unite of the tow made up both ahead and astern of the
towing vessel is permissible provided that adequate power is employed to
162.110 Duluth-Superior Harbor, Minnesota and Wisconsin.
keep the tow under full control at all times.
(a) No vessel greater than 100 feet in length may exceed 8 miles per
(ii) No tow shall be drawn by a vessel that has insufficient power or
hour in Duluth-Superior Harbor.
crew to permit ready maneuverability and safe handling.
(b) In the Duluth Ship Canal:
(iii) No vessel or tow shall navigate through a drawbridge until the (1) No vessel may meet or overtake another vessel if each vessel is
movable span is fully opened.
greater than 150 feet in length (including tug and tow combinations).
(5) Projections from vessels. No vessels carrying a deck load which (2) An inbound vessel has the right of way over an outbound vessel.
overhangs or projects over the side, or whose rigging projects over the side, [CGD 79-151, 46 FR 7960, Jan. 26, 1981]
so as to endanger passing vessels, wharves, or other property, shall enter
or pass through any of the narrow parts of the waterway.
(6) Meeting and passing. Vessels on meeting or overtaking shall give the 162.115 Keweenaw Waterway, Mien.
(a) No vessel greater than 40 feet in length may exceed 8 miles per hour
proper signals and pass in accordance with the Inland Rules and the Pilot
between Lily Pond and Pilgrim Point
Rules for Inland Waters. Rafts shall give to vessels the side demanded by
(b) No vessel may use either the Portage River harbor of refuge or the
proper signal. All vessels approaching dredges or other plant engaged on
Lily Pond harbor of refuge longer than 24 hours unless given permission
improvements to a waterway shall give the signal for passing and slow
to do so by the Captain of the Port.
down sufficiently to stop if so ordered or if no answering signal is received.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
On receiving the answering signal, they shall then pass at a speed
sufficiently slow to insure safe navigation. Vessels approaching an
intersection or bend where the view is obstructed must exercise due 162.117 St. Marys River, Sault Ste. Marie, Michigan.
caution. At certain intersections where strong currents may be encountered, (a) The area. The waters of the St. Marys River and lower Whitefish
sailing directions may be issued from time to time through navigation Bay from 45°57' N. (De Tour Reef Light) to the south, to 46°38.7' N. (He
bulletins or signs posted on each side of the intersections which must be Parisienne Light) to the north, except the waters of the St. Marys Falls
observed. Canal, and to the east along a line from La Pointe to Sims Point, within
Note: The Corps of Engineers also has regulations dealing with this Potagannissing Bay and Worsley Bay.
section in 33 CFR Part 207. (b) Definitions. As used in this section:
Two-way route means a directional route within defined limits inside which
two-way traffic is established, and which is intended to improve safety in
162.100 Ohio River at Louisville, KY. waters where navigation is difficult.
(a) Emergency Mooring Buoys. The U.S. Army Corp of Engineers has Two-way traffic means that traffic flow is permitted in opposing directions,
established four pairs of emergency mooring buoys. Each buoy is 10 feet but a vessel may not meet, cross, nor overtake any other vessel in such a
in diameter with retro-reflective sides. The two buoys which comprise each manner that it would be abreast of more than one other vessel within the
pair are 585 feet apart and are located approximately at: defined limits of a waterway.
(1) Indiana Bank—Mile 5823 (near 18 Mile Island); (c) Anchoring Rules.
(2) Six Mile Island—Mile 597.5; (1) A vessel must not anchor:
(3) Six Mile Island—Mile 5982; and (i) within the waters between Brush Point and the waterworks intake crib
(4) Kentucky Bank—Mile 599.8 (Cox's Park). off Big Point southward of the Point Aux Pins range; or
Note: All buoys, except those at Six Mile Island—Mile 598.2, are re

33 CFR PART 162 PAGE 5


318
M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) within 0.2 nautical miles of the intake crib off Big Point the safety of the island residents who, in the course of their dally business,
(2) In an emergency, vessels may anchor in a dredged channel. Vessels must use naturally formed ice bridges for transportation to and from the
shall anchor as near to the edge of the channel as possible and shall get mainland. Under normal seasonal conditions, only one closing each winter
underway as soon as the emergency ceases, unless otherwise directed. and one opening each spring are anticipated. Prior to closing or opening
Vessel Traffic Services St. Marys River must be advised of any emergency these channels, interested parties including both shipping entities and island
anchoring as soon as is practicable. residents, will be given at least 72 hours notice by the Coast Guard.
(3) Vessels collected in any part of the VTS Area by reason of (g) Speed Rules.
temporary closure of a channel or an impediment to navigation shall get (I) The following speed limits indicate speed over the ground. Vessels
underway and depart in the order in which they arrived, unless otherwise must adhere to the following speed limits:
directed by Vessel Traffic Service St. Marys River. Vessel Traffic Service
St. Marys River may advance any vessel in the order of departure to Table 162.117 (g)—St. Marys River Speed Rules
expedite the movement of mails, passengers, cargo of a perishable nature,
to facilitate passage of vessels through any channel by reason of special Maximum speed limit between Mph Kts.
circumstance, or to facilitate passage through the St. Marys Falls Canal.
(d) Traffic Rules. De Tour Reef Light and Sweets Point Light …………... 14 12.2
(1) A vessel must proceed only in the established direction of traffic flow Round Island Light and Point Aux Frenes
in the following waters: Light"21" ………………………………………………. 14 12.2
(i) West Neebish Channel from Buoy "53" to Buoy "1"—downbound Munuscong Lake Lighted Buoy "8" and
traffic only; Everens Point ………………………………………….. 12 10.4
(ii) Pipe Island Course from Sweets Point to Watson Reefs Light Everens Point and Reed Point …………………………. 9 7.8
downbound traffic only. Reed Point and Lake Nicolet Lighted Buoy "62" ……… 10 8.7
(iii) Middle Neebish Channel from Buoy "2" to Buoy "76"—upbound Lake Nicolet Lighted Buoy "62" and Lake Nicolet
traffic only; and Light "80" ………………………………………………. 12 10.4
(iv) Pipe Island Passage to the east of Pipe Island Shoal and north of Lake Nicolet Light "80" and Winter Point
Pipe Island Twins from Watson Reefs Light to Sweets Point—upbound (West Neebish Channel) ………………………………... 10 8.7
traffic only. Lake Nicolet Light "80" and Six Mile Point
(2) A vessel 350 feet or more in length must not overtake or approach Range Rear Light……………………………………….. 10 8.7
Six Mile Point Range Rear Light and lower limit
within .2 nautical miles of another vessel proceeding in the same direction
of the St. Marys Falls Canal Upbound …………………. 8 7.0
in the following waterways:
(i) West Neebish Channel between Nine Mile Point and Munuscong Lake Downbound …………………………………………….. 10 8.7
Junction Lighted Bell Buoy; Upper limit of the St. Marys Falls Canal and
(ii) Middle Neebish Channel between Munuscong Lake Junction Lighted Point Aux Pins Main Light …………………………….. 12 10.4
Bell Buoy and Nine Mile Point; and
(iii) Little Rapids Cut from Six Mile Point to Buoy "102". Note: A vessel must not navigate any dredged channel at a speed of less
(3) When two-way traffic is authorized in Middle Neebish Channel, a than 5 statute miles per hour (43 knots).
vessel 350 feet or more in length must not meet, cross, or overtake another (2) Temporary speed limit regulations may be established by
vessel at Commanding Officer Vessel Traffic Service St. Marys River. Notice of the
(i) Johnson Point from Buoy "18" to Buoy "22"; temporary
(ii) Mine Point from Buoy "26" to Buoy "28"; or speed limits and their effective dates and termination are published in the
(iii) Stribling Point from Buoy "39" to Buoy "43". Federal Register and Local Notice to Mariners. These temporary speed
(4) Paragraph (d)(2) of this section does not apply to a vessel navigating
limits, if imposed, will normally be placed in effect and terminated during
through an ice field.
the winter navigation season.
(e) Winter Navigation. During the winter navigation season, the
(h) Towing Requirement. A towing vessel must:
following waterways are normally closed: (1) Maintain positive control of its tow south of Gros Cap Reef Light;
(1) West Neebish Channel, from Buoy "53" to Buoy "l"; (2) Not impede the passage of any other vessel;
(2) Pipe island Passage to the east of Pipe Island Shoal; and (3) Not tow a vessel of 200 feet or less in length with a tow line longer
(3) North of Pipe Island Twins, from Watson Reef Light to Sweets Point than 250 feet; and
(f) Alternate Winter Navigation Routes.
(4) Not tow a vessel of 200 feet or more in length with a tow line longer
(1) When West Neebish Channel is closed. Middle Neebish Channel
than the length of the towed vessel plus 50 feet.
(from Buoy "2" to Buoy "76") will be open either as a two-way route or
[CGD 90-020, 59 FR 35333, Jay 15, 1994; as amended by CGD 95-033, 60 FR
an alternating one way traffic lane.
28333, May 31, 1995]
(i) When Middle Neebish Channel is a two-way route:
(A) An upbound vessel must use the easterly 197 feet of the channel.
However, a vessel of draft 20 feet or more must not proceed prior to 162.120 Harbors on Lake Michigan.
Vessel Traffic Center approval; and (a) No vessel greater than 40 feet in length may exceed 8 miles per hour
(B) A downbound vessel must use the westerly 295 feet of the channel. in the harbors of Michigan City, Indiana; St. Joseph, South Haven,
(ii) When Middle Neebish Channel is an alternating one-way traffic lane. Saugatuck, Holland (Lake Macatawa), Grand Haven, Muskegon, White
A vessel must use the westerly 295 feet of the channel in the established Lake, Pentwater, Ludington, Manistee, Portage Lake (Manistee County),
direction of traffic flow. Frankfort, Charlevois, and Petroskey, Michigan.
(2) When Pipe Island Passage is closed. Pipe Island Course is a two-way (b) No vessel greater than 40 feet in length may exceed 4 miles per hour
route. in the harbors of Menominee, Michigan and Wisconsin; Algoma,
Note: The Vessel Traffic Service closes or opens these channels as ice Kewaunee, Two Rivers, Manitowac, Sheboygan, Port Washington,
conditions require after giving due consideration to the protection of the Milwaukee, Racine, Kenosha and Green Bay, Wisconsin; and Waukegan,
marine environment, waterway improvements, aids to navigation, the need Illinois.
for cross channel traffic (e.g., ferries), the availability of icebreakers, and [CGD 79-151, 46 FR 7960, Jan. 26, 1981]

PAGE 6 33 CFR PART 162


319
M.E.T. PUBLICATION 515 — 5TH EDITION
162.125 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wise. licensed personnel, the person in command of the vessel.
(a) In the Sturgeon Bay Ship Canal: River Rouge means the waters of the Short Cut Canal and the River
(1) No vessel may exceed 5 miles per hour. Rouge from Detroit Edison Cell Light 1 to the head of navigation.
(2) No vessel greater than 150 feet in length (including tug and tow St. Claw River means the connecting waters from the lakeward limit of
combinations) may come about the improved navigation channel at the lower end of Lake Huron to St.
(3) No vessel 65 feet or greater in length (including tug and tow Clair Flats Canal Light 2.
combinations) may either: SARNIA TRAFFIC means the Canadian Coast Guard traffic center at
(i) Enter or pass through the canal two or more abreast; or Sarnia Ontario.
(ii) Overtake another vessel. (d) Laws and regulations not affected. The regulations in §§ 162.130
(4) No vessel may anchor or moor unless given permission to do so by through 162.140 do not relieve the owners or operators of vessels from
the Captain of the Port. complying with any other laws or regulations relating to navigation on the
(5) Each vessel must keep to the center, except when meeting or Great Lakes and their connecting or tributary waters.
overtaking another vessel. (e) Delegations. The District Commander, in coordination with
(b) In Sturgeon Bay and the Sturgeon Bay Ship Canal: appropriate Canadian officials, may make local arrangements that do not
(1) Each laden vessel under tow must be towed with at least two conflict with these regulations in the interest of safety of operations, to
towlines. Each towline must be shortened to the extent necessary to provide facilitate traffic movement and anchorage, to avoid disputes as to
maximum control of the tow. jurisdiction and to take necessary action to render assistance in
(2) Each unladen vessel may be towed with one towline. emergencies. This authority may be redelegated.
(3) No towline may exceed 100 feet in length. [CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, 1984; as
(4) No vessel may tow another vessel alongside. amended by CGD 85-060, 51 FR 17076, May 8, 1986; CGD 93-024, 58 FR 59365,
(5) No vessel may tow a raft greater than 50 feet in width.
Nov. 9, 1993]
Note: The Corps of Engineers also has regulations dealing with these
areas in 33 CFR Part 207.
[CGD 79-151, 46 FR 7960, Jan. 28, 1981] 162.132 Connecting waters from Lake Huron to Lake Erie;
communications rules.
(a) Radio listening watch. The master of each vessel required to comply
162.130 Connecting waters from Lake Huron to Lake Erie; general
with this section shall continuously monitor:
rules.
(1) Channel 11 (156.55 mhz) between Lake Huron Cut Lighted Buoy 11
(a) Purpose. The regulations in §§ 162.130 through 162.140 prescribe
and Lake St. Clair Light; and
rules for vessel operation in U.S. waters connecting Lake Huron to Lake
(2) Channel 12 (156.60 mhz) between Lake St. Clair Light and Detroit
Erie (including the River Rouge) to prevent collisions and groundings, to
River Light
protect waterway improvements, and to protect these waters from
(b) Radiotelephone equipment. Reports required by this section shall be
environmental harm resulting from collisions and groundings.
made by the master using a radiotelephone capable of operation on a vessel's
Note: The Canadian Government has issued similar regulations which
navigation bridge, or in the case of a dredge, from its main control station.
apply in the Canadian portion of the waterway. Provisions which apply
(c) English language. Reports required by this section shall be made in
only in Canadian waters are noted throughout the text
the English language.
(b) Applicability.
(1) Unless otherwise specified, the rules in §§ 162.130 through 162.140 (d) Traffic reports.
(1) Reports required by this section shall be made to SARNIA TRAFFIC
apply to all U.S. vessels and all other vessels in U.S. waters.
on the frequency designated for the radio listening watch in paragraph (a)
(2) The speed rules in §162.138 apply to vessels 20 meters or more in
of this section.
length.
(2) Reports shall include the name of the vessel, location, intended
(3) The communication rules in §162.132, the traffic rules in §162.134,
course of action, and ETA at next reporting point
except for §162.134 (c) (2), and the anchorage rules in §162.136 apply to
(e) Permanent reporting points. The master of each vessel to which this
the following vessels:
section applies shall report as required by paragraph (d) of this section at
(i) Vessels of 20 meters or more in length;
(ii) Commercial vessels more than 8 meters in length engaged in towing the location indicated in Table I.
another vessel astern, alongside, or by pushing ahead; and
(iii) Each dredge and floating plant Table I
(4) The traffic rules contained in §162.134 (c) (2) apply to the following
vessels: Downbound Upbound
(i) Sailing vessels of 20 meters or more in length; Reporting points
vessels vessels
(ii) Power driven vessels of 55 meters or more in length;
(iii) Vessels engaged in towing another vessel astern, alongside or by Report.... 30 Minutes North of Lake Huron Cut
pushing ahead; and Lighted Horn Buoy "11"
(iv) Each dredge and floating plant Report.... Lake Huron Cut Light "7"
Lake Huron Cut Lighted Buoy "1" ...... Report.
(c) Definitions. As used in §§ 162.130 through 162.140:
Captain of the Port means the United States Coast Guard Captain of the Report.... St. Clair/Black River Junction Light ...... Report.
Port of Detroit, Michigan. Stag island Upper Light .............. Report.
Detroit River means the connecting waters from Windmill Point Light Report.... Marine City Salt Dock Light........... Report.
to the lakeward limits of the improved navigation channels at the head of Report.... Grande Pointe Light "23"
Lake Erie. St. Clair Plate Canal Light "2" ......... Report.
District Commander means Commander, Ninth Coast Guard District, Report.... Lake St. Clair Light................. Report.
Cleveland, Ohio. Report.... Belle Isle Light
Master means the licensed master or operator, the person designated by Report.... Detroit River Light ................. Report.
the master or operator to navigate the vessel, or, on a vessel not requiring

33 CFR PART 162


PAGE 7
320
M.E.T. PUBLICATION 515 — 5TH EDITION
(f) Additional traffic reports. (e) The requirements of this section do not apply to public vessels of the
(1) A report shall be made upon leaving any dock, mooring, or U.S. or Canada engaged in icebreaking or servicing aids to navigation or
anchorage, in the Detroit River, Lake St. Clair, and the St. Clair River to vessels engaged in river and harbor improvement work.
except for— (f) The prohibitions in this section on overtaking in certain areas do not
(i) Ferries on regular runs; and apply to vessels operating in the nondisplacement mode. In this section,
(ii) Vessels in the River Rouge. "nondisplacement mode" means a mode of operation in which the vessel
(2) A report shall be made before maneuvering to come about is supported by hydrodynamic forces, rather than displacement of its
(3) A report shall be made— weight in the water, to an extent such that the wake which would otherwise
(i) 20 minutes before entering or departing the River Rouge; and be generated by the vessel is significantly reduced.
(ii) Immediately before entering or departing the River Rouge.
[CGD 78-151, 49 FR 18302, Apr. 30. 1984; 49 FR 26722, June 29, 1984; 60 FR
(g) Report of impairment or other hazard. The master of a vessel shall
35701, July 11, 1995]
report to SARNIA TRAFFIC as soon as possible:
(1) Any condition on the vessel that may impair its navigation, including
but not limited to: fire, defective steering equipment, or defective 162.136 Connecting waters from Lake Huron to Lake Erie; anchorage
propulsion machinery. grounds.
(2) Any tow that the towing vessel is unable to control, or can control (a) In the Detroit River, vessels shall be anchored so as not to swing into
only with difficulty. the channel or across steering courses.
(h) Exemptions. Compliance with this section is not required when a Note: There is an authorized anchorage in Canadian waters just above
vessel's radiotelephone equipment has failed. Fighting Island and an authorized anchorage in U.S. waters south of Belle
[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 43 FR 26722, June 29, 1984; as Isle (33 CFR 110.206).
amended by CGD 85-060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 FR 37274, (b) In the St. Clair River, vessels shall be anchored so as not to swing
Oct. 21, 1986] into the channel or across steering courses.
[CGD 78-151, 49 FR 18302, Apr. 30, 1984; as amended by CGD 85-060, 51 FR
17016, May 8, 1986]
162.134 Connecting waters from Lake Huron to Lake Erie; traffic
rules.
(a) Detroit River. The following traffic rules apply in the Detroit River: 162.138 Connecting waters from Lake Huron to Lake Erie; speed
(1) The West Outer Channel is restricted to downbound vessels. rules.
(2) The Livingston Channel, west of Bois Blanc Island, is restricted to (a) Maximum speed limit for vessels in normal displacement mode.
downbound vessels. (1) Except when required for the safety of the vessel or any other vessel,
Note: The Amherstburg Channel, in Canadian waters east of Bois Blanc vessels of 20 meters or more in length operating in normal displacement
Island, is normally restricted to upbound vessels. No vessel may proceed mode shall proceed at a speed not greater than:
downbound in the Amherstburg Channel without authorization from the (i) 12 statute miles per hour (10.4 knots) between Fort Gratiot Light and
Regional Director General. St. Clair Flats Canal Light 2;
(3) Between Fighting Island Channel South Light and Bar Point Pier (ii) 12 statute miles per hour (10.4 knots) between Peche Island Light
and Detroit River Light; and
Light 29D, no vessels shall meet or overtake in such a manner that more
(iii) 4 statute miles per hour (3.5 knots) in the River Rouge.
than two vessels would be abreast at any time.
(2) The maximum speed limit is 5.8 statute miles per hour (5 knots) in
(4) Between the west end of Belle Isle and Peche Island Light, vessels
the navigable channel south of Peche Island (under Canadian jurisdiction).
may only overtake vessels engaged in towing.
(b) Maximum speed limit for vessels operating in nondisplacement mode.
(b) River Rouge. In the River Rouge, no vessel shall overtake another (1) Except when required for the safety of the vessel or any other vessel,
vessel. vessels 20 meters or more in length but under 100 gross tons operating in
(c) St. Clair River. The following traffic rules apply in the St. Clan-River. the nondisplacement mode and meeting the requirements set out in
(1) Between St. Clair Flats Canal Light 2 and Russell Island Light 33, paragraph (c) of this section, may operate at a speed not exceeding 40
vessels may only overtake vessels engaged in towing. miles per hour (34.8 knots)-
(2) Between Lake Huron Cut Lighted Buoy 1 and Port Huron Traffic (i) During daylight hours (sunrise to sunset);
Lighted Buoy there is a zone of alternating one way traffic. Masters shall (ii) When conditions otherwise safely allow; and
coordinate their movements in accordance with the following rules; (iii) When approval has been granted by the Coast Guard Captain of the
(i) Vessels shall not overtake. Port, Detroit or Commander of the Ninth Coast Guard District prior to each
(ii) Vessels shall not come about transit of the area.
(iii) Vessels shall not meet (2) In this section, "nondisplacement mode" means a mode of operation
(iv) Downbound vessels which have passed Lake Huron Cut Lighted
in which the vessel is supported by hydrodynamic forces, rather than
Buoy 7 have the right of way over upbound vessels which have not reached
displacement of its weight in the water, to an extent such that the wake
the Port Huron Traffic Lighted Buoy. Upbound vessels awaiting transit of
which would otherwise be generated by the vessel is significantly reduced.
downbound vessels will maintain position south of the Port Huron Traffic
(c) Unsafe vessels. The Captain of the Port or the District Commander
Lighted Buoy.
may deny approval for operations under paragraph (b) of this
(v) Vessels transiting the zone shall coordinate passage by using
section if it appears that the design and operating characteristics of the
communication procedures in §162.132.
vessels in question are not safe for the designated waterways, or if it
(vi) Transiting vessels shall have the right of way over moored vessels
appears that operations under this section have become unsafe for any
getting underway within the zone.
reason.
(d) In the waters described in §162.130 (a), the District Commander or
(d) Temporary speed limits. The District Commander may temporarily
Captain of the Port may establish temporary traffic rules for reasons which
establish speed limits or temporarily amend existing speed limit regulations
include but are not limited to: channel obstructions, winter navigation,
on the waters described in 162.130 (a).
unusual weather conditions, or unusual water levels.
[CGD 78-151, 49 FR 18302, Apr. 30, 1984; 49 FR 26722, June 29, 1984; 60 FR
35701, July 11, 1995]

PAGE 8 33 CFR PART 162


321
M.E.T. PUBLICATION 515 — 5TH EDITION
162.140 Connecting waters from Lake Huron to Lake Erie; 162.195 Santa Monica Bay, Calif.; restricted area.
miscellaneous rules. (a) The area. The waters of the Pacific Ocean, Santa Monica Bay, in an
(a) Rules for towing vessels. area extending seaward from the shoreline a distance of about 5 nautical
(1) A towing vessel may drop or anchor its tows only in accordance with miles (normal to the shoreline) and basically outlined as follows:
the provisions of §162.136.
(2) A towing vessel engaged in arranging its tow shall not obstruct the
navigation of other vessels.
Station Latitude North Longitude West
(b) Pilots. In the St. Clair River between Lake Huron Cut Lighted Buoy
1 and Port Huron Traffic Lighted Buoy, vessels shall not take on, discharge, A ..................... 33°54'59" 118°25'41"
or exchange pilots unless weather conditions would make the B ..................... 33°54'59" 118°28'00"
maneuver unsafe in the customary pilot area. C ..................... 33°53'59.5" 118°31'37"
[CGD 78-151, 49 FR 18302, Apr. 30, 1984] D ..................... 33°56'19.5" 118°34'05"
E ..................... 33°56'25" 118°26'29"
162.145 Monroe Harbor, Mich.
(a) In the lake channel, no vessel greater than 40 feet in length may
exceed 10 miles per hour. (b) The regulations.
(b) In the river channel: (1) Vessels shall not anchor within the area at any time without
(1) No vessel greater than 40 feet in length may exceed 6 miles per hour. permission.
(2) No vessel may use a towline exceeding 200 feet in length. (2) Dredging, dragging, seining, or other fishing operations which might
[CGD 79-151, 46 FR 7960, Jan. 28, 1981] foul underwater installations within the area are prohibited.
(3) All vessels entering the area, other than vessels operated by or for the
United States, the State of California, the county of Los Angeles, or the
162.150 Maumee Bay and River, Ohio.
city of Los Angeles, shall proceed across the area by the most direct route
(a) In Maumee Bay (lakeward of Maumee River Lighted Buoy 49 (L/L
and without unnecessary delay. The area will be open and unrestricted to
No.770)), no vessel greater than 100 feet in length may exceed 12 mites per
small recreational craft for recreational activities at all times.
hour.
(4) The placing of buoys, markers, or other devices requiring anchors
(b) In Maumee River (inward of Maumee River Lighted Buoy 49 (L/L
will not be permitted.
No. 770)):
(5) The city of Los Angeles will maintain a patrol of the area as needed.
(1) No vessel greater than 40 feet in length may exceed 6 miles per hour.
(2) No vessel greater than 100 feet in length (including tug and tow
combinations) may overtake another vessel. 162.200 Marina del Rey, Calif.; restricted area.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981] (a) The area. That portion of the Pacific Ocean lying shoreward of the
offshore breakwater and the most seaward 1, 000 feet of the entrance
channel between the north and south jetties, and basically outlined as
162.155 Sandusky and Huron Harbors, Ohio.
follows:
(a) In Sandusky Harbor, no vessel greater than 40 feet in length may
exceed 10 miles per hour.
(b) In Huron Harbor, no vessel greater than 40 feet in length may exceed
6 miles per hour, except in the outer harbor where no vessel greater than Station Latitude North Longitude West
40 feet in length may exceed 10 miles per hour.
A ..................... 33°57'46.0" 118°27'39.5"
Note: The Corps of Engineers also has regulations dealing with these
B ..................... 33°57'52.3" 118°27'43.6"
areas in 33 CFR Part 207.
C ..................... 33°57'48.6" 118°27'48.8"
[CGD 79-151, 46 FR 7960 Jan. 28, 1981]
D ..................... 33°57'29.8" 118°27'34.7"
E ..................... 33°57'30.9" 118°27'29.l"
162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and F ..................... 33°57'37.4" 118°27'33.8"
Conneaut Harbors, Ohio. G ..................... 33°57'42.4" 118°27'23.0"
(a) In Vermilion Harbor, no vessel may exceed 6 miles per hour. H ..................... 33°57'50.6" 118°27'28.3"
(b) In Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Harbors, no
vessel may exceed 6 miles per hour, except in the outer harbors, where no
vessel may exceed 10 miles per hour. (b) The regulations.
Note: The Corps of Engineers also has regulations dealing with these (1) Vessels shall not anchor within the area at any time without
areas in 33 CFR Part 207. permission except in an emergency.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981] (2) Dredging, dragging, seining, or other fishing operations which might
foul underwater installations within the area are prohibited.
162.165 Buffalo and Rochester Harbors, New York Note: The Corps of Engineers also has regulations dealing with this
In Buffalo and Rochester Harbors, no vessel may exceed 6 miles per section in 33 CFR Part 207.
hour, except in the outer harbors where no vessel may exceed 10 miles per
hour. 162.205 Suisun Bay, San Joaquin River, Sacramento River, and
Note: The Corps of Engineers also has regulations dealing with these connecting waters, CA.
areas in 33 CFR Part 207. (a) San Joaquin River Deep Water Channel between Suisun Bay and
[CGD 79-151, 46 FR 7960, Jan. 26, 1981] the easterly end of the channel at Stockton; use, administration and
navigation—
162.175 Black Rock Canal and Lock at Buffalo, New York. (1) Maximum speed. The maximum speed for all ocean-going craft shall
In the Black Rock Canal and Lock, no vessel may exceed 6 miles per not exceed 10 miles per hour above the lower end of New York Slough,
hour. seven miles per hour above Criminal Point, or five miles per hour while
Note: The Corps of Engineers also has regulations dealing with these passing any wharf, dock, or moored craft. As used in this paragraph, the
areas in 33 CFR Part 207. speed of a vessel when navigating with the current shall be its rate of
[CGD 79-151, 46 FR 7960, Jan. 26, 1981] movement in excess of the velocity of the current

33 CFR PART 162


PAGE 9
322
M.E.T. PUBLICATION 515 — 5TH EDITION
(2) Passing. All craft passing other boats, barges, scows, etc., in motion, other structure liable to damage by collision, suction or wave action;
moored or anchored, shall slow down and take every necessary precaution vessels shall give as much leeway as circumstances permit and reduce their
to avoid damage. speed sufficiently to preclude causing damage to the vessel or structure
(3) Right of way. being passed. As deemed necessary for public safety during high river
(i) United States dredges, tugs, launches, derrick boats, and similar plant stages, floods, or other emergencies, the District Commander may
of contractors executing river and harbor improvement work for the United prescribe, by navigation bulletins or other means, the limiting speed in
States, and displaying the signals prescribed by the regulations contained knots or temporarily close the waterway or any reach of it to traffic. Since
in Part 80 of this chapter shall have the right of way and other craft shall this subparagraph pertains directly to the manner in which vessels are
exercise special caution to avoid interference with the work on which the operated, masters of vessels shall be held responsible for strict observance
plant is engaged. Dredges, whether Federal or contractors' plant, working and full compliance herewith.
the channel must however, take special care to give ocean-going vessels (2) Right of way.
sufficient room for passing, and must lift both spuds and the ladder, and (i) Dredges, tugs, launches, derrick boats and other similar equipment,
pull clear, if an adequate width of clear channelway cannot otherwise be executing river and harbor improvement work for the United
provided. Ocean-going vessels may show at the masthead a black ball not States, and displaying the signals prescribed by the regulations contained in
more than 20 inches in diameter as a signal to the dredge, and may also Part 80, of this Chapter, shall have the right-of-way and other
blow five long blasts of the whistle when within reasonable hearing craft shall exercise special caution to avoid interference with the work
distance of the dredge, such signal to be followed at the proper time by the on which the plant is engaged. Dredges, whether Federal or contractor's
passing signal described in the local pilot rules. The dredge shall promptly plant, working the channel must however, take special care to
acknowledge both signals in the usual manner. give ocean-going vessels sufficient room for passing, and must lift
(ii) Light-draft vessels when meeting or being overtaken by ocean-going both spuds and the ladder, and pull clear, if an adequate width of clear
vessels, shall give the right of way to such vessels by making use of the channelway cannot otherwise be provided.
shallower portions of the waterway. (ii) Vessels intending to pass dredges or other types of floating plant
(iii) Rafts and tows must promptly give the channel side demanded upon working in navigable channels, when within a reasonable distance
proper signal by a vessel, and must be handled in such a manner as not to therefrom and not in any case over a mile, shall indicate such intention by
obstruct or interfere with the free use of the waterway by other craft. one long blast of the whistle, and shall be directed to the proper side for
(4) Collisions. passage by the sounding, by the dredge or other floating plant, of the signal
(i) Ocean-going vessels in collision in the channel or turning basin must, prescribed in the inland pilot rules for vessels underway and approaching
if still afloat and in a condition making anchorage necessary, be each other from opposite directions, which shall be answered in the usual
immediately removed to an approved anchorage ground, or if in such manner by the approaching vessel. If the channel is not clear, the floating
condition that beaching is necessary, they shall be temporarily beached on plant shall sound the alarm or danger signal and the approaching vessel
the northwest side of Mandeville Island or in the Old River. shall slow down or stop and await further signal from the plant
(ii) Light-draft vessels suffering collision shall be disposed of as directed (iii) When the pipeline from a dredge crosses the channel in such a
by the District Commander or his authorized representative. way that an approaching vessel cannot pass safely around the pipeline
(5) Wrecks. In no case following accidents of fire or collision will a or dredge, there shall be sounded immediately from the dredge the
vessel be allowed to remain either anchored or grounded in the channel, or alarm or danger signal and the approaching vessel shall slow down or
beached at any place where it endangers other vessels, while settlement is stop and await further signal from the dredge. The pipeline shall then
pending with the underwriters. be opened and the channel cleared as soon as practicable; when the
(6) Other laws and regulations. In all other respects, the existing Federal channel is clear for passage the dredge shall so indicate by sounding
laws and rules and regulations affecting navigable waters of the United the usual passing signal as prescribed in paragraph (c) (2) (ii) of this
States will govern in this channel. section. The approaching vessel shall answer with a corresponding
(b) Sacramento Deep Water Ship Channel between Suisun Bay and signal and pass promptly.
easterly end of Turning Basin at West Sacramento; use administration, (iv) When any pipeline or swinging dredge shall have given an
and navigation— approaching vessel or tow the signal that the channel is clear, the dredge
(1) Maximum speed for all ocean going craft— shall straighten out within the cut for the passage of the vessel or tow.
(i) Between Tolands Landing (Mile 6.2) and Rio Vista Bridge. When (v) Shallow draft vessels when meeting or being overtaken by
going against a current of two knots or more, the maximum speed over the oceangoing vessels, shall give the right-of-way to such vessels by making
bottom shall not exceed 8 knots. When going with the current, in slack use of the shallower portions of the waterway, wherever possible.
water, or against a current of two knots or less, the maximum speed (vi) Tows should promptly give the channel side requested by proper
through the water shall not exceed 10 knots. signal from a vessel, and should be handled in such a manner as not to
(ii) Between Rio Vista Bridge and Port of Sacramento. When going obstruct or interfere with the free use of the waterway by other craft.
against a current of two knots or more, the maximum speed over the (3) Obstruction of traffic.
bottom shall not exceed 5 knots. When going with the current, in slack (i) Except as provided in paragraph (c) (2) of this section no person shall
water, or against a current of two knots or less, the maximum speed willfully or carelessly obstruct the free navigation of the waterway, or
through the water shall not exceed 7 knots. delay
(iii) Speed past docks or moored craft. Within 550 feet of the centerline any vessel having the right to use the waterway.
of the channel the speed shall be the minimum required to maintain (ii) No vessel shall anchor within the channel except in distress or under
steerageway; wind, tide, current, etc., being taken into consideration. stress of weather. Any vessel so anchored shall be moved as quickly as
(iv) Passing. All craft passing other boats, barges, scows, etc., underway, possible to such anchorage as will leave the channel clear for the passage
moored or anchored, shall take every necessary precaution to avoid of vessels.
damage. (iii) Motorboats, sailboats, rowboats, and other small craft shall not
(v) Speed, high-water precautions. When passing another vessel anchor or drift in the regular ship channel except under stress of
(underway, anchored, or tied up); a wharf or other structure; work under weather or in case of breakdown. Such craft shall be so operated that
construction; plant engaged in river and harbor improvement; levees they will not interfere with or endanger the movement of commercial
withstanding flood waters; buildings partially or wholly submerged by high or public vessels.
water; or any

PAGE 10 33 CFR PART 162


323
M.E.T. PUBLICATION 515 — 5TH EDITION
(4) Collisions. which is the true point of beginning; thence north 130 feet; thence
(i) Ocean-going vessels in collision in the channel or turning basin, must southeasterly 565 feet; and thence south 130 feet to the high waterline.
if still afloat and in a condition making anchorage necessary, be (3) Pope Beach, under the control of the Forest Service, Department of
immediately removed to an approved anchorage ground, or if in such Agriculture. The waters of Lake Tahoe shoreward of a line described as
condition that beaching is necessary, they shall be temporarily beached on follows: Beginning at the intersection of the high waterline with the west
the southwest side of Ryer Island from Mile 15.0 to Mile 16.3 or in the line of the former Pope property, about 750 feet westerly of the west
Harbor and Turning Basin at West Sacramento. boundary line of Lot 2, Section 6, Township 12 North (Mount Diablo Base
(ii) Light-draft vessels suffering collision shall be disposed of as directed Line), Range 18 East (Mount Diablo Meridian); thence north 300 feet;
by the District Commander or his authorized representative. thence southeasterly 4, 200 feet to a point 300 feet north of the high
(5) Marine accidents. Masters, mates, pilots, owners, or other persons waterline; and thence south 300 feet to the high waterline.
using the waterway to which this paragraph applies shall notify the (4) El Dorado County Beach. The waters of Lake Tahoe shoreward of
Commander, 12th U.S. Coast Guard District and in the case of a line described as follows: Beginning at the intersection of the high
undocumented vessels, the State Division of Small Craft Harbors also, by waterline with the west boundary line of Lot 1, Section 32, Township 13
the most expeditious means available of all marine accidents, such as fire, North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian);
collision, sinking or stranding, where there is possible obstruction of the thence north 500 feet; thence northeasterly about 1350 feet to the projected
channel or interference with navigation or where damage to Government east line of Lot 1 at a point 500 feet north of the high waterline; and thence
property is involved, furnishing a clear statement as to the name, address, south 500 feet to the high waterline.
and ownership of the vessel or vessels involved, the time and place, and the (b) The regulations. No sail or machine-propelled watercraft, except
action taken. In all cases, the owner of the sunken vessel shall take vessels owned or controlled by the U.S. Coast Guard, shall navigate or
immediate steps to mark the wreck properly. anchor in the restricted area.
(6) Other laws and regulations. In all other respects, existing Federal
laws and rules and regulations affecting navigable waters of the United 162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.
States will govern in this channel. (a) The restricted area. The waters of Lake Tahoe shoreward of a line
(c) Sacramento River, Decker Island Restricted Anchorage for Vessels described as follows: Beginning at the intersection of the high waterline
of the U.S. Government— with a line projected in a general southerly direction 200 feet from a point
(1) The anchorage ground. An elongated area in the Sacramento River lying 310 feet west of section comer common to section 15, 16, 21, and
bounded on the west by the shore of Decker Island and the following lines: 22, Township 13 North (Mount Diablo Base Line), Range 18 East (Mount
Beginning on the shore at Decker Island North End Light at latitude Diablo Meridian); thence 300 feet lakeward at right angles to the high
38°06'16" N., longitude 121°42'32.5" W.; thence easterly to latitude waterline; thence southeasterly approximately 2, 170 feet to the projected
38°06'15" N., longitude 121°42'27" W.; thence southerly to latitude south boundary line of the Forest Service property at a point 300 feet west
38°05'22" N., longitude 121°42'30" W.; thence southwesterly to latitude of the high waterline; and thence east 300 feet to the high waterline.
38°05'08" N, longitude 121°42'40" W.; thence west southwesterly to (b) The regulations. No sail or motor propelled watercraft, except vessels
latitude 38°05'02" N., longitude 121°42'50" W.; thence northwesterly to the owned or controlled by the United States Government and vessels duly
shore of Decker Island at latitude 38°05'04" N., longitude 121°42'52.5"W. authorized by the United States Coast Guard, shall navigate or anchor in
(2) Special Regulation. No Vessel or other craft except those owned by the restricted area.
or operating under contract with the United States may navigate or anchor
within 50 feet of any moored Government vessel in the area. Commercial
162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado
and pleasure craft shall not moor to buoys or chains of Government vessels,
River), Ariz.-Nev.
nor may they, while moored or underway, obstruct the passage of
(a) Lake Mead and Lake Mohave; restricted areas—
Government or other vessels through the area. (1) The areas. That portion of Lake Mead extending 700 feet upstream
Note: The Corps of Engineers also has regulations dealing with this of the axis of Hoover Dam and that portion of Lake Mohave (Colorado
section in 33 CFR Part 207. River) extending 4, 500 feet downstream of the axis of Hoover Dam.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD12 84-07, 51 FR (2) The regulations. The restricted areas shall be closed to navigation and
12318, Apr. 10, 1986; CGD11-94-007, 60 FR 16796, Apr. 3, 1995] other use by the general public. Only vessels owned by or
controlled by the U.S. Government and the States of Arizona and
162.210 Lake Tahoe, Calif.; restricted areas along south shore. Nevada shall navigate or anchor in the restricted areas: Provided, however,
(a) The areas— The Regional Director, Region 3, U.S. Bureau of Reclamation,
(1) Baldwin Beach, under the control of the Forest Service, Department Boulder City, Nev., may authorize, by written permit, individuals or
of Agriculture. The waters of Lake Tahoe shoreward of a line described as groups to navigate or anchor in the restricted areas when it is deemed
follows: Beginning at the intersection of the high waterline with the west in the public interest. Copies of said permits shall be furnished the
boundary line of Lot 2, Section 26, Township 13 North (Mount Diablo enforcing agencies.
Base Line), Range 17 East (Mount Diablo Meridian); thence north 300 feet; (b) Lake Mead; speed regulation. In that portion of Lake Mead extending
thence southeasterly about 2, 850 feet to the east line of Section 26 at a 300 feet upstream of the restricted area described in paragraph (a) of
point 300 feet north of the high waterline; thence northeasterly 1, 740 feet this section, a maximum speed of 5 miles per hour shall not be exceeded.
to a point 300 feet north of the high waterline; thence southeasterly about (c) Supervision. The regulations in this section shall be supervised by the
1, 810 feet to the projected east line of the former Baldwin property at a District Commander, Eleventh Coast Guard District
point 300 feet north of the high waterline; and thence south 300 feet to the
high waterline. 162.225 Columbia and Willamette Rivers, Washington and Oregon;
(2) Camp Richardson, under the control of the Forest Service, administration and navigation.
Department of Agriculture. The waters of Lake Tahoe shoreward of a line (a) Supervision. The District Commander, Thirteenth Coast Guard
described as follows: Beginning at the southeasterly comer of sec. 25, T. 13 District, has certain administrative supervision over the Columbia and
N., R. 17 E., Mount Diablo Base and Meridian; thence north 410 feet along Willamette Rivers, and is charged with the enforcement under his direction
the east line of sec. 25; thence northwesterly 95 feet to the high waterline of emergency regulations to govern navigation of these streams.

33 CFR PART 162 PAGE 11


324
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) Speed. During very high water stages (usually 25 feet or more on the vertically above the other, displayed ahead of a vessel, shall indicate that
Vancouver, Washington, gage) when lives, floating plant or major shore the waterway is not clear.
installations are endangered, the District Commander shall have authority (3) A vessel approaching the narrow section and drawbridges from either
to prescribe such temporary speed regulations as he may deem necessary end of the waterway shall give one long blast of a whistle and shall not
for the public safety. During critical periods of freshets under 25 feet on the enter the narrow section until green lights are displayed.
Vancouver, Washington, gage when construction is in progress, (4) One vessel may follow another vessel in either direction, but the
rehabilitation, or other unusual emergency makes a major shore installation channel shall not be kept open in the same direction for an unreasonable
susceptible to loss or major damage from wave action, the District time if a vessel is waiting at the other end.
Commander shall have authority to prescribe for a particular limited reach (5) Tugs, launches, and small craft shall keep close to one side of the
of the river as appropriate such temporary speed regulations as he may channel when vessels or boats with tows are passing.
deem necessary to protect the integrity of such structure. All speed (6) All craft shall proceed with caution. The display of a green light is
regulations prescribed by the District Commander shall be not a guarantee that the channel is clear of traffic, and neither the United
obeyed for the duration of the emergency and shall be terminated at the States nor the City of Seattle will be responsible for any damage to vessels
earliest practicable time that improved stream conditions permit. or other property which may be chargeable to mistakes in the operation of
the signal lights or to their failure to operate.
162.230 Columbia River, Wash. Note: The Corps of Engineers also has regulations dealing with this
(a) Grand Coulee Dam discharge channel; restricted area— section in 33 CFR Part 207.
(1) The area. That portion of the Columbia River between Grand Coulee
Dam (situated at river mile 596.6) and river mile 593.7. 162.240 Tongass Narrows, Alaska; navigation.
(2) The regulations. (a) Definitions. The term "Tongass Narrows" includes the body of water
(i) No vessel shall enter or navigate within the area without permission lying between Revillagigedo Channel and Guard Island in Clarence Strait
from the enforcing agency. (b) No vessel shall exceed a speed of seven knots between Idaho Rock
(ii) The regulation in this section shall be enforced by the Chief; Power and Charcoal Point
Field Division, Columbia Basin Project, U.S. Department of the Interior, (c) No vessel shall while moored or at anchor, or by slow passage or
Coulee Dam, Washington. otherwise while underway, unreasonably obstruct the free passage and
progress of other vessels.
162.235 Puget Sound Area, Wash. (d) No vessel shall moor or anchor to any structure of the United States
(a) Waterway connecting Port Townsend and Oak Bay; use, other than mooring piers, wharves, and floats without the consent of the
administration, and navigation— Captain of the Port, Southeast Alaska. The office of the Captain of the
(1) Works to which regulations apply. The "canal grounds" when used Port, Southeast Alaska, is located in Juneau, Alaska.
in this paragraph shall mean that area between the south end of the jetties [CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-217, 43 FR
in Oak Bay and the northerly end of the dredge channel approximately 400 60458, Dec. 28, 1978; CGD 82-039, 47 FR 27266, June 24 1982]
yards northwest of Port Townsend Canal Light The "canal" is the water
lying between these limits and the banks containing the same. 162.245 Kenai River, Kenai, Alaska; use, administration, and
(2) Speed. The speed limit within the canal grounds shall not exceed five navigation.
miles per hour. (a) The area. The main channel area of the river, having a width of 150
(3) Signals. All boats desiring to use the canal shall give one long and feet, beginning at a point directly offshore from the centerline of the city
one short whistle. Southbound boats shall sound the signal within 600 dock and extending about 2, 200 feet upstream to a point 200 feet upstream
yards of Port Townsend Canal Light Northbound boats shall sound this from the Inlet Co. dock.
signal at least 500 feet south from the end of the jetties in Oak bay. If no (b) The regulations.
other boat answers the signal the first boat shall have the right of way (1) Vessels may navigate, anchor, or moor within the area until such
through the canal. Any approaching boat that is in the canal shall answer by time as notification is received or observation is made of intended passage
giving the same signal and the first boat shall not enter the canal until the to or from the docking areas.
second boat shall have passed through the canal. In the case of boats going (2) Notice of anticipated passage of towboats and barges shall be
in the same direction the boat which is in the canal shall not answer the indicated 24 hours in advance by display of a red flag by the Inlet Co.
signal of the boat desiring to enter. from its warehouse.
(4) Passing. Steamers shall not under any circumstances attempt to pass
each other in the canal, either when going in the same or opposite 162.250 Port Alexander, Alaska; speed of vessels.
directions. (a) Definition. The term "Port Alexander" includes the entire inlet from
(5) Anchoring. No steamers or boats shall anchor or tie up within the its head to its entrance from Chatham Strait
canal grounds unless they are well over on the tide flats to the west of the (b) Speed. The speed of all vessels of 5 tons or more gross, ships register,
dredged channel, and off the right of way belonging to the United States. shall not exceed 3 miles per hour either in entering, leaving, or
(6) Tows. No tow shall enter or pass through the canal with a towline navigating within Port Alexander, Alaska.
more than 200 in length. [CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47 FR
(7) Delaying traffic. No person shall cause or permit any vessel or boat 27260, June 24, 1982]
of which he is in charge, or on which he is employed, to obstruct the canal
in any way or delay in passing through it
162.255 Wrangell Narrows, Alaska; use, administration, and
(b) West Waterway, Seattle Harbor; navigation.
navigation.
(1) The movement of vessels of 250 gross tons or over and all vessels
(a) Definitions.
with tows of any kind through the narrow section of West Waterway
(1) The term "Wrangell Narrows" includes the entire body of water
between the bend at Fisher's Flour Mill dock and the bend at the junction of
between Wrangell Narrows North Entrance Lighted Bell Buoy 63 and
East Waterway with Duwamish Waterway, and through the draws of the
Midway Rock Light
City of Seattle and Northern Pacific Railway Company bridges crossing
this narrow section, shall be governed by red and green traffic signal lights
mounted on the north and south sides of the west tower of the City Light
power crossing at West Spokane Street
(2) Two green lights, one vertically above the other, displayed ahead of
a vessel, shall indicate that the waterway is clear. Two red lights, one

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M.E.T. PUBLICATION 515 — 5TH EDITION
(2) The term "raft section" refers to a standard raft of logs or piling (g) The dredge will slack lines running across the channel from the
securely fastened together for long towing in Alaska inland waters in the dredge on the passing side, for passing vessels, when notified by signal,
manner customary with the local logging interests, i.e., with booms, with whistle or horn.
swifters, and tall sticks. It normally contains 30, 000 to 70, 000 feet board (h) The position of anchors of the dredge shall be marked by buoys
measure of logs or piling and has a width of 45 to 60 feet and a length of plainly visible to passing vessels.
75 to 100 feet
(b) Speed restrictions. No vessel shall exceed a speed of seven (7) knots 162.270 Restricted areas in vicinity of Maritime Administration
in the vicinity of Petersburg, between Wrangell Narrows Channel Light 58 Reserve Fleets.
and Wrangell Narrows Lighted Buoy 60. (a) The regulations in this section shall govern the use and navigation of
(c) Tow channel. The following route shall be taken by all tows passing waters in the vicinity of the following National Defense Reserve Fleets of
through Wrangell Narrows when the towboat has a draft of 9 feet or less the Maritime Administration, Department of Transportation:
(northbound, read down; southbound, read up): (1) James River Reserve Fleet, Fort Eustis, Virginia.
East of Battery Islets: (2) Beaumont Reserve Fleet, Neches River near Beaumont, Texas.
East of Tow Channel Buoy 1 TC. (3) Suisun Bay Reserve Fleet near Benicia, California.
East of Tow Channel Buoy 3 TC. (b) No vessels or other watercraft, except those owned or controlled by
West of Tow Channel Buoy 4 TC. the United States Government, shall cruise or anchor between Reserve Fleet
East of Colorado Reef: units within 500 feet of the end vessels in each Reserve Fleet unit, or
East of Wrangell Narrows Channel Light 21. within 500 feet of the extreme units of the fleets, unless specific permission
West of Wrangell Narrows Channel Lighted Buoy 25. of do so has first been granted in each case by the enforcing agency.
East of Tow Channel Buoy 5 TC. (c) The regulations in this section shall be enforced by the respective
East of Tow Channel Buoy 7 TC. Fleet Superintendents and such agencies as they may designate.
West of Petersburg: [CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 86-053, 51 FR
East of Wrangell Narrows Channel Light 54 Fr. 43742, Dec. 4, 1986]
East of Wrangell Narrows Channel Light 56 Qk FR.
East of Wrangell Narrows Channel Light 58 Fr., thence proceeding to
west side of channel and leaving Wrangell Narrows by making
passage between Wrangell Narrows Channel Daybeacon 61 and
Wrangell Narrows North Entrance Lighted Bell Buoy 63 F.
(d) Size of lows. The maximum tows permitted shall be one pile driver,
or three units of other towable equipment or seven raft sections.
(e) Arrangement of tows.
(1) No towline or aggregate of towlines between towboat and separated
pieces shall exceed 150 feet in length.
(2) Raft and barge tows of more than one unit shall not exceed 65 feet
in width overall. Single barge tows shall not exceed 100 feet in width
overall.
(3) Tows other than rafts shall be taken alongside the towboat whenever
possible.
(f) Anchorage. Vessels may anchor in the anchorage basin in the vicinity
of Anchor Point No craft or tow shall be anchored in Wrangell Narrows
in either the main ship channel or the towing channel, nor shall any craft
or tow be anchored so that it can swing into either of these channels.
(g) Disabled craft. Disabled craft in a condition of absolute necessity are
exempt from the regulations in this section.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47 FR
27266, June 24, 1982; 60 FR 63623, Dee. 12, 1995]

162.260 Channel leading to San Juan Harbor, P.R.; use,


administration, and navigation.
(a) Steamers passing dredge engaged in improving the channel shall not
have a speed greater than 4 miles an hour, and the propelling machinery
shall be stopped when crossing the lines to the dredge anchors.
(b) Vessels using the channel shall pass the dredge on the side designated
from the dredge by the signals prescribed in paragraph (c) of this section.
(c) Dredge shall display the red flag by day and four white lights hung
in a vertical line by night to indicate the passing side.
(d) Vessels shall not anchor on the ranges of stakes or other marks
placed for the guidance of the dredge, nor in such a manner as to obstruct
the channel for passing vessels.
(e) Vessels shall not run over or disturb stake, lanterns, or other marks
placed for the guidance of the dredge.
(f) Dredges working in the prosecution of the work shall not obstruct the
channel unnecessarily.

33 CFR PART 162 PAGE 13


326
M.E.T. PUBLICATION 515 — 5TH EDITION

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]

163.05 Tows of seagoing barges within inland waters.


(a) The tows of seagoing barges when navigating the inland waters of the
United States shall be limited in length to five vessels, including the towing
vessel or vessels.
[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]

163.20 Bunching of tows.


(a) In all cases where tows can be bunched, it should be done.
(b) Tows navigating in the North and East Rivers of New York must be
bunched above a line drawn between Robbins Reef Light and Owls Head,
Brooklyn, but the quarantine anchorage and the north entrance to Ambrose
Channel shall be avoided in the process of bunching tows
(c) Tows must be bunched above the mouth of the Schuylkill River, Pa.
[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 64-21, 29 FR 5733,
Apr. 30, 1964, Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]

PAGE 1 33 CFR PART 163


327
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) Sections 164.70 through 164.82 of this part apply to each towing
TITLE 33 vessel of 12 meters (39.4 feet) or more in length operating in the navigable
CODE OF FEDERAL REGULATIONS waters of the United States other than the St. Lawrence Seaway, except that
PART 164 - NAVIGATION SAFETY a towing vessel is exempt from the requirements of §164.72 if it is—
REGULATIONS (1) Used solely within a limited geographic area, such as a fleeting-area
for barges or a commercial facility, and used solely for restricted service,
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." such as making up or breaking up larger tows;
(2) Used solely for assistance lowing as defined by 46 CFR 10.103;
However, we reprinted only those subparts and sections of concern to foreign
(3) Used solely for pollution response; or
vessels. If you need additional information listed in this Table of Contents that does (4) Any other vessel exempted by the Captain of the Port (COTP) The
not appear in the pages that follow, please write or fax us. We will be glad to furnish COTP, upon written request, may, in writing, exempt a vessel from
this information for a small service charge] §164.72 for a specified route if he or she decides that exempting it would
not allow its unsafe navigation under anticipated conditions.
TABLE OF CONTENTS [CGD 83-004; 49 FR 43466, Oct. 29, 1984; 61 FR 35064, July 03, 1996]

164.01 Applicability. 164.02 Applicability exception for foreign vessels.


164.02 Applicability exception for foreign vessels.
164.03 Incorporation by reference. (a) This part (including §§164.38 and 164.39) does not apply to vessels
164.11 Navigation under way: General. that:
164.13 Navigation underway: tankers. (1) Are not destined for, or departing from, a port or place subject to the
164.15 Navigation bridge visibility. jurisdiction of the United States; and
164.19 Requirements for vessels at anchor (2) Are in:
164.25 Tests before entering or getting underway. (i) Innocent passage through the territorial sea of the United States; or
164.30 Charts, publications, and equipment: General (ii) Transit through navigable waters of the United States which form a
164.33 Charts and publications. part of an international strait
164.35 Equipment All vessels. [CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended by CGD 79-148, 45 FR
164.37 Equipment. Vessels of 10, 000 gross tons or more. 54039, Aug. 14, 1980]
164.38 Automatic radar plotting aids (ARPA).
164.38 Appendix A to §164.38—Performance Standards For
164.03 Incorporation by reference.
Automatic Radar Plotting Aids (ARPA) (a) Certain material is incorporated by reference into this part with the
164.38 Annex 1 to Appendix A—Definitions Of Terms To Be approval of the Director of the Federal Register under 5 U.S.C. 552 (a) and
Used Only In Connection With ARPA Performance 1 CFR part 51 To enforce any edition other than that specified in paragraph
164.38 Annex 2 to Appendix A—Operational Scenarios (b) of this section, the Coast Guard must publish notice of change in the
164.38 Annex 3 to Appendix A—Sensor Errors Federal Register and the material must be available to the public. An
164.38 Appendix B to §164.38—U.S. Maritime Administra- approved material is on file at the Office of the Federal Register, 800 North
tion Collision Avoidance System Specification Capitol Street, NW., suite 700, Washington. DC, and at the Office of Vessel
164.39 Steering gear: Foreign tankers. Traffic Management (G-MOV), Coast Guard Headquarters, 2100 Second
164.40 Devices to indicate speed and distance.
Street, SW., Washington, DC 20593-0001 and is available from the sources
164.41 Electronic position fixing devices.
indicated in paragraph (b) of this section.
164.42 Rate of turn indicator.
(b) The materials approved for incorporation by reference in this part and
164.43 Automated Dependent Surveillance Shipborne Equipment
the sections affected are as follows:
164.51 Deviations from rules: Emergency.
164.53 Deviations from rules and reporting: Non-operating equipment
164.55 Deviations from rules: Continuing operation or period of time. American Petroleum Institute (API), 1220 L St. NW., Washington, DC
20005 API Specification 9A, Specification for Wire Rope,
164.61 Marine casualty reporting and record retention
Section 3, Properties and Tests for Wire and Wire Rope, May 28,
164.70 Definitions. 1984 ……………………………………………………….164.74
164.72 Navigational-safety equipment, charts or maps, and publications American Society for Testing and Materials (ASTM), 1916 Race Street,
required on towing vessels. Philadelphia, PA 19103 ASTM D4268-93, Standard Test Method for
164.74 Towline and terminal gear for towing astern. Testing Fiber Ropes ……………………………………….164.74
164.76 Towline and terminal gear for lowing alongside and pushing Cordage Institute, 350 Lincoln Street, Hingham, MA 02043
164.78 Navigation under way. Towing vessels. CIA-3, Standard Test Methods for Fiber Rope Including Standard
164.80 Tests and inspections. Terminations, Revised, June 1980 ………………………...164.74
164.82 Maintenance, failure, and reporting. International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, U.K IMO Resolution A342 (IX),
AUTHORITY 33 U.S.C 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR 1.46. Recommendation on Performance Standards for Automatic Pilots,
Sec 164.13 also issued under 46 U.S.C. 8502. Sec 164.61 also issued adopted November 12, 1975……………………………….164.13
under 46 U.S.C. 6101. International Telecommunication Union Radiocommunication Bureau
(ITU-R), Place de Nations CH—1211 Geneva 20 Switzerland(1)
164.01 Applicability. ITU-R Recommendation M821, Optional Expansion of the
(a) This part (except as specifically limited herein) applies to each self- Digital Selective-Calling System for Use in the Maritime Mobile
propelled vessel of 1600 or more gross tons (except foreign vessels Service, 1992 ...…………………………………………….164.13
described in §164.02) when it is operating in the navigable waters of the
United States except the St. Lawrence Seaway.

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 2 33 CFR PART 164


329
M.E.T. PUBLICATION 515 — 5TH EDITION
(2) A qualified helmsman is present at the helm and prepared at all times ting underway, the following equipment has been tested:
to assume manual control. (1) Primary and secondary steering gear. The test procedure includes a
(3) The tanker is not operating in any of the following areas: visual inspection of the steering gear and its connecting linkage, and, where
(i) The areas of the traffic separation schemes specified in subchapter P applicable, the operation of the following:
of this chapter. (i) Each remote steering gear control system.
(ii) The portions of a shipping safety fairway specified in part 166 of this (ii) Each steering position located on the navigating bridge.
chapter. (iii) The main steering gear from the alternative power supply, if
(iii) An anchorage ground specified in part 110 of this chapter. installed.
(iv) An area within one-half nautical mile of any U.S. shore. (iv) Each rudder angle indicator in relation to the actual position of the
(e) A tanker equipped with an integrated navigation system, and complying rudder.
with paragraph (d) (2) of this section, may use the system with (v) Each remote steering gear control system power failure alarm.
the auto pilot engaged while in the areas described in paragraphs (d) (3) (i) (vi) Each remote steering gear power unit failure alarm.
and (ii) of this section. The master shall provide, upon request, (vii) The full movement of the rudder to the required capabilities of the
documentation showing that the integrated navigation system— steering gear.
(1) Can maintain a predetermined trackline with a cross track error of (2) All internal vessel control communications and vessel control alarms.
less than 10 meters 95 percent of the time; (3) Standby or emergency generator, for as long as necessary to show
(2) Provides continuous position data accurate to within 20 meters 95 proper functioning, including steady state temperature and pressure
percent of the time; and readings.
(3) Has an immediate override control. (4) Storage batteries for emergency lighting and power systems in vessel
[CGD 91-203, 58 FR 27633, May 10, 1993, as amended by CGD 91-203, 58 FR control and propulsion machinery spaces.
36141, July 6, 1993] (5) Main propulsion machinery, ahead and astern.
(b) Vessels navigating on the Great Lakes and their connecting and
tributary waters, having once completed the test requirements of this
164.15 Navigation bridge visibility. subpart, are considered to remain in compliance until arriving at the next
(a) The arrangement of cargo, cargo gear, and trim of all vessels entering port of call on the Great Lakes.
or departing from U.S. ports must be such that the field of vision from the (c) Vessels entering the Great Lakes from the St. Lawrence Seaway are
navigation bridge conforms as closely as possible to the following considered to be in compliance with this sub-part if the required tests are
requirements: conducted preparatory to or during the passage of the St. Lawrence Seaway
(1) From the conning position, the view of the sea surface must not be or within one hour of passing Wolfe Island.
obscured by more than the lesser of two hip lengths or 500 meters (1640 (d) No vessel may enter, or be operated on the navigable waters of the
feet) from dead ahead to 10 degrees on either side of the vessel. Within United States unless the emergency steering drill described below has been
this arc of visibility any blind sector caused by cargo, cargo gear, or other conducted within 48 hours prior to entry and logged in the vessel logbook,
permanent obstruction must not exceed 5 degrees. unless the drill is conducted and logged on a regular basis at least once
(2) From the conning position, the horizontal field of vision must extend every three months. This drill must include at a minimum the following:
over an arc from at least 22.5 degrees abaft the beam on one side of the (1) Operation of the main steering gear from within the steering gear
vessel, through dead ahead, to at least 22.5 degrees abaft the beam on the compartment.
other side of the vessel. Blind sectors forward of the beam caused by cargo, (2) Operation of the means of communications between the navigating
cargo gear, or other permanent obstruction must not exceed 10 degrees bridge and the steering compartment
each, nor total more than 20 degrees, including any blind sector within the (3) Operation of the alternative power supply for the steering gear if the
arc of visibility described in paragraph (a) (1) of this section. vessel is so equipped.
(3) From each bridge wing, the field of vision must extend over an arc (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46 (n) (4))
from at least 45 degrees on the opposite bow, through dead ahead, to at [CGD 77-183, 45 FR 18925, Mar. 24, 1980, as amended by CGD 83-004, 49
least dead astern.
FR 43466, Oct. 29, 1984]
(4) From the main steering position, the field of vision must extend over
an arc from dead ahead to at least 60 degrees on either side of the vessel.
(b) A clear view must be provided through at least two front windows 164.30 Charts, publications, and equipment: General.
at all times regardless of weather conditions. No person may operate or cause the operation of a vessel unless the
[CGD 85-099, 55 FR 32247, Aug. 8, 1990] vessel has the marine charts, publications, and equipment as required by
§§164.33 through 164.41 of this part.
164.19 Requirements for vessels at anchor. [CGD 82-055, 48 FR 44535, Sept. 29, 1983]
The master or person in charge of each vessel that is anchored shall
ensure that 164.33 Charts and publications.
(a) A proper anchor watch is maintained; (a) Each vessel must have the following:
(b) Procedures are followed to detect a dragging anchor; and (1) Marine charts of the area to be transited, published by the National
(c) Whenever weather, tide, or current conditions are likely to cause the Ocean Service, U.S. Army Corps of Engineers, or a river authority that—
vessel's anchor to drag, action is taken to ensure the safety of the vessel, (i) Are of a large enough scale and have enough detail to make safe
structures, and other vessels, such as being ready to veer chain, let go a navigation of the area possible; and
second anchor, or get underway using the vessel's own propulsion or tug (ii) Are currently corrected.
assistance. (2) For the area to be transited, a currently corrected copy of, or
[CGD 74-77, 42 FR 5956, Jan. 31, 1977] applicable currently corrected extract from, each of the following
publications:
164.25 Tests before entering or getting underway. (i) U.S. Coast Pilot
(ii) Coast Guard Light List
(a) Except as provided in paragraphs (b) and (c) of this section no person
(3) For the area to be transited, the current edition of, or applicable
may cause a vessel to enter into or get underway on the navigable waters
current extract from:
of the United States unless no more than 12 hours before entering or get-
(i) Tide tables published by the National Ocean Service.

33 CFR PART 164 PAGE 3


330
M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) Tidal current tables published by the National Ocean Service, or river Warning
current publication issued by the U.S. Army Corps of Engineers, or a river The response of the (name of the vessel) may be different from that
authority. listed above if any of the following conditions, upon which the
(b) As an alternative to the requirements for paragraph (a) of this maneuvering information is based, are varied:
section, a marine chart or publication, or applicable extract, published (1) Calm weather—wind 10 knots or less, calm sea;
by a foreign government may be substituted for a U.S. chart and (2) No current;
publication required by this section. The chart must be of large enough (3) Water depth twice the vessel's draft or greater;
scale and have enough detail to make safe navigation of the area possible, (4) Clean hull; and
and must be currently corrected. The publication, or applicable extract, (5) Intermediate drafts or unusual trim.
must singly or in combination contain similar information to the U.S. (h) An echo depth sounding device.
Government publication to make safe navigation of the area possible. (i) A device that can continuously record the depth readings of the
The publication, or applicable extract must be currently corrected, with vessel's echo depth sounding device, except when operating on the Great
the exceptions of tide and tidal current tables, which must be the Lakes and their connecting and tributary waters.
current editions. (j) Equipment on the bridge for plotting relative motion.
(c) As used in this section, "currently corrected" means corrected with (k) Simple operating instructions with a block diagram, showing the
changes contained in all Notices to Manners published by Defense change-over procedures fix remote steering gear control systems and
Mapping Agency Hydrographic/Topographic Center, or an equivalent steering gear power units, permanently displayed on the navigating bridge
foreign government publication, reasonably available to the vessel, and that and in the steering gear compartment
is applicable to the vessel's transit (l) An indicator readable from the centerline conning position showing
[CGD 82-055, 48 FR 44535, Sept. 29, 1983] the rate of revolution of each propeller, except when operating on the Great
Lakes and their connecting and tributary waters.
(m) If fitted with controllable pitch propellers, an indicator readable from
164.35 Equipment: All vessels.
Each vessel must have the following: the centerline conning position showing the pitch and operational mode of
(a) A marine radar system for surface navigation. such propellers, except when operating on the Great Lakes and their
(b) An illuminated magnetic steering compass, mounted in a binnacle, connecting and tributary waters.
that can be read at the vessel's main steering stand. (n) If fitted with lateral thrust propellers, an indicator readable from the
(c) A current magnetic compass deviation table or graph or compass centerline conning position showing the direction and amount of thrust of
comparison record for the steering compass, in the wheelhouse. such propellers, except when operating on the Great Lakes and their
(d) A gyrocompass. connecting and tributary waters.
(e) An illuminated repeater for the gyrocompass required by paragraph (o) A telephone or other means of communication for relaying headings
(d) of this section that is at the main steering stand, unless that to the emergency steering station. Also, each vessel of 500 gross tons and
gyrocompass is illuminated and is at the main steering stand. over and constructed on or after June 9, 1995 must be provided with
(f) An illuminated rudder angle indicator in the wheelhouse. arrangements for supplying visual compass-readings to the emergency
(g) The following maneuvering information prominently displayed on a steering station. (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46 (n)
fact sheet in the wheelhouse: (4)).
(1) A turning circle diagram to port and starboard that shows the [CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 77-183, 45 FR
time and distance and advance and transfer required to alter course 90 18925, Mar. 24, 1980; CGD 83-004, 49 FR 43468, Oct. 29, 1984; CGD 83-043, 60
degrees with maximum rudder angle and constant power settings, for FR 24771, May 10, 1995; 60 FR 28834, June 2, 1995]
either full and half speeds, or for full and slow speeds. For vessels
whose turning circles are essentially the same for both directions, a 164.37 Equipment: Vessels of 10, 000 gross tons or more.
diagram showing a turning circle in one direction, with a note on the (a) Each vessel of 10, 000 gross tons or more must have, in addition to
diagram stating that turns to port and starboard are essentially the the radar system under §164.35 (a), a second marine radar system that
same, may be substituted. operates independently of the first
(2) The time and distance to stop the vessel from either full and half Note: Independent operation means two completely separate systems,
speeds, or from full and slow speeds, while maintaining approximately the from separate branch power supply circuits or distribution panels to
initial heading with minimum application of the rudder. antennas, so that failure of any component of one system will not render
(3) For each vessel with a fixed propeller, a table of shaft revolutions per the other system inoperative.
minute for a representative range of speeds. (b) On each tanker of 10, 000 gross tons or more that is subject to Section
(4) For each vessel with a controllable pitch propeller, a table of control 5 of the Port and Tanker Safety Act of 1978 (46 U.S.C. 391a), the
settings for a representative range of speeds. dual radar system required by this part must have a short range capability
(5) For each vessel that is fitted with an auxiliary device to assist in and a long range capability; and each radar must have true north features
maneuvering, such as a bow thruster, a table of vessel speeds at which the consisting of a display that is stabilized in azimuth.
auxiliary device is effective in maneuvering the vessel. (Titles I and II, 86 Stat. 426, 427 (33 U.S.C. 1224; 46 U.S.C. 391 (a); 49
(6) The maneuvering information for the normal load and normal ballast CFR 1.46 (n) (4))
condition for: [CGD 77-016, 43 FR 32112, July 24, 1978, as amended by CGD 79-033, 44 FR
(i) Calm weather—wind 10 knots or less, calm sea; 26741, May 7, 1979; CGD 79-033, 47 FR 34089, Aug. 9, 1982]
(ii) No current;
(iii) Deep water conditions—water depth twice the vessel's draft or
greater; and 164.38 Automatic radar plotting aids (ARPA).
(iv) Clean hull. (a) The following definitions are used in this section—
(7) At the bottom of the fact sheet, the following statement: Bulk means material in any quantify that is shipped, stored, or handled
without benefit of package, label, mark or count and carried in integral or
fixed independent tanks.

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M.E.T. PUBLICATION 515 — 5TH EDITION
Constructed means a stage of construction where— a permanently affixed label containing;
(1) The keel is laid; (i) The name and address of the manufacturer; and
(2) Construction identifiable with a specific ship begins; or (ii) The following statement
(3) Assembly of that ship has commenced comprising at least 50 tons or "This device was designed and manufactured to comply with the U.S.
1 percent of the estimated mass of all structural material, whichever is less. Maritime Administration's 'Collision Avoidance System Specification.'"
Hazardous material means—
(1) A flammable liquid as defined in 46 CFR 30.10-22 or a combustible Appendix A to §164.38—Performance Standards
liquid as defined in 46 CFR 30.10-15; For Automatic Radar Plotting Aids (ARPA)
(2) A material listed in table 151.05 of 46 CFR 151.05, table 1 of 46
CFR 153, or table 4 of 46 CFR Part 154; or 1. Introduction
(3) A liquid, liquefied gas, or compressed gas listed in 49 CFR 172.101. 1.1 The Automatic Radar Plotting Aids (ARPA) should, in order to
Self-propelled vessel includes those combinations of pushing vessel and improve the standard of collision avoidance at sea:
vessel being pushed ahead which are rigidly connected in a composite unit .1 Reduce the work-load of observers by enabling them to
and are required by Rule 24 (b) of the International Regulations for automatically obtain information so that they can perform as well with
Preventing Collisions at Sea, 1972 (72 COLREGS) (App. A to 33 CFR Part multiple targets as they can by manually plotting a single target; and
81) to exhibit the lights prescribed in Rule 23 for a "Power Driven Vessel .2 Provide continuous, accurate and rapid situation evaluation.
1.2 In addition to the General Requirements for Electronic Navigational
Underway."
Aids (IMO] Res. A.281 (VII)), the ARPA should comply with the
Tank vessel means a vessel that is constructed or adapted to carry; or
following minimum performance standards.
carries, oil or hazardous materials in bulk as cargo or cargo residue.
(b) An Automatic Radar Plotting Aid (ARPA) that complies with the 2. Definitions
standard for such devices adopted by the International Maritime 2.1 Definitions of terms in these performance standards are given in
Organization in its "Operational Standards for Automatic Radar Plotting Annex 1.
Aids" (Appendix A), except as provided by paragraph (c) of this section,
and that has both audible and visual alarms, must be installed in accordance 3. Performance Standards
with the following schedule: 3.1 Detection
3.1.1 Where a separate facility is provided for detection of targets, other
(1) Each self-propelled vessel, except a public vessel, of 10, 000 gross
than by the radar observer, it should have a performance not inferior to that
tons or more carrying oil or hazardous materials in bulk as cargo or in
which could be obtained by the use of the radar display.
residue on the navigable waters of the United States, or which transfers oil
3.2 Acquisition
or hazardous materials in any port or place subject to the jurisdiction of the
3.2.1 Target acquisition may be manual or automatic. However, there
United States, must be equipped with an ARPA.
should always be a facility to provide for manual acquisition and
(2) Each lank vessel constructed before September 1, 1984, and not
cancellation. ARPA with automatic acquisition should have a facility to
required to be ARPA equipped by paragraph (b) (1) of this section,
suppress acquisition in certain areas. On any range scale where acquisition
operating on the navigable waters of the United States, must be equipped
is suppressed over a certain area, the area of acquisition should be indicated
with an ARPA—
on the display.
(i) If of 40, 000 gross tons or more, by January 1, 1985;
3.2.2 Automatic or manual acquisition should have a performance not
(ii) If of 10, 000 gross tons or more but less than 40, 000 gross tons, by
inferior to that which could be obtained by the user of the radar display.
January 1, 1986.
3.3 Tracking
(3) Each self-propelled vessel, except when operating on the Great Lakes
3.3.1 The ARPA should be able to automatically track, process,
and their connecting and tributary waters, constructed before September 1,
simultaneously display and continuously update the information on at least
1984, and that is not a tank vessel, and is not carrying oil or hazardous
.1.20 targets, if automatic acquisition is provided, whether automatically
material in bulk as cargo or in residue operating on the navigable waters
or manually acquired; or
of the United States, must be equipped with an ARPA—
.2.10 targets, if only manual acquisition is provided.
(i) If of 40, 000 gross tons or more, by September 1, 1986; 3.3.2 If automatic acquisition is provided, description of the criteria
(ii) If of 20, 000 gross tons or more, but less than 40, 000 gross tons, by
of selection of targets for tracking should be provided to the user. If
September 1, 1987;
the ARPA does not track all targets visible on the display, targets
(iii) If of 15, 000 gross tons or more, but less than 20, 000 gross tons, by
which are being tracked should be clearly indicated on the display. The
September I, 1988.
reliability of tracking should not be less than that obtainable using
(4) Each vessel of 10, 000 gross tons or more, except when operating
manual recording of successive target positions obtained from the radar
on the Great Lakes and their connecting and tributary waters, constructed
display.
on or after September 1, 1984 must be equipped with an
3.3.3 Provided the target is not subject to target swop, the ARPA should
ARPA.
continue to track an acquired target which is clearly distinguishable on the
(c) Devices installed prior to September 1, 1984, that comply with the
display for 5 out of 10 consecutive scans.
U.S. Maritime Administration's "Collision Avoidance System
3.3.4 The possibility of tracking errors, including target swop, should be
Specification" (Appendix B), and do not comply with the IMO standard,
minimized by ARPA design. A qualitative description of the effects of
may be retained until January I, 1991.
error sources on the automatic tracking and corresponding errors should be
(d) (1) Each device required under paragraph (b) of this section must
provided to the user, including the effects of low signal to noise and low
have a permanently affixed label containing:
signal to clutter ratios caused by sea returns, rain, snow, low clouds and
(i) The name and address of the manufacturer; and
non-synchronous emission.
(ii) The following statement:
"This device was designed and manufactured to comply with the 3.3.5 The ARPA should be able to display on request at least four
International Maritime Organization (IMO) 'Performance Standards for equally time-spaced past positions of any targets being tracked over a
Automatic Radar Plotting Aids (ARPA).'" period of at least eight minutes.
(2) Each device allowed under paragraph (c) of this section must have

33 CFR PART 164


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332
M.E.T. PUBLICATION 515 — 5TH EDITION
3.4 Display 3.4.13 After changing range scales on which the ARPA facilities are
3.4.1 The Display may be a separate or integral part of the ship's radar. available or resetting the display, full plotting information should be
However, the ARPA display should include all the data required to be displayed within a period of time not exceeding four scans.
provided by a radar display in accordance with the performance standards 3.5 Operational Warnings
for navigational radar equipment adopted by the Organization. 3.5.1 The ARPA should have the capability to warn the observer with
3.42 The design should be such that any malfunction of ARPA parts a visual and/or audible signal of any distinguishable target which closes to
producing information additional to information to be produced by the a range or transits a zone chosen by the observer. The target causing the
radar as required by the performance standards for navigational equipment warning should be clearly indicated on the display.
adopted by IMO should not affect the integrity of the basic radar 3.5.2 The ARPA should have the capability to warn the observer with
presentation. a visual and/or audible signal of any tracked target which is predicted to
3.43 The display on which ARPA information is presented should have close to within a minimum range and time chosen by the observer. The
an effective diameter of at least 340 mm. target causing the warning should be clearly indicated on the display.
3.4.4 The ARPA facilities should be available on at least the following 3.5.3 The ARPA should clearly indicate if a tracked target is lost, other
range scales: than out of range, and the target's last tracked position should be clearly
.1.12 or 16 miles; indicated on the display.
.2.3 or 4 miles. 3.5.4 It should be possible to activate or de-activate the operational
3.4.5 There should be a positive indication of the range scale in use. warnings.
3.4.6 The ARPA should be capable of operating with a relative motion 3.6 Data Requirements
display with "north-up" and either "head-up" or "course-up" azimuth 3.6.1 At the request of the observer the following information should be
stabilization. In addition, the ARPA may also provide for a true motion immediately available from the ARPA in alphanumeric form in regard to
display. If true motion is provided, the operator should be able to select for any tracked target:
his display either true or relative motion. There should be a positive .1 Present range to the target;
indication of the display mode and orientation in use. .2 Present bearing of the target;.
3.4.7 The course and speed information generated by the ARPA for .3 Predicted target range at the closest point of approach (CPA);
acquired targets should be displayed in a vector or graphic form which .4 Predicted time to CPA (TCPA);
clearly indicates the target's predicted motion. In this regard: .5 Calculated true course of target;
.1 ARPA presenting predicted information in vector form only should .6 Calculated true speed of target
have the option of both true and relative vectors; 3.7 Trial Manoeuvre
.2 An ARPA which is capable of presenting target course and speed 3.7.1 The ARPA should be capable of simulating the effect on all
information in graphic form, should also, on request, provide the target's tracked targets of an own ship manoeuvre without interrupting the updating
true and/or relative vector; of target information. The simulation should be initiated by the depression
.3 Vectors displayed should be either time adjustable or have a fixed either of a spring-loaded switch, or of a function key, with a positive
time-scale; identification on the display.
.4 A positive indication of the time-scale of the vector in use should be 3.8 Accuracy
3.8.1 The ARPA should provide accuracies not less than those given in
given.
paragraphs 3.8.2 and 3.8.3 for the four scenarios defined in Annex 2. With
3.4.8 The ARPA information should not obscure radar information in
the sensor errors specified in Annex 3, the values given relate to the best
such a manner as to degrade the process of detecting targets. The display
possible manual plotting performance under environmental conditions of
of ARPA data should be under the control of the radar observer. It should
plus and minus ten degrees of roll.
be possible to cancel the display of unwanted ARPA data.
3.8.2 An ARPA should present within one minute of steady state
3.4.9 Means should be provided to adjust independently the brilliance of
tracking the relative motion trend of a target with the following accuracy
the ARPA data and radar data, including complete elimination of the
values (95 percent probability values):
ARPA data.
3.4.10 The method of presentation should ensure that the ARPA data is
clearly visible in general to more than one observer in the conditions of
light normally experienced on the bridge of a ship by day and by night Relative course Relative speed
Scenario/data CPA (n.m.)
Screening may be provided to shade the display from sunlight but not to (degrees) (Knots)
the extent that it will impair the observer's ability to maintain a proper 1 ........ 11 2.8 1.6
lockout Facilities to adjust the brightness should be provided.
2 ........ 7 0.6 ..........
3.4.11 Provisions should be made to obtain quickly the range and
3 ........ 14 2.2 1.8
bearing of any object which appears on the ARPA display.
4 ........ 15 1.5 2.0
3.4.12 When a target appears on the radar display and, in the case of
automatic acquisition, enters within the acquisition area chosen by the
observer or, in the case of manual acquisition, has been acquired by the 3.8.3 An ARPA should present within three minutes of steady state
observer, the ARPA should present in a period of not more than one tracking the motion of a target with the following accuracy values (95
minute an indication of the target's motion trend and display within three percent probability values):
minutes the target's predicted motion in accordance with paragraphs 3.4.7,
3.6, 3.8.2 and 3.8.3.
Relative course Relative speed C.P.A. TCPA True course True speed
Scenario/data
(degrees) (knots) (n.m.) (mins) (degrees) (knots)
1 ........................ 3.0 0.8 0.5 1.0 7.5 1.2
2 ........................ 2.3 .3 ..................... .................... 2.9 .8
3 ........................ 4.4 .9 .7 1.0 3.3 1.0
4 ........................ 4.6 .8 .7 1.0 2.6 1.2

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M.E.T. PUBLICATION 515 — 5TH EDITION
3.8.4 When a tracked target, or own ship, has completed a manoeuvre, of parameters and display of information.
the system should present in a period of not more than one minute an Detection—The recognition of the presence of a target
indication of the target's motion trend, and display within three minutes the Acquisition—The selection of those targets requiring a tracking
target's predicted motion in accordance with paragraphs 3.4.7, 3.6, 3.8.2 procedure and the initiation of their tracking.
and 3.8.3 Tracking—The process of observing the sequential changes in the
3.8.5 The ARPA should be designed in such a manner that under the position of a target, to establish its motion.
most favorable conditions of own ship motion the error contribution from Display—The plan position presentation of ARPA data with radar data.
the ARPA should remain insignificant compared to the errors associated Manual—An activity which a radar observer performs, possibly with
with the input sensors, for scenarios of Annex 2. assistance from a machine.
3.9 Connections with other equipment Automatic—An activity which is performed wholly by a machine.
3.9.1 The ARPA should not degrade the performance of any equipment
providing sensor inputs. The connection of the ARPA to any other
Annex 2 Appendix A—Operational Scenarios
equipment should not degrade the performance of that equipment
For each of the following scenarios predictions are made at the target
3.10 Performance test and warnings
3.10.1 The ARPA should provide suitable warnings of ARPA position defined after previously tracking for the appropriate time of one or
malfunction to enable the observer to monitor the proper operation of the three minutes:
system. Additionally test programmes should be available so that the
overall performance of ARPA can be assessed periodically against a known
solution. Scenario 1
3.11 Equipment used with ARPA Own ship course—000°
3.11.1 Log and speed indicators providing inputs to ARPA equipment Own ship speed—10 kt
should be capable of providing the ship's speed through the water. Target range—8 n.m.
Bearing of target—000°
Annex 1 to Appendix A—Definitions of Terms To Relative course of target—
Be Used Only in Connection With ARPA Performance Relative speed of target—20 kt
Standards.
Scenario 2
Own ship course—000°
Relative course—The direction of motion of a target related to own ship
Own ship speed—10 kt
as deduced from a number of measurements of its range and bearing on the
Target range—1 n.m.
radar. Expressed as an angular distance from North.
Bearing of target—000°
Relative speed—The speed of a target related to own ship, as deduced Relative course of target—
from a number of measurements of its range and bearing on the radar. Relative speed of target—10 kt
True course—The apparent heading of a target obtained by the vectorial
combination of the target's relative motion and ship's own motion'.
Scenario 3
Expressed as an angular distance from North. Own ship course—000°
True speed—The speed of a target obtained by the vectorial combination Own ship speed—5 kt
of its relative motion and own ship's motion1. Target range—8 n.m.
1
For the purpose of these definitions there is no need to distinguish between sea or
Bearing of target—045°
ground stabilization. Relative course of target—
Relative speed of target—20 kt

Bearing—The direction of one terrestrial point from another. Expressed Scenario 4


as an angular distance from North. Own ship course—000°
Relative motion display—The position of own ship on such a display Own ship speed—25 kt
remains fixed. Target range—8 run.
True motion display—The position of own ship on such display moves Bearing of target—045°
in accordance with its own motion. Relative course of target—
Azimuth stabilization—Own ship's compass information is fed to the Relative speed of target—20 kt
display so that echoes of targets on the display will not be caused to smear
by changes of own ship's heading.
/North-up—The line connecting the center with the top of this display Annex 3 to Appendix A—Sensor Errors
is North. The accuracy figures quoted in paragraph 3.8 are based upon the
/Head-up—The line connecting the center with the top of the display is following sensor errors and are appropriate to equipment complying with
own ship heading. the Organization's performance standards for shipborne navigational
/Course-up—An intended course can be set to the line connecting the equipment2
center with the top of the display.
2
Heading—The direction in which the bow of a vessel is pointing. In calculations leading to the accuracy figures quoted in paragraph 3.8, these sensor
Expressed as an angular distance from North. error sources and magnitudes were used. They were arrived at during discussions
with national government agencies and equipment manufacturers and are appropriate
Target's predicted motion—The indication on the display of a liner to equipments complying with the Organization's draft performance standards for
extrapolation into the future of a target's motion, based on measurements radar equipment (preliminary) (NAV XXII/WP.l4), gyro compasses (NAV XXI/9,
of the target's range and bearing on the radar in the recent past Annex X) and logs (preliminary) (NAV XXII/WP.15).
Target's motion trend—An early indication of the target's predicted Independent studies carried out by national government agencies and equipment
manufacturers have resulted in similar accuracies, where comparisons were made.
motion.
Radar Plotting—The whole process of target detection, tracking,
calculation Note: o means "standard deviation"

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M.E.T. PUBLICATION 515 — 5TH EDITION
Radar provided to silence the audio alarm for a given threat but the alarm shall
Target Glint (Scintillation) (for 200 m length target) resound upon a subsequent threat. The visual alarm shall continue to
Along length of target o = 30 m. (normal distribution) operate until all threats have been eliminated. If the collision avoidance
Across beam of target o = 1 m. (normal distribution) system Oils to perform as indicated above, after the system is set for
Roll-Pitch Bearing. The bearing error will peak in each of the four unattended monitoring, the system shall produce both audio and visual
quadrants around own ship for targets on relative bearings of 045°, 135°, warning alarms.
225° and 315° The system shall be capable of simulating a trial maneuver.
and will be zero at relative bearings of 0°, 90°, 180° and 270°. This error In addition to the target display, an alphanumeric readout shall be
has a sinusoidal variation at twice the roll frequency. For a 10° roll the provided which can present range, bearing, course, speed, CPA and TCPA
mean error is 0.22° with a 0.22° peak sine wave superimposed. for any selected target, either on the target display or by other display
Beam shape—assumed normal distribution giving bearing error with means.
o = 0.05. The collision avoidance system shall be energized from the interior
Pulse shape—assumed normal distribution giving range error with o = communications panel board in the wheelhouse.
20 meters. The collision avoidance function may be incorporated in an integrated
Antenna backlash—assumed rectangular distribution giving bearing error conning system, provided that failure of any other integrated system
±0.5 maximum. component will not degrade the collision avoidance function.
Quantization [CGD 79-148, 45 FR 54039, Aug. 14, 1980; 45 FR 71800, Oct. 30, 1980, as
Bearing—rectangular distribution ±0.01° maximum. amended by CGD 83-004; 49 FR 43467, Oct. 29, 1984]
Range—rectangular distribution ±0.01 n.m. maximum.
Bearing encoder assumed to be running from a remote synchro giving 164.39 Steering gear: Foreign tankers.
bearing errors with a normal distribution o = 0.03° (a) This section applies to each foreign tanker of 10, 000 gross tons or
more, except a public vessel, that—
Gyro compass (1) Transfers oil at a port or place subject to the jurisdiction of the
Calibration error 0.5°. United States; or
Normal distribution about this with o = 0.12°. (2) Otherwise enters or operates in the navigable waters of the United
States, except a vessel described by §164.02 of this part.
Log (b) Definitions. The terms used in this section are as follows:
Calibration error 0.5 kt. Constructed means the same as in Chapter II-1. Regulations 1.1.2 and
Normal distribution about this, 3 o = 0.2 kt 1.13.1, of SOLAS 74.
Existing tanker means a tanker—
Appendix B to §164.38—U.S. Maritime Administration
(1) For which the building contract is placed on or after June 1, 1979;
Collision Avoidance System Specification (2) In the absence of a building contract, the keel of which is laid or
which is at a similar stage of construction on or after January 1, 1980;
A collision system designed as a supplement to both surface search (3) The delivery of which occurs on or after June 1, 1982; or
navigational radars via interswitching shall be installed. The system shall (4) That has undergone a major conversion contracted for on or after
provide unattended monitoring of all radar echoes and automatic audio and June I, 1979; or construction of which was begun on or after January 1,
visual alarm signals that will alert the watch officer of a possible threat 1980, or completed on or after June 1, 1982.
The display shall be contained within a console capable of being installed Public vessel, oil, hazardous materials, and foreign vessel mesa the same
adjacent to the radar displays in the wheelhouse and may form a part of the as in 46 U.S.C. 2101.
bridge console. SOLAS 74 means the International Convention for the Safety of Life at
Provision for signal input from the ship's radars, gyro compass, and Sea, 1974, as amended.
speed log, without modification to these equipments shall be made. The Tanker means a self-propelled vessel defined as a tanker by 46 U.S.C.
collision avoidance system, whether operating normally or having failed, 2101 (38) or as a tank vessel by 46 U.S.C. 2101 (39).
must not introduce any spurious signals or otherwise degrade the (c) Each tanker constructed on or after September 1, 1984, must meet the
performance of the radars, the gyro compass or the speed log. applicable requirements of Chapter II-1, Regulations 29 and 30, of SOLAS
Computer generated display data for each acquired target shall be in the 74.
form of a line or vector indicating true or relative target course, speed and (d) Each tanker constructed before September 1, 1984, must meet the
both present and extrapolated future positions. Data shall be automatically requirements of Chapter II-1, Regulation 29.19, of SOLAS 74.
displayed on a cathode ray tube or other suitable display contrivance (e) Each tanker of 40, 000 gross tons or more, constructed before
sufficiently bright and unobstructed to permit viewing by more than one September 1, 1984, that does not meet the single-failure criterion of
person at a time. Chapter II-l, Regulation 29.16, of SOLAS 74, must meet the requirements
In addition to displaying the collision potential of the most threatening of Chapter II-1. Regulation 29.20, of SOLAS 74.
fixed and moving targets, the system shall be capable of simultaneously (f) Each tanker constructed before September 1, 1984, must meet the
showing land masses. applicable requirements of Chapter II-1. Regulations 29.14 and 29.15, of
The system display shall include a heading indication and bearing ring. SOLAS 74.
The system shall also have the capability of allowing the operator to select [CGD 83-043, 60 FR 24771, May 10. 1995]
"head-up" and to cancel the vector or line presentation of any of the
targets. The presentation shall be non-smearing when changing modes or
164.40 Devices to indicate speed and distance.
display scales in order to permit rapid evaluation of the displayed data.
(a) Each vessel required to be fitted with an Automatic Radar Plotting
Target acquisition, for display data purposes, may be manual, automatic
Aid (ARPA) under §164.38 must be fitted with a device to indicate speed
or both, as specified by Owner.
and distance of the vessel either through the water, or over the ground.
For any manual acquisition system the alarms shall be initiated by a
Vessels constructed prior to September 1, 1984, must have this equipment
preset minimum range; and likewise for any automatic acquisition system
according to the following schedule:
the alarms shall be initialed by a preset minimum acceptable passing
distance (CPA — Closest Point of Approach) and a preset advance warning
time (TCPA — Time to Closest Point of Approach). Means shall be

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M.E.T. PUBLICATION 515 — 5TH EDITION
(1) Each tank vessel constructed before September 1, 1984, operating on (b) Each label required under paragraph (a) (1) of this section must show
the navigable waters of the United States— the following:
(i) If of 40, 000 gross tons or more, by January 1, 1985; (1) The name and address of the manufacturer.
(ii) If of 10, 000 gross tons or more but less than 40, 000 gross tons, by (2) The following statement by the manufacturer:
January 1, 1986. This receiver was designed and manufactured to meet Part 2 (Minimum
(2) Each self-propelled vessel constructed before September 1, 1984, that Performance Standards) of the RTCM MPS for Marine Loran-C Receiving
is not a tank vessel, operating on the navigable waters of the United Equipment
States— (Sec. 12, 92 Slat. 1477 (33 U.S.C. 1231); 49 CFR 1.46 (n) (4))
(i) If of 40, 000 gross tons or more, by September 1, 1986; [CGD 81-081, 47 FR 58244, Dec. 30, 1982, as amended by CGD 88-052, 53 FR
(ii) If of 20, 000 gross tons or more, but less than 40, 000 gross tons, by 25122, July 1, 1988; 61 FR 33660, June 28, 1996]
September 1, 1987;
(iii) If of 15, 000 gross tons or more, but less than 20, 000 gross tons, by
September I, 1988. 164.42 Rate of turn indicator.
(b) The device must meet the following specifications: Each vessel of 100, 000 gross tons or more constructed on or after
(1) The display must be easily readable on the bridge by day or September 1, 1984 shall be fitted with a rate of turn indicator.
night. [CGD 83-004, 49 FR 43468, Oct. 29, 1984]
(2) Errors in the indicated speed, when the vessel is operating free from
shallow water effect, and from the effects of wind, current, and tide, should 164.43 Automated Dependent Surveillance Shipborne Equipment
not exceed 5 percent of the speed of the vessel, or 0.5 knot, whichever is (a) Each vessel required to provide automated position reports to a
greater. Vessel Traffic Service (VTS) must do so by an installed Automated
(3) Errors in the indicated distance run, when the vessel is operating free Dependent Surveillance Shipborne Equipment (ADSSE) system consisting
from shallow water effect, and from the effects of wind, current, and tide, of a:
should not exceed 5 percent of the distance run of the vessel in one hour (1) Twelve-channel all-in-view Differential Global Positioning System
or 0.5 nautical mile in each hour, whichever is greater. (dGPS) receiver;
[CGD 83-004, 49 FR 43467, Oct. 29, 1984] (2) Marine band Non-Directional Beacon receiver capable of receiving
dGPS error correction messages;
164.41 Electronic position fixing devices. (3) VHF-FM transceiver capable of Digital Selective Calling (DSC) on
(a) Each vessel calling at a port in the continental United States, the designated DSC frequency; and
including Alaska south of Cape Prince of Wales, except each vessel owned (4) Control unit
or bareboat chartered and operated by the United States, or by a state or its (b) An ADSSE must have the following capabilities:
political subdivision, or by a foreign nation, and not engaged in commerce, (1) Use dGPS to sense the position of the vessel and determine the time
must have one of the following: of the position using Universal Coordinated Time (UTC);
(1) A Type I or II LORAN C receiver as defined in Section 1.2 (e), (2) Fully use the broadcast type 1, 2, 3, 5, 6, 7, 9, and 16 messages, as
meeting Part 2 (Minimum Performance Standards) of the Radio Technical specified in RTCM Recommended Standards for Differential NAVSTAR
Commission for Marine Services (RTCM) Paper 12-78/DO-100 dated GPS Service in determining the required information;
December 20, 1977, entitled "Minimum Performance Standards (MPS) (3) Achieve a position error which is less than ten meters (32.8 feet)
Marine Loran-C Receiving Equipment". Each receiver installed on or after 2 distance root mean square (2 drms) from the true North American
June 1, 1982, must have a label with the information required under Datum of 1983 (NAD 83) in the position information transmitted to a
paragraph (b) of this section. If the receiver is installed before June 1, VTS;
1982, the receiver must have the label with the information required under (4) Achieve a course error of less than 0.5 degrees from true course over
paragraph (b) by June 1, 1985. ground in the course information transmitted to a VTS;
(2) A satellite navigation receiver with: (5) Achieve a speed error of less than 0.05 knots from true speed over
(i) Automatic acquisition of satellite signals after initial operator settings ground in the speed information transmitted to a VTS;
have been entered; and (6) Receive and comply with commands broadcast from a VTS as DSC
(ii) Position updates derived from satellite information during each messages on the designated DSC frequency;
usable satellite pass. (7) Receive and comply with RTCM messages broadcast as minimum
(3) A system that is found by the Commandant to meet the intent of the shift keying modulated medium frequency signals in the marine
statements of availability, coverage, and accuracy for the U.S. Coastal radiobeacon band, and supply the messages to the dGPS receiver;
Confluence Zone (CCZ) contained in the U.S. "Federal Radionavigation (8) Transmit the vessel's position, tagged with the UTC at position
Plan" (Report No. DOD-NO 4650.4-P, I or No. DOT-TSC-RSPA-80-16, solution, course over ground, speed over ground, and Lloyd's identification
I). A person desiring a finding by the Commandant under this subparagraph number to a VTS;
must submit a written application describing the device to the Chief, (9) Display a visual alarm to indicate to shipboard personnel when a
Operations, 2100 Second Street SW., Washington, DC 20593-0001. After failure to receive or utilize the RTCM messages occurs;
reviewing the application, the Commandant may request additional (10) Display a separate visual alarm which is triggered by a VTS
information to establish whether or not the device meets the intent of the utilizing a DSC message to indicate to shipboard personnel that the U.S.
Federal Radionavigation Plan. Coast Guard dGPS system cannot provide the required error correction
Note: The Federal Radionavigation Plan is available Sons the National messages; and
Technical Information Service, Springfield, Va. 22161, with the following (11) Display two RTCM type 16 messages, one of which must display
Government Accession Numbers: the position error in the position error broadcast
Vol 1, ADA 116468 (c) An ADSSE is considered non-operational if it fails to meet the
Vol 2, ADA 116469 requirements of paragraph (b) of this section.
Vol 3, ADA 116470 Note: Vessel Traffic Service (VTS) areas and operating procedures are
Vol 4, ADA 116471 set forth in Part 161 of this chapter.
[CGD 90-020, 59 FR 36334, July 15, 1994]

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.

PAGE 10 33 CFR PART 164


337
M.E.T. PUBLICATION 515 — 5TH EDITION
(4) Magnetic Compass. Either— (iii) The charts or maps may be, instead of charts or maps required by
(i) An illuminated swing-meter or an illuminated car-type magnetic paragraphs (b) (1) (i) and (ii) of this section, currently corrected marine
steering compass readable from the vessel's main steering station, if the charts or maps, or applicable extracts, published by a foreign government
vessel engages in towing exclusively on Western Rivers; or These charts or maps, or applicable extracts, must contain information
(ii) An illuminated card-type magnetic steering compass readable from similar to that on the charts or maps required by paragraphs (b) (1) (i) and
the vessel's main steering station. (ii) of this section, be of large enough scale, and have enough detail to
(5) Echo Depth-Sounding Device. By August 2, 2001, an echo depth make safe navigation of the areas possible, and must be currently corrected.
sounding device readable from the vessel's main steering station, unless the (3) General publications. A currently corrected edition of, or an
vessel engages in towing exclusively on Western Rivers. applicable currently corrected extract from, each of the following
(6) Electronic Position-Fixing Device. An electronic position-fixing publications for the area to be transited:
device, either a LORAN-C receiver or a satellite navigational system such (i) If the vessel is engaged in towing exclusively on Western Rivers—
as the Global Positioning System (GPS) as required by §164.41, if the (A) U.S. Coast Guard Light List;
vessel engages in towing seaward of navigable waters of the U.S. or more (B) Applicable Notices to Navigation published by the ACOE, or Local
than three nautical miles from shore on the Great Lakes. Notices to Mariners (LNMs) published by the Coast Guard, for the area to
(b) Each towing vessel must carry on board and maintain the following: be transited, when available; and
(1) Charts or naps. Marine charts or maps of the areas to be transited, (C) River-current tables published by the ACOE or a river authority, if
published by the National Ocean Service (NOS), the ACOE, or a river available.
authority that satisfy the following requirements: (ii) If the vessel is engaged other than in towing exclusively on Western
(i) The charts or maps must be of a large enough scale and have enough Rivers—
detail to make safe navigation of the areas possible. (A) Coast Guard Light List;
(ii) The charts or maps must be either— (B) Notices to Mariners published by the Defense Mapping Agency, or
(A) Current editions or currently corrected editions, if the vessel engages LNMs published by the Coast Guard;
in towing exclusively on navigable waters of the U.S., including Western (C) Tidal-current tables published by the NOS, or river-current tables
Rivers; or published by the ACOE or a river authority:
(B) Currently corrected editions, if the vessel engages in towing seaward (D) Tide tables published by the NOS; and
of navigable waters of the U.S. or more than three nautical miles from (E) U.S. Coast Pilot
shore on the Great Lakes. (c) Table 164.72, following, summarizes the navigational-safety
equipment, charts or maps, and publications required for towing vessels of
12 meters or more in length:

Table 164.72.—Equipment, Charts or Maps, and Publications of Towing Vessels of 12 Meters or More in Length

Waters seaward of navigable waters


U.S. navigable waters other than
Western rivers and 3 NM or more from shore on the
Western rivers
Great Lakes
Marine Radar:
Towing vessels of RTCM Paper 71-95/SC112-STD Version RTCM Paper 71-95/SC112-STD Version RTCM Paper 71-95/SC112-STD Version
less than 300 GT 1.1, Display Category II1 Stabilization 1.1, Display Category II1 Stabilization 1.1, Display Category I2 Stabilization
Category BRAVO. Category BRAVO Category ALPHA.
Towing vessels of RTCM Paper 191-93/SC112-X Version RTCM Paper 191-93/SC112-X Version RTCM Paper 191-93/SC112-X Version
300 GT or more. 1.2.1 1.2.3 1.2.1
Searchlight ..... X ........................... X ........................... X………………….
VHF-FM radio X ........................... X ........................... X………………….
Magnetic compass X3 .......................... X ........................... X………………….
Swing-meter .... X3 ..........................
Echo depth- X ........................... X………………….
sounding device
Electronic position-
fixing device. X………………….
Charts or maps (1) Large enough scale ............ (1) Large enough scale ............ (1) Large enough scale.
(2) Current edition or currently corrected (2) Current edition or currently corrected (2) Currently corrected edition.
edition edition
General publications (1) U.S. Coast Guard Light List ...... (1) U.S. Coast Guard Light List ...... (1) U.S. Coast Guard Light List
(2) Notices to Navigation or Local Notice (2) Local Notices to Mariners ........ (2) Local Notices to Mariners.
to Mariners
(3) River-current Tables ........... (3) Tidal-current Tables ............ (3) Tidal-current Tables.
(4) Tide Tables ................. (4) Tide Tables.
(5) U.S. Coast Pilot .............. (5) U.S. Coast Pilot

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]

33 CFR PART 164 PAGE 11


338
M.E.T. PUBLICATION 515 — 5TH EDITION
164.74 Towline and terminal gear for towing astern. (a) (3) (iii) and (iv) of this section. Once this record lapses for three months
(a) Towline. The owner, master, or operator of each vessel towing astern or more, except when a vessel is laid up or out of service or has not
shall ensure that the strength of each towline is adequate for its intended deployed its towline, the owner, master, or operator shall retest the towline
service, considering at least the following factors: or remove it from service.
(1) The size and material of each towline must be— (b) Terminal gear. The owner, master, or operator of each vessel towing
(i) Appropriate for the horsepower or bollard pull of the vessel; astern shall ensure that the gear used to control, protect, and connect each
(ii) Appropriate for the static loads and dynamic loads expected during towline meets the following criteria:
the intended service; (1) The material and size of the terminal gear are appropriate for the
(iii) Appropriate for the sea conditions expected during the intended strength and anticipated loading of the towline and for the environment;
service; (2) Each connection is secured by at least one nut with at least one cotter
(iv) Appropriate for exposure to the marine environment and to any pin or other means of preventing its failure;
chemicals used or carried on board the vessel; (3) The lead of the towline is appropriate to prevent sharp bends in the
(v) Appropriate for the temperatures of normal stowage and service on towline from fairlead blocks, chocks, or tackle;
board the vessel; (4) There is provided a method, whether mechanical or non-mechanical,
(vi) Compatible with associated navigational-safety equipment; and that does not endanger operating personnel but that easily releases the
(vii) Appropriate for the likelihood of mechanical damage. towline;
(2) Each towline as rigged roust be— (5) The towline is protected from abrasion or chafing by chafing gear,
(i) Free of knots; lagging, or other means;
(ii) Spliced with a thimble, or have a poured socket at its end; and (6) Except on board a vessel towing in ice on Western Rivers or one
(iii) Free of wire clips except for temporary repair, for which the towline using a towline of synthetic or natural fiber, there is fitted a winch that
must have a thimble and either five wire clips or as many wire clips as the evenly spools and tightly winds the towline; and
manufacturer specifies for the nominal diameter and construction of the (7) If a winch is fitted, there is attached to the main drum a brake that
towline, whichever is more. has holding power appropriate for the horsepower or bollard pull of the
(3) The condition of each towline must be monitored through the— vessel and can be operated without power to the winch.
(i) Keeping on board the towing vessel or in company files of a record
[61 FR 35064, July 03, 1996]
of the towline's initial minimum breaking strength as determined by the
manufacturer, by a classification ("class") society authorized in 157.04 of
this chapter, or by a tensile test that meets API Specification 9A, 164.76 Towline and terminal gear for towing alongside and pushing
Specification for Wire Rope, Section 3; ASTM D4268-93, Standard Test ahead.
Method for Testing Fiber Ropes; or Cordage Institute CIA 3, Standard Test The owner, master, or operator of each vessel towing alongside or
Methods for Fiber Rope Including Standard Terminations; pushing ahead shall ensure that the face wires, spring lines, and push gear
(ii) If the towline is purchased from another owner, master, or operator used—
of a vessel with the intent to use it as a towline or if it is retested for any (a) Are appropriate for the vessel's horsepower;
(b) Are appropriate for the arrangement of the tow;
reason, keeping on board the towing vessel or in company files of a record
(c) Are frequently inspected; and
of each retest of the towline's minimum breaking strength as determined (d) Remain serviceable.
by a class society authorized in 157.04 of this chapter or by a tensile test [61 FR 35064, July 03, 1996]
that meets API Specification 9A, Section 3; ASTM D4268-93; or Cordage
Institute CIA 3, Standard Test Methods;
(iii) Conducting visual inspections of the towline in accordance with the 164.78 Navigation under way: Towing vessels.
(a) The owner, master, or operator of each vessel towing shall ensure
manufacturer's recommendations, or at least monthly, and whenever the
that each person directing and controlling the movement of the vessel—
serviceability of the towline is in doubt (the inspections being conducted
(1) Understands the arrangement of the tow and the effects of maneuver-
by the owner, master, or operator, or by a person on whom the owner,
ing on the vessel towing and on the vessel, barge, or object being towed;
master, or operator confers the responsibility to take corrective measures
(2) Can fix the position of the vessel using installed navigational
appropriate for the use of the towline);
equipment, aids to navigation, geographic reference-points, and
(iv) Evaluating the serviceability of the whole towline or any part of the
hydrographic contours;
towline, and removing the whole or part from service either as
(3) Does not fix the position of the vessel using buoys alone (Buoys
recommended by the manufacturer or a class society authorized in 157.04
are aids to navigation placed in approximate positions either to alert
of this chapter or in accordance with a replacement schedule developed by
mariners to hazards to navigation or to indicate the orientation of a
the owner, master, or operator that accounts for at least the—
channel. They may not maintain exact charted positions, because
(A) Nautical miles on, or time in service of, the towline;
(B) Operating conditions experienced by the towline; strong or varying currents, heavy seas, ice, and collisions with vessels
(C) History of loading of the towline; can move or sink them or set them adrift. Although they may corroborate a
(D) Surface condition, including corrosion and discoloration, of the position fixed by other means, they cannot fix a position; however, if no
towline; other aids are available, buoys alone may establish an
(E) Amount of visible damage to the towline; estimated position.);
(F) Amount of material deterioration indicated by measurements of (4) Evaluates the danger of each closing visual or radar contact;
diameter and, if applicable, measurements of lay extension of the towline; (5) Knows and applies the variation and deviation, where a magnetic
and compass is fitted and where charts or maps have enough detail to enable
(G) Point at which a tensile test proves the minimum breaking strength this type of correction;
of the towline inadequate by the standards of paragraph (a) (1) of this (6) Knows the speed and direction of the current, set, drift, and tidal
section, if necessary; and state for the area to be transited; and
(v) Keeping on board the towing vessel or in company files of a record (7) Proceeds at a speed prudent for the weather, visibility, traffic density,
of the material condition of the towline when inspected under paragraphs tow draft, possibility of wake damage, speed of the current, and local
speed-limits.

PAGE 12 33 CFR PART 164


339
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) The owner, master, or operator of each vessel towing shall ensure (3) Any characteristics of the vessel that affect or restrict the
that the tests and inspections required by §164.80 are conducted and that maneuverability of the vessel, such as arrangement of cargo, trim, loaded
the results are entered in the log or other record carried on board. condition, under-keel clearance, and speed.)
[61 FR 35064, July 03, 1996] (d) Deviation and. authorization. The owner, master, or operator of each
towing vessel unable to repair within 96 hours an inoperative marine radar
164.80 Tests and inspections. required by §164.72 (a) shall so notify the Captain of the Port (COTP) and
(a) The owner, master, or operator of each towing vessel of less than shall seek from the COTP both a deviation from the requirements of this
1, 600 GT shall ensure that the following tests and inspections of gear occur section and an authorization for continued operation in the area to be
before the vessel embarks on a voyage of more than 24 hours or when each transited. Failure of redundant navigational-safety equipment, including but
new master or operator assumes command: not limited to failure of one of two installed radars, where each satisfies
(1) Steering-systems. A test of the steering-gear-control system; a test of §164.72 (a), does not necessitate either a deviation or an authorization.
the main steering gear from the alternative power supply, if installed; a (1) The initial notice and request for a deviation and an authorization
verification of the rudder-angle indicator relative to the actual position of may be spoken, but the request must also be written. The written request
the rudder; and a visual inspection of the steering gear and its linkage. must explain why immediate repair is impracticable, and state when and by
(2) Navigational equipment. A test of all installed navigational equipment whom tile repair will be made.
(3) Communications. Operation of all internal vessel control (2) The COTP, upon receiving even a spoken request, may grant a
communications and vessel-control alarms, if installed. deviation and an authorization from any of the provisions of §§164.70
(4) Lights. Operation of all navigational lights and all searchlights. through 164.82 for a specified time if he or she decides that they would not
(5) Terminal gear. Visual inspection of tackle; of connections of bridle impair the safe navigation of the vessel under anticipated conditions.
and towing pendant, if applicable; of chafing gear; and of the winch brake, [61 FR 35064, July 03, 1996]
if installed.
(6) Propulsion systems. Visual inspection of the spaces for main
propulsion machinery, of machinery, and of devices for monitoring
machinery.
(b) The owner, master, or operator of each towing vessel of 1, 600 GT
or more shall ensure that the following tests of equipment occur at the
frequency required by §164.25 and that the following inspections of gear
occur before the vessel embarks on a voyage of more than 24 hours or
when each new master or operator assumes command:
(1) Navigational equipment Tests of onboard equipment as required by
§164.25.
(2) Terminal gear. Visual inspection of tackle; of connections of bridle
and towing pendant, if applicable; of chafing gear; and of the winch brake,
if installed.
[61 FR 35064, July 03, 1996]

164.82 Maintenance, failure, and reporting.


(a) Maintenance. The owner, master, or operator of each towing vessel
shall maintain operative the navigational-safety equipment required by
§164.72.
(b) Failure. If any of the navigational-safety equipment required by
§ 164.72 fails during a voyage, the owner, master, or operator of tile towing
vessel shall exercise due diligence to repair it at the earliest practicable
time. He or she shall enter its failure in the log or other record carried on
board. The failure of equipment, in itself, does not constitute a violation of
this rule; nor does it constitute unseaworthiness; nor does it obligate an
owner, master, or operator to moor or anchor the vessel. However, the
owner, master, or operator shall consider the state of the equipment-along
with such factors as weather, visibility, traffic, and the dictates of good
seamanship-in deciding whether it is safe for the vessel to proceed.
(c) Reporting. The owner, master, or operator of each towing vessel
whose equipment is inoperative or otherwise impaired while the vessel is
operating within a Vessel Traffic Service (VTS) Area shall report the fact
as required by 33 CFR 161.124. (33 CFR 161.124 requires that each user
of a VTS report to the Vessel Traffic Center as soon as practicable:
(1) Any absence or malfunction of vessel-operating equipment for
navigational safety, such as propulsion machinery, steering gear, radar,
gyrocompass, echo depth-sounding or other sounding device, automatic
dependent surveillance equipment, or navigational lighting;
(2) Any condition on board the vessel likely to impair navigation, such
as shortage of personnel or lack of current nautical charts or maps, or
publications; and

33 CFR PART 164 PAGE 13


340
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
Display, Navesink River, Red Bank, New Jersey.
CODE OF FEDERAL REGULATIONS 165.165 Kill Van Kull, New York and New Jersey—regulated naviga-
PART 165 - REGULATED NAVIGATION tion area.
AREAS AND LIMITED ACCESS AREAS
Fifth Coast Guard District
[MET Editorial Note: This page shows the entire Table of Contents for this 165.166 Safety Zone; Annual Burlington Independence Day Celebration
"Part." However, we reprinted only those subparts and sections of concern to foreign Fireworks Display, Burlington Bay, Vermont.
165.167 Safety Zone; Annual Rensselaer Festival Fireworks Display,
vessels. If you need additional information listed in this Table of Contents that does
Hudson River, New York.
not appear in the pages that follow, please write or fax us. We will be glad to furnish 165.170 Safety Zone, Heritage of Pride Fireworks Display, Hudson
this information for a small service charge] River, New York.
165.174 Safety Zone; Annual South Street Seaport New Year's Eve
TABLE OF CONTENTS Fireworks Display, East River, New York.
165.175 Safety Zone; Annual South Street Seaport Memorial Day
Fireworks Display, East River, New York
Subpart A—General 165.178 Safety Zone, Annual North Hempstead Memorial Day Fire-
165.1 Purpose of part works Display, Hempstead Harbor, New York.
165.5 Establishment procedures. 165.205 Ohio River at Cincinnati, OH; regulated navigation area.
165.7 Notification. 165.501 Chesapeake Bay entrance and Hampton Roads, Va. and
165.8 Geographic coordinates adjacent waters—regulated navigation area.
165.502 Cove Point, Chesapeake Bay, Maryland—safety zone
Subpart B—Regulated Navigation Areas 165.503 Chesapeake Bay ice navigation season.
165.10 Regulated navigation areas. 165.504 Newport News Shipbuilding and Dry Dock Company Shipyard,
165.11 Vessel operating requirements (regulations). James River, Newport News, Va.
165.13 General regulations. 165.510 Delaware Bay and River—regulated navigation area.
165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina.
Subpart C—Safety Zones 165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.
165.20 Safety zones.
165.23 General regulations. Seventh Coast Guard District
165.701 Vicinity, Kennedy Space Center, Merritt Island, Flori-
Subpart D—Security Zones da—security zone.
165.30 Security zones. 165.703 Tampa Bay, Florida—Safety Zone.
165.33 General regulations. 165.704 Tampa Bay, Florida, Safety Zone.
165.T070 Safety Zone: Savannah River, Savannah, Georgia.
Subpart E—Restricted Waterfront Areas 165.705 Port Canaveral Harbor, Cape Canaveral, Florida.
165.40 Restricted waterfront areas 165.709 Egmont Channel, Tampa Bay, FL—regulated navigation area.
165.713 Safety Zone, Ashley River, Charleston, South Carolina.
Subpart F—Specific Regulated Navigation Areas and Limited Access 165.714 Regulated Navigation Area, Atlantic Ocean, Charleston, SC
Areas 165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL
165.721 Safety Zone: St. Johns River, Jacksonville, FL
First Coast Guard District 165.722 Security Zone: St. Johns River, Jacksonville, Florida.
165.101 Kittery, Maine—regulated navigation area. 165.728 Jacksonville, Florida—safety zones.
165.102 Security Zone; Walkers Point, Kennebunkport ME. 165.729 Jacksonville Harbor, Florida—security zone.
165.103 Safety Zone. Portsmouth Harbor, Portsmouth, New 165.730 King's Bay, Georgia—Regulated navigation area.
165.110 Boston Harbor, Boston, Massachusetts. 165.731 Safety/Security Zone: Cumberland Sound, Georgia and SL
165.111 Safety Zone: Boston Harbor, Boston, Massachusetts Marys River Entrance Channel.
165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts 165.735 Brunswick, Georgia, Turtle River, Vicinity of Sydney Lanier
165.120 Safety zone: Chelsea River, Boston Inner Harbor, Boston, Bridge.
165.121 Safety Zone. Rhode Island Sound, Narragansett Bay, Provi- 165.752 Sparkman Channel, Tampa, Florida—regulated navigation area.
dence River 165.753 Regulated navigation area, Tampa Bay, Florida.
165.122 Providence River, Providence, R.I. regulated navigation area.
165.130 Sandy Hook Bay, New Jersey—security zone Eighth Coast Guard District
165.140 New London Harbor, Connecticut—security zone. 165.802 Lower Mississippi River vicinity of Old River Control Struc-
165.141 Safety Zone- Sunken vessel EMPIRE KNIGHT, Boon Island, ture—Safety Zone.
165.150 New Haven Harbor, Quinnipiac River, Mill River. 165.803 Mississippi River—regulated navigation area.
165.155 Northville Industries Offshore Platform, Riverhead, Long 165.804 Snake Island, Texas City, Texas; mooring and fleeting of
Island, New York—safety zone vessels—safety zone.
165.160 New York, New Jersey, Sandy Hook Channel, Raritan Bay, 165.805 Calcasieu Channel and Industrial Canal, Calcasieu River, Lake
Arthur Kill—safety zone Charles, LA.
165.161 Safety Zone; Annual "Fireworks on the Navesink" Fireworks 165.806 Sabine Neches Waterway, Texas—regulated navigation area.
165.807 Calcasieu River, Louisiana—regulated navigation area.
165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.
165.810 Mississippi River, LA—regulated navigation area.
165.811 Atchafalaya River, Berwick Bay, LA—regulated navigation

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M.E.T. PUBLICATION 515 — 5TH EDITION
Ninth Coast Guard District
165.815 Ohio River at Louisville, KY; regulated navigation area. Subpart A—General
165.817 Arkansas River, Mile 118.2 to 125.4, Little Rock Arkan- 165.1 Purpose of part.
sas—regulated navigation area. The purpose of this part is to:
165.819 Monongahela River, Mile 81.0 to 83.0—regulated navigation (a) Prescribe procedures for establishing different types of limited or
area. controlled access areas and regulated navigation areas;
165.901 Great Lakes—regulated navigation areas. (b) Prescribe general regulations for different types of limned or
165.902 Niagara River at Niagara Falls, New York—safety zone. controlled access areas and regulated navigation areas;
165.903 Safety Zones: Cuyahoga River and Old River, Cleveland, OH. (c) Prescribe specific requirements for established areas; and
165.904 Lake Michigan at Chicago Harbor & Burnham Park Har- (d) List specific areas and their boundaries.
bor—Safety and Security Zone.
165.905 USX Superfund Cite Safety Zones: St. Louis River. 165.5 Establishment procedures.
(a) A safety zone, security zone, or regulated navigation area may be
Eleventh Coast Guard District established on the initiative of any authorized Coast Guard official.
165.1101 Safety Zone: San Pedro Bay, CA.
(b) Any person may request that a safety zone, security zone, or regulated
165.1102 Security Zone: San Diego Bay, California.
navigation area be established. Except as provided in paragraph (c)
165.1103 Security Zone: San Diego Bay, California. of this section, each request must be submitted in writing to either the
165.1103 Safety Zone: Port of Los Angeles/Long Beach, CA.
Captain of the Port or District Commander having jurisdiction over the
165.1104 Security Zone: San Diego Bay, California.
location as described in Part 3 of this chapter, and include the following:
165.1105 Security Zone: San Diego Bay, California. (1) The name of the person submitting the request;
165.1106 Security Zone: San Diego Bay, California. (2) The location and boundaries of the safety zone, security zone, or
165.1107 San Diego Bay, California—safety zone. regulated navigation area;
165.1108 San Diego Bay, California. (3) The date, time, and duration that the safety zone, security zone, or
165.1109 San Pedro Bay, California—Regulated navigation area- regulated navigation area should be established;
165.1110 Safety Zone: Los Angeles Harbor—San Pedro Bay, CA (4) A description of the activities planned for the safety zone, security
165.1111 Security Zone: Wilson Cove, San Clemente Island, California. zone, or regulated navigation area;
165.1114 San Francisco Bay Region, California—regulated navigation (5) The nature of the restrictions or conditions desired; and
(6) The reason why the safety zone, security zone, or regulated
Thirteenth Coast Guard District navigation area is necessary.
165.1301 Puget Sound, and Adjacent Waters in Northwestern Washing- (Requests for safety zones, security zones, and regulated navigation areas
ton—Regulated Navigation Area. are approved by the Office of Management and Budget under control
165.1302 Bangor Naval Submarine Base, Bangor, WA. number 2115-0076, 2115-0219, and 2115-0087).
165.1303 Puget Sound and adjacent waters, WA—regulated navigation (c) Safety Zones and Security Zones. If, for good cause, the request for
area.
a safety zone or security zone is made less than 5 working days before the
165.1304 Bellingham Bay, Bellingham, WA
zone is to be established, the request may be made orally, but it must be
165.1305 Commencement Bay, Tacoma, WA.
followed by a written request within 24 hours.
165.1306 Lake Union, Seattle, WA.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR
165.1307 Elliott Bay, Seattle, WA.
35408, Aug. 4, 1983]
165.1308 Columbia River, Vancouver, WA.

Fourteenth Coast Guard District 165.7 Notification.


165.1401 Apra Harbor, Guam—safely zones. (a) The establishment of these limited access areas and regulated
165.1402 Apra Outer Harbor, Guam—regulated navigation area. navigation areas is considered rulemaking. The procedures used to notify
165.1403 Security Zone: Tinian, Commonwealth Northern Marianas persons of the establishment of these areas vary depending upon the
Islands. circumstances and emergency conditions. Notification may be made by
165.1404 Apra Harbor, Guam—security zone. marine broadcasts, local notice to mariners, local news media, distribution
165.1406 Safety Zone: Pacific Missile Range Facility (PMRF), Barking in leaflet form, and on-scene oral notice, as well as publication in the
Sands, Island of Kauai, Hawaii. Federal Register.
(b) Notification normally contains the physical boundaries of the area,
Seventeenth Coast Guard District the reasons for the rule, its estimated duration, and the method of obtaining
165.1701 Port Valdez, Valdez, Alaska—safety zone. authorization to enter the area, if applicable, and special navigational rules,
165.1702 Gastineau Channel, Juneau, Alaska—safety zone. if applicable.
165.1703 Ammunition Island, Port Valdez, Alaska, (c) Notification of the termination of the rule is usually made in the same
165.1704 Prince William Sound, Alaska—regulated navigation area. form as the notification of its establishment
165.1705 Ketchikan Harbor, Ketchikan, Alaska—safety zone.
165.1706 Gastineau Channel, Juneau, Alaska—Safety Zone. 165.8 Geographic coordinates.
165.1707 Crescent Harbor, Sitka, Alaska—Safety Zone. Geographic coordinates expressed in terms of latitude or longitude, or
165.1708 Tongass Narrows, Ketchikan, Alaska—Safety Zone both, are not intended for plotting on maps or charts whose referenced
horizontal datum is the North American Datum of 1983 (NAD 83), unless
AUTHORITY: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-l (g), 6.04-1, such geographic coordinates are expressly labeled NAD 83. Geographic
6.04-6 and 160.5; 49 CFR 1.46. coordinates without the NAD 83 reference may be plotted on maps or
SOURCE: CGD 79-034, 47 FR 29660, July 8, 1982, unless otherwise charts referenced to NAD 83 only after application of the appropriate
corrections that are published on the particular map or chart being used.
[CGD 86-082, 52 FR 33811, Sept. 8, 1987]

33 CFR PART 165


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M.E.T. PUBLICATION 515 — 5TH EDITION
(3) Ports, and
Subpart B—Regulated Navigation Areas (4) Waterfront facilities:
in the United States and all territory and water, continental or insular, that
165.10 Regulated navigation areas. is subject to the jurisdiction of the United States.
A regulated navigation area is a water area within a defined boundary for
which regulations for vessels navigating within the area have been 165.33 General regulations.
established under this part. Unless otherwise provided in the special regulations in Subpart F of this
part
165.11 Vessel operating requirements (regulations). (a) No person or vessel may enter or remain in a security zone without
Each District Commander may control vessel traffic in an area which is the permission of the Captain of the Port;
determined to have hazardous conditions, by issuing regulations: (b) Each person and vessel in a security zone shall obey any direction or
(a) Specifying times of vessel entry, movement, or departure to, from, order of the Captain of the Port;
within, or through ports, harbors, or other waters; (c) The Captain of the Port may take possession and control of any vessel
(b) Establishing vessel size, speed, draft limitations, and operating in the security zone;
conditions; and (d) The Captain of the Port may remove any person, vessel, article, or
(c) Restricting vessel operation, in a hazardous area or under hazardous thing from a security zone;
conditions, to vessels which have particular operating characteristics or (e) No person may board, or take or place any article or tiling on board,
capabilities which are considered necessary for safe operation under the any vessel in a security zone without the permission of the Captain of the
circumstances. Port; and
[CGD 79-026, 48 FR 35408, Aug. 4, 1983] (f) No person may take or place any article or thing upon any waterfront
facility in a security zone without the permission of the Captain of the Port.
165.13 General regulations. Subpart E—Restricted Waterfront Areas
(a) The master of a vessel in a regulated navigation area shall operate the
vessel in accordance with the regulations contained in Subpart F.
(b) No person may cause or authorize the operation of a vessel in a 165.40 Restricted waterfront areas.
regulated navigation area contrary to the regulations in this part. The Commandant, may direct the COTP to prevent access to waterfront
facilities, and port and harbor areas, including vessels and harbor craft
Subpart C—Safety Zones therein. This section may apply to persons who do not possess the
credentials outlined in § 125.09 of this chapter when certain shipping
activities are conducted that are outlined in §125.15 of this chapter.
165.20 Safety zones.
A Safety Zone is a water area, shore area, or water and shore area to Subpart F—Specific Regulated Navigation Areas
which, for safety or environmental purposes, access is limited to authorized
and Limited Access Areas
persons, vehicles, or vessels. It may be stationary and described by fixed
limits or it may be described as a zone around a vessel in motion. First Coast Guard District

165.23 General regulations. 165.101 Kittery, Maine—regulated navigation area.


Unless otherwise provided in this part (a) The following is a regulated navigation area—Waters within the
(a) No person may enter a safety zone unless authorized by the COT? boundaries of a line beginning at 43°04'50"N, 70°44'52"W; then to
or the District Commander, 43°04'52"N, 70°44'53"W; then to 43°04'59"N, 70°44'46"W; then to
(b) No person may bring or cause to be brought into a safety zone any 43°05'05"N, 70°44'32"W; then to 43°05'03"N, 70°44'30"W; then to the
vehicle, vessel, or object unless authorized by the COTP or the District beginning point
Commander; (b) Regulations—No vessel may operate in this area at a speed in excess
(c) No person may remain in a safety zone or allow any vehicle, vessel, of five miles per hour.
or object to remain in a safety zone unless authorized by the COTP or the
District Commander, and
165.102 Security Zone; Walkers Point, Kennebunkport ME.
(d) Each person in a safety zone who has notice of a lawful order or (a) Location. The following area is a security zone: From point of land
direction shall obey the order or direction of the COTP or District located on Cape Arundel at latitude 43° 20.4' Norm, longitude 070° 28.0'
Commander issued to carry out the purposes of this subpart West; thence to a point approximately 500 yards southwest of Walkers
Subpart D—Security Zones Point located at latitude 43° 20.2' North, longitude 070° 27.9' West; thence
to a point located approximately 500 yards south of Walkers Point at
latitude 43° 20.1' North, longitude 070° 27.6' West; thence to a point
165.30 Security zones. located approximately southeast of Walkers Point at latitude 43° 20.4'
(a) A security zone is an area of land, water, or land and water which is North, longitude 070° 27.2' West; thence to an unnamed point of land
so designated by the Captain of the Port or District Commander for such located at 43° 20.9' North, longitude 070° 27.1' West; thence along the
time as is necessary to prevent damage or injury to any vessel or waterfront shoreline of Walkers Point to the beginning point The aforementioned
facility, to safeguard ports, harbors, territories, or waters of the United offshore positions are approximated by white buoys marked in orange
States or to secure the observance of the rights and obligations of the indicating an exclusionary area.
United States. (b) Regulations.
(b) The purpose of a security zone is to safeguard from destruction, loss, (1) In accordance with the general regulations in §165.33 of this part,
or injury from sabotage or other subversive acts, accidents, or other causes entry into this zone is prohibited unless authorized by the Captain of the
of a similar nature: Port, Portland, Maine. Section 165 33 also contained other general
(1) Vessels, requirements.
(2) Harbors,

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343
M.E.T. PUBLICATION 515 — 5TH EDITION
(2) No person may swim upon or below the surface of the water within (3) Around the U.S.S. Constitution—fifty yards in all directions in the
the boundaries of this security zone. waters around Constitution when the vessel is moored at any Boston
[CGDI 89-008, 54 FR 13883, Apr. 6, 1989] berthing location other than Pier 1, Charlestown Navy Yard.
(b) The general regulations governing safety zones as contained in 33
165.103 Safety Zone: Portsmouth Harbor, Portsmouth, New CFR 165.23 apply.
Hampshire. [CGD1 91-109, 57 FR 30407, July 9, 1992]
(a) The following areas are established as safety zones during the
specified conditions: 165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.
(1) For all inbound tank vessels carrying Liquified Petroleum Gas (LPG), (a) Location. The following area is a safety zone:
the waters bounded by the limits of the Piscataqua River Channel and Around the USS CASSIN YOUNG (DD-793) and any accompanying
extending 1000 yards ahead and 500 yards astern of an LPG tanker while parade vessels when the USS CASSIN YOUNG is underway. The zone
the vessel transits Bigelow Bight, Portsmouth Harbor and the Piscataqua extends 100 yards in all directions in the waters around the USS CASSIN
River to the LPG receiving facility at Newington, New Hampshire. This YOUNG and accompanying parade vessels whenever the USS CASSIN
safety zone remains in effect until the LPG carrier is safely moored at the YOUNG is underway in Boston Harbor from the time the USS CASSIN
LPG receiving facility on the Piscataqua River. YOUNG departs its berth until it is safely moored.
(2) For all outbound tank vessels carrying LPG, the waters bounded by (b) Regulations. The general regulations governing safety zones as
the limits of the Piscataqua River Channel and extending 1000 yards ahead contained in 33 CFR 165.23 apply.
and 500 yards astern of an LPG tanker while the vessel departs the LPG [CGD01-33-001, 58 FR 47331, Sept. 14, 1993]
facility and transits the Piscataqua River, Portsmouth Harbor and Bigelow
Bight This safety zone remains in effect until the LPG carrier passes 165.120 Safety zone: Chelsea River, Boston Inner Harbor, Boston, MA.
Gunboat Shoal Lighted Bell Buoy "1" (LLNR 185) located in Bigelow (a) Location. The following area is a safety zone: The waters of the
Bight Chelsea River, Boston Inner Harbor, for 100 yards upstream and
(b) The general regulations governing safety zones contained in 33 CFR downstream of the center of the Chelsea Street Draw span (in the
165.23 apply. approximate position of Latitude 42°33'10" North, Longitude 71°01'23"
(c) The Captain of the Port will notify the maritime community and local West).
agencies of periods during which this safety zone will be in effect by (b) Regulation.. The following standards are the minimum requirements
providing advance notice of scheduled arrivals and departures of LPG for transit of the Safety Zone. Additional precautions may be taken by the
vessels via the telephone and/or Marine Safety Information Radio pilot and/or person in charge (Master or Operator).
Broadcasts. (1) All tankships greater than 1, 000 Gross Tons shall be under the
[CGD 188-106, 54 FR 20572, May 12, 1989] direction and control of the Licensed Federal Pilot This does not relieve
persons in charge (Masters or Operators) from their ultimate responsibility
165.110 Boston Harbor, Boston, Massachusetts. for the safe navigation of vessels.
(a) The following areas are established as safety zones during the (2) All vessel (s) speed shall be kept to a minimum considering all
specified conditions: factors and the need for optimum vessel control.
(1) The waters bounded by the limits of the Boston Main Ship Channel (3) Restrictions on size and draft of vessels:
and extending two miles ahead and one mile astern of a loaded Liquified (i) No vessel greater than 661 feet in length (using length overall) or
Natural Gas Tank vessel while the vessel transits the Boston North Channel greater than 90.5 feet in beam (using extreme breadth) shall transit the
and Boston Harbor. The safety Zone remains in effect until the LNG vessel Safety Zone.
is alongside the DISTRIGAS waterfront facility in the Mystic River. Lat (ii) No vessel greater than 630.5 feet in length or 85.5 feet or greater in
42°233'N., Long. 71°03.7'W. beam shall transit the Safety Zone during the period between sunset and
(2) The waters and land area within 150' of a Liquified Natural Gas sunrise.
Tank vessel when the vessel is alongside the DISTRIGAS waterfront (iii) No tankship greater than 550.5 feet in length shall transit the Safety
facility, Everett, MA. Lat 42°233'N., Long. 71°03.7'W. This Safety Zone Zone, either inbound or outbound, with a draft less than 18.0 feet forward
remains in effect while the LNG vessel remains in a loaded condition or is and 24.0 feet aft.
transferring liquified natural gas. (4) Restrictions when the Chelsea River channel is obstructed by
(b) The general regulations governing safety zones as contained in 33 vessel (s) moored at the Northeast Petroleum Terminal located downstream
CFR 165.20 apply. of the Chelsea Street Bridge on the Chelsea, MA side of the
[CGD1-83-4R, 43 FR 13813, May 10, 1984] Chelsea River—hereafter referred to as the Jenny Dock (approximate
position 42°23'09" North, 71°01'31" West)—or the Mobile Oil Terminal
165.111 Safety Zone: Boston Harbor, Boston, Massachusetts. located on the East Boston Side of the Chelsea River downstream of the
(a) The following areas are established as safety zones during the Chelsea Street Bridge (approximate position 42°23'05"
conditions specified: North, 71°01'31" West):
(1) Around the U.S.S. Constitution or any accompanying parade vessels (i) When mere is a vessel moored at each terminal, no vessel greater than
when Constitution is under way—300 yards in all directions in the waters 300.5 feet in length or greater than 60.5 feet in beam, shall transit the
around the U.S.S. Constitution and each parade vessel accompanying safety zone.
Constitution whenever the U.S.S. Constitution is underway in Boston (ii) When a vessel with a beam greater than 60.5 feet is moored at either
Harbor from the time such vessels depart their respective berths until the terminal, no vessel greater than 630.5 feet in length or greater than 85.5
time they complete their transit and are safely moored. feet in beam shall transit the Safety Zone.
(2) Whenever Constitution is moored at Pier 1, Charlestown Navy (iii) When a vessel with a beam greater than 85.5 feet is moored at either
Yard—the waters between Hoosac Pier and Pier 1, Charlestown Navy terminal, no vessel greater than 550.5 feet in length or greater than 85.5
Yard, from the imaginary line connecting the outer easternmost point feet in beam shall transit the Safety Zone.
protruding into Boston Harbor from Hoosac Pier to the outer westernmost (5) Requirements for tug assistance:
(i) All tankships greater than 630.5 feet in length or greater than 85.5
point protruding into Boston Harbor from Pier 1, Charlestown Navy Yard,
feet in beam shall be assisted by at least four tugs of adequate horsepower.
extending inbound along the face of born piers to the landside points where
both piers end.

33 CFR PART 165


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M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) All tankships from 450 feet in length up to and including 630.5 feet of visibility to transit the regulated area between Conimicut Light (LLNR
in length and less than 85.5 feet in beam shall be assisted by at least three 18305) and Channel Light 42 (LLNR 18580, Fuller Rock Light).
tugs of adequate horsepower. (3) Vessels over 65 feet in length are prohibited from passing, meeting,
(iii) All tug/barge combinations with a tonnage of over 10, 000 Gross or overtaking other vessels over 65 feet in length in the regulated area
Tons (for the barge (s), in all conditions of draft, shall be assisted by at least from:
one tug of adequate horsepower. (i) Gaspee Point to Channel Light 42, (Fuller Rock Light, LLNR 18580).
(6) U.S. Certificated integrated tug/barge (TIB) combinations shall meet (ii) Conimicut Point Reach (Conimicut Light, LLNR 18305) to Channel
the requirements of a tankship of similar length and beam except that one Lighted Buoy 19, 41°43.7'N Latitude, 71°21.8'W Longitude, (LLNR
less assist tug would be required. 18330) and Channel Lighted Buoy 20, 41°43.7'N Latitude, 71°21.8'W
(7) Variances from the above standard must be approved in advance by Longitude, (LLNR 18335).
(4) Vessels over 65 feet in length inbound for berths up the Providence
the Captain of the Port of Boston, MA.
River, planning to transit through the deep draft channel, are required to
[CCGD1-85-4R,, 51 FR 10835, Mar. 31, 1986; 51 FR 23415, June 27, 1986]
make Safety Signal (SECURITE) calls on both VHF channels 13 and 16
at the following geographic locations: Pilot's Station, Abeam of Castle Hill,
165.121 Safety Zone: Rhode Island Sound, Narragansett Bay, Approaching the Newport bridge. South of Prudence Island, Abeam of
Providence River. Sandy Point, Abeam of Popasquash Point, Approaching the Southern End
(a) Location. The following areas are established as safety zones: of Rumstick Neck Reach, Abeam of Conimicut Point Light (LLNR 18305),
(1) For Liquefied Petroleum Gas (LPG) vessels while at anchor in the
Abeam of Gaspee Point, Abeam of Sabin Point and upon mooring.
waters of Rhode Island Sound; in position Latitude 41°25TM., Longitude
(5) Vessels over 65 feet in length outbound for sea down the Providence
71°23'W., a Safely Zone with a radius of one-half mile around the LPG
River Channel transiting through this regulated navigation area are required
vessel.
to make SECURITE calls on VHF channels 13 and 16 at the following
(2) For Liquefied Petroleum Gas (LPG) vessels while transitting
geographic locations: one-half hour prior to departure from the berth, at
Narragansett Bay and the Providence River; a moving Safety Zone from a
departure from the berth. Abeam of Sabin Point, Abeam of Gaspee Point,
distance of two (2) miles ahead to one (1) mile astern to the limits of the
and Abeam of Conimicut Light (LLNR 18305).
navigable channel around the LPG vessel.
(6) Vessels 65 feet and under in length and all recreational vessels when
(3) For Liquefied Petroleum Gas (LPG) vessels while moored at the LPG
meeting deep draft commercial vessel traffic in the Providence River
facility. Port of Providence; a safety zone within 50 feet around the vessel.
Channel between Conimicut Light (LLNR 18305) and Channel Light 42
No vessel shall moor within 200 feet from the LPG vessel. All vessels
(LLNR 18580, Fuller Rock Light) shall keep out of the way of the
transiting the area are to proceed with caution to minimize the effects of
oncoming deep draft commercial vessel.
wake around the LPG vessel.
(7) The Captain of the Port, Providence, may authorize a deviation from
(4) For Liquefied Petroleum Gas (LPG) vessels while moored with
these regulations.
manifolds connected at the LPG Facility, Port of Providence; a Safety Zone
(c) Enforcement. Violations of this regulated navigation area should be
within a 100 foot radius around the shoreside manifold while connected.
reported to the Captain of the Port, Providence, at (401) 435-2300. Persons
This is in addition to the requirements for LPG vessels while moored at the
in violation of these regulations will be subject to civil penalty under
LPG Facility, Port of Providence.
§165.13 (b) of this part.
(b) The Captain of the Port Providence will notify the maritime
[CGD01-93-030, 59 FR 18489, Apr. 19, 1994]
community of periods during which this safety zone will be in effect by
providing advance notice of scheduled arrivals and departures of LPG
vessels via Marine Safety Information Radio Broadcast on VHP Marine 165.130 Sandy Hook Bay, New Jersey—security zone.
Band Radio, Channel 22 (157.1 MHz). (a) Naval Ammunition Depot Piers. The waters within the following
(c) Regulations. The general regulations governing safety zones boundaries are a security zone—A line beginning on the shore at
contained in §165.23 apply. 40°25'57"N, 74°04'32"W; then to 40°27'52.5"N, 74°03'14.5"W; then to
[CGD1-88-010, 53 FR 31858, Aug. 22, 1988, as amended by CGD01-92-004, 53 40°27'28.3"N, 74°02'12.4"W; then to 40°26'29.2"N, 74°02'53"W; then to
40°26'31.1"N, 74°02'57.2"W; then to 40°25'273"N, 74°03'41"W; then
FR 52425, Oct. 18, 1994]
along the shoreline to the beginning point
(b) Terminal Channel. The waters within the following boundaries are
165.122 Providence River, Providence, RI—regulated navigation area. a security zone—A line beginning at 40°27'41.2"N, 74°02'46"W; then to
(a) Description of the regulated navigation area (RNA). The Regulated 40°28'27"N, 74°02'17.2"W; then to 40°28'21.1"N, 74°02'00"W; then to
Navigation Area (RNA) encompasses the deep draft channel between 40°28'07.8"N, 74°02'22''W; then to 40°27'39.8"N, 74°02'41.4"W; then to
Narragansett Bay Entrance Lighted Horn Buoy NB (LLNR 17675) to the beginning.
41°23.0'N Latitude, 71°23.4'W Longitude, and Fox Point, Providence. (c) The following rules apply to the security zone established in
(b) Regulations. paragraph (b) of this section (Terminal Channel) instead of the rule in
(1) The following restrictions apply in the portion of the regulated area §165.33 (a):
between Conimicut Light (LLNR 18305) and Channel Light 42 (Fuller (1) No vessel shall anchor, stop, remain or drift without power at
Rock Light, (LLNR 18580)). anytime in the security zone.
(i) No vessel with a draft greater than 35 feet may transit when water (2) No vessel shall enter, cross, or otherwise navigate in the security
depth is at or below mean low water. zone when a public vessel, or any other vessel, that cannot safely navigate
(ii) Vessels with drafts greater than 35 feet but less than 38 feet may outside the Terminal Channel, is approaching or leaving the Naval
transit when water depth is other than that on or below mean low water, Ammunition Depot Piers at Leonardo, New Jersey.
provided mere is sufficient depth under the keel to prevent grounding. (3) Vessels may enter or cross the security zone, except as provided in
(iii) Vessels with drafts greater than or equal to 38 feet must obtain paragraph (c) (2) of this section.
permission, 48 hours in advance of the desired transit time, from the (4) No person may swim in the security zone.
Captain of the Port, Providence to transit [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
(2) Vessels with drafts greater than 35 feet must have at least one mile
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]

33 CFR PART 165


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M.E.T. PUBLICATION 515 — 5TH EDITION
165.140 New London Harbor, Connecticut—security zone. 165.150 New Haven Harbor, Quinnipiac River, Mill River.
(a) Security zones: (a) The following is a regulated navigation area: The waters surrounding
(1) Security zone A. The waters of the Thames River off State Pier the Tomlinson Bridge located within a line extending from a point A at the
enclosed by a line beginning at the midpoint of the southeast face of southeast comer of the Wyatt terminal dock at 41°17'50"N, 72°54'36"W
State Pier; then to 41°21'24"N, 72°05'21.2"W; then to 41°21'26.2"N, thence along a line 126°T to point B at the southwest comer of the Gulf
72°05'19.3"W; then to 41°21'34"N, 72°05'18.1"W; then extending facility at 41°17'42"N, 72°54'21"W thence north along the shoreline to
northwest through buoy C15 to the shoreline at 41°21'43.5"N, point C at the northwest comer of the Texaco terminal dock 41°17'57"N,
72°05'23"W; then along the shoreline and pier to the point of 72°54'06"W thence along a line 303°T to point D at the west bank of the
beginning. mouth of the Mill River 41°18'05"N, 72°54'23"W thence south along the
(2) Security zone B. The waters of the Thames River west of the Electric shoreline to point A.
Boat Division Shipyard enclosed by a line beginning at a point on the (b) Regulations.
shoreline at 41°20'22.1"N, 72°04'52.8"W; then west to 41°20'28.7"N, (1) No person may operate a vessel or tow a barge in this Regulated
72°05'03.5"W; then to 41°20'53.3"N, 72°05'6.6"W; then to 41°21'03"N, Navigation Area in violation of these regulations.
72°05'06.7"W; then due east to a point on the shoreline at 41°21'03"N, (2) Applicability. The regulations apply to barges with a freeboard
72''05'00"W; then along the shoreline to the point of beginning. greater than ten feet and to any vessel towing or pushing these barges on
(3) Security zone C. The waters of the Thames River, west of the outbound transits of the Tomlinson Bridge.
Naval Submarine Base, New London, CT, enclosed by a line beginning (3) Regulated barges may not transit the bridge—
at a point on the shoreline at 41°23'15.8"N., 72°05'17.9"W.; then to (i) During the period from one hour to five hours after high water slack,
41"23'15.8"N., 72°05'22"W.; then to 41°23'25.9"N., 72°05'29.9"W.; (ii) When the wind speed at the bridge is greater than twenty knots, and
then to 41°23'33.8"N., 72°05'34.7"W.; then to 41°23'37.0"N., (iii) With the barge being towed on a hawser, stem first
72°05'38.0"W.; then to 41°23'41.0"N., 72°05'40.3"W.; then to (4) Regulated barges with a beam greater than fifty feet must be pushed
41°23'47.2"N., 72°05'42.3"W.; then to 41°23'53.8"N., 72°05'43.7"W.; ahead through the bridge.
then to 41°23'59.8"N., 72°05'43.0"W.; then to 41°24'12.4"N., (5) If the tug operator does not have a clear view over the barge when
72°05'43.2"W.; then to a point on the shoreline at 41°24'14.4"N., pushing ahead, the operator shall post a lockout on the barge with a means
72°05'38"W.; then along the shoreline to the point of beginning. of communication with the operator.
(4) Security zone D. The waters of the Thames River east of the Naval (6) Regulated barges departing the Mill River may transit the bridge only
Underwater Systems Center, New London, enclosed by a line beginning at between sunrise and sunset Barges must be pushed ahead of the tug, bow
41°20"36.0"N, 72°05'34.1"W; then to 41°20"36.0"N, 72°05'20"W; then to first, with a second tug standing by to assist at the bow.
41°20'41"N, 72°05'20"W; then to 41°20'43.7"N, 72°05'25.9"W; then to (7) Nothing in this section is intended to relieve any person from
41°20'41.6"N, 72°05'35.0"W; then along the shoreline to the points of complying with:
beginning. (i) Applicable Navigation and Pilot Rules for Inland Waters;
(b) Special regulation. Section 16533 does not apply to public vessels (ii) Any other laws or regulations;
when operating in Security Zones A or B, or to vessels owned by, under (iii) Any order or direction of the Captain of the Port.
hire to, or performing work for the Electric Boat Division when operating (8) The Captain of the Port, New Haven, may issue an authorization to
in Security Zone B. deviate from any rule in this section if the COTP finds that an alternate
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by COTP 83-01, 48 FR operation can be done safely.
33264, July 21, 1983; CGD3-83-29, 48 FR 51622, Nov. 10, 1983; CGD3-84-26, 49 [CGD 79-034, 47 FR 29660, July 8. 1982, as amended by CGD 80-069, 47 FR
FR 40405, Oct. 16, 1984; CGD3-86-56, 52 FR 17296, May 7, 1987; Redesigned 53368, Nov. 26, 1982; Redesignated by CGD 87-0086, 52 FR 25218, July 6,
by CGD 87-008b, 52 FR 25218, July 6, 1987; CDG3 86-56, 52 FR 44107, Nov. 18, 1987]
1987]
165.155 Northville Industries Offshore Platform, Riverhead, Long
Island, New York—safety zone.
165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island,
(a) The following area is established as a safety zone during the specified
ME.
condition:
(a) Location. The following area is a safety zone: All waters of the
(1) The waters within a 500 yard radius of the Northville Industries
Atlantic Ocean within a 1, 000 yard radius of the stern section of the
Offshore Platform, Long Island, New York, 1 mile North of the Riverhead
sunken vessel EMPIRE KNIGHT, in approximate position 43°06' 19"N,
shoreline at 41°00"N, 072°38"W, while a Liquefied Petroleum Gas (LPG)
70°27'09"W, (NAD 1983) and extending from the water's surface to
vessel is moored at the Offshore Platform. The safety zone remains in
the seabed floor.
effect until the LPG vessel departs the Offshore Platform.
(b) Effective date. This section is effective on August 23, 1996, twenty-
(b) The general regulations governing safety zone contained in 33 CFR
four hours a day, seven days a week.
165.23 apply.
(c) Regulations.
(c) The Captain of the Port will notify the maritime community of
(1) The general regulations contained in 33 CFR 165.23 apply.
(2) All vessels and persons are prohibited from anchoring, diving, periods during which this safety zone will be in effect by providing
dredging, dumping, fishing, trawling, laying cable, or conducting salvage notice of scheduled moorings at the Northville Industries Offshore
operations in this zone except as authorized by the Coast Guard Captain of Platform of LPG vessels via Marine Safety Information Radio
the Port, Portland, Maine. Innocent transit through the area within the Broadcast.
safety zone is not affected by this regulation and does not require the [CGD3 85-86, 51 FR 37181, Oct. 20, 1986, Redesignated by CGD 87-008b, 52
authorization of the Captain of the Port. FR 25218, July 6, 1987]
(3) All persons and vessels shall comply with the instructions of the
COTP or the designated on scene patrol personnel U.S. Coast Guard patrol 165.160 New York, New Jersey, Sandy Hook Channel, Raritan Bay,
personnel include commissioned, warrant, and petty officers of the Coast Arthur Kill—safety zone.
Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, (a) The following areas are established as safety zones during the
flashing light, or other means, the operator of a vessel shall proceed as specified conditions:
directed.
[61 FR 60030, Nov. 26, 1996]

33 CFR PART 165 PAGE 6


346
M.E.T. PUBLICATION 515 — 5TH EDITION
(1) For incoming tank vessels loaded with Liquefied Petroleum Gas, the
waters within a 100 yard radius of the LPG carrier while the vessel transits Latitude Longitude
the Sandy Hook Channel, Raritan Bay East and West Reach, Ward Point
Bend East and West Reach, and the Arthur Kill to the LPG receiving 40°39'06.6"N 074°04'40.6"W
facility. The Safety Zone remains in effect until the LPG vessel is moored 40°39'05.2"N 074°04'26.0"W
at the LPG receiving facility in the Arthur Kill. 40°39'07.8"N 074°04'25.0"W
(2) For outgoing tank vessels loaded with LPG, the waters within a 100 40°39'05.8"N 074°04'16.0"W
yard radius of the LPG carrier while the vessel departs the LPG facility and 40°38'58.7"N 074°04'18.2"W
transits the Arthur Kill, Ward Point Bend West and East Reach, Raritan 40°39'03.0"N 074°04'31.0"W
Bay West and East Reach, and Sandy Hook Channel. The safety zone 40°39'03.2"N 074°04'41.0"W
remains in effect until the LPG vessel passes the Scotland Lighted Horn
Buoy "S" (LLNR 1619) at the entrance to the Sandy Hook Channel. and thence to the point of the beginning.
(b) The general regulations governing safety zones contained in 33 CFR (2) Phase II—
165.23 apply. (i) Bergen Point West Reach. The waters bounded by a line connecting
(c) The Captain of the Port will notify the maritime community of the following points:
periods during which this safety zone will be in effect by providing
advance notice of scheduled arrivals and departures of loaded LPG vessels
via a Marine Safety Information Radio Broadcast Latitude Longitude
[CGD3 84-08, 49 FR 25447, June 21, 1984, Redesignated by CGD 87-008b, 52
FR 25218, July 6, 1987] 40°38'33.6"N 074°08'43.0"W
40°38'36.4"N 074°08'26.1"W
40°38'31.9"N 074°08'24.8"W
40°38'29.3"N 074°08'41.8"W

and thence to the point of the beginning.


165.165 Kill Van Kull, New York and New Jersey—regulated (ii) Constable Hook Reach. The waters bounded by a line connecting the
navigation area. following points:
(a) Description of the regulated navigation area (RNA).
(1) The RNA encompasses all of the water in or adjacent to the Kill Van
Kull (KVK) east of the KVK Light 16A (LLNR34585) in Norm of Latitude Longitude
Shooters Island Reach, east of Shooters Island Light 2 (LLNR 34620) in
South of Shooters Island Reach, south of Newark Bay Channel Buoy 3 40°39'05.8"N 074°05'09.4"W
(LLNR 34650) in Newark Bay South Reach, south of South Entrance 40°39'09.8"N 074°04'54.0"W
Lighted Buoy 5 (LLNR 34285) in the New Jersey Pierhead Channel, and 40°39'09.7"N 074°04'51.3"W
west of KVK Channel Junction Lighted Bell Buoy "KV (LLNR 34505) 40°39'063"N 074°04'44.0'W
in Constable Hook Reach. This area is being established due to a dredging 40°39'03.4"N 074°04'44.0"W
project being undertaken jointly by the U. S. Army Corps of Engineers and 40°39'04.1"N 074°05'09.4"W
the Port Authority of New York and New Jersey.
(b) Description of Work Areas in the RNA.— and thence to the point of beginning, and the waters bounded by a line
(1) Phase I— connecting the following points:
(i) Bergen Point West Reach. The waters bounded by a line connecting
the following points:
Latitude Longitude
Latitude Longitude
40°39'06.6"N 074°04'40.6"W
40°39'05.2"N 074°04'26.0"W
40°38'36.4"N 074°08'26.1"W
40°38'40.2"N 074°08'02.4"W 40°39'07.8"N 074°04'25.0"W
40°38'39.8"N 074°07'56.2"W 40°39'05.8"N 074°04'16.0"W
40°38'35.2"N 074°07'57.0"W 40°38'58.7"N 074°04'18.2"W
40°38'35.7"N 074°08'02.5"W 40°39'03.0"N 074°04'31.0"W
40°38'31.9"N 074°08'24.8"W 40°39'03.2"N 074°04'41.0"W

and thence to the point of the beginning.


and thence to the point of beginning. (3) Phase III—
(ii) Constable Hook Reach. The waters bounded by a line connecting the (i) Bergen Point West Reach. The waters bounded by a line connecting
following points: the following points:
Latitude Longitude Latitude Longitude

40°39'05.8"N 074°05'09.4"W 40°38'39.4"N 074°09'07.0"W


40°39'09.8"N 074°04'54.0"W 40°38'33.4"N 074°08'54.8"W
40°39'09.7"N 074°04'51.3"W 40°38'33.6"N 074°08'43.0"W
40°39'06.3"N 074°04'44.0"W 40°38'29.3"N 074°08'41.8"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°38'30.8"N 074°08'56.6"W
40°38'37.0"N 074°09'08.9"W

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

and thence to the point of beginning. 40°39'03.2"N 074°04'41.0"W


(ii) Constable Hook Reach. The waters bounded by a line connecting the 40°39'03.0"N 074°04'31.0°W
following points: 40°38'58.7"N 074°04'18.2"W
40°38'51.1"N 074°04'21.0"W
Latitude Longitude 40°38'54.8"N 074°04'32.1"W
40°39'01.2"N 074°04'41.6"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 (c) Projected dates for each phase.
40°38'59.9"N 074°05'00.0"W (1) Phase I: 2 July 1991 through 11 December 1991.
40°38'59.9"N 074°05'01.9"W (2) Phase II: 12 December 1991 through 18 June 1992.
40°38'57.0"N 074°05'15.0"W (3) Phase III: 19 June 1992 through 14 January 1993.
40°38'47.6"N 074°05'34.7"W (4) Phase IV: 15 January 1993 through 13 June 1993.
40°38'46.1"N 074°05'43.9"W (5) Phase V: 14 June 1993 through 09 April 1994.
(d) Regulations.
(1) No vessel shall enter or transit any work area where drill barges
and thence to the point of beginning, and the waters bounded by a and/or dredges are located.
line (2) Each vessel transiting in the vicinity of the work areas, where drill
connecting the following points: barges and/or dredges are located, is required to do so at no wake speed.
(3) No vessel shall enter the RNA when the are advised by the drilling
Latitude Longitude barge or Vessel Traffic Service New York (VTSNY) that a misfire or
hangfire has occurred. Vessels already underway in the RNA shall proceed
40°39'03.2"N 074°04'41.0"W
to clear the area immediately.
40°39'03.0"N 074°04'31.0"W
40°38'58.7"N 074°04'18.2"W (4) Vessels, 300 gross tons or greater and tugs with tows, are prohibited
40°38'51.1"N 074°04'21.0"W from meeting or overtaking other vessels when transiting alongside work
40°38'54.8"N 074°04'32.1"W areas.
40°39'01.2"N 074°04'41.6"W (5) Vessels, 300 gross tons or greater and tugs with tows, transiting with
the prevailing current are regarded as the stand-on vessel.
and thence to the point of the beginning.
33 CFR PART 165 PAGE 8
348
M.E.T. PUBLICATION 515 — 5TH EDITION
(6) Prior to entering the RNA, the master, pilot or operator of each Regulated Navigation Area, including naval and public vessels, except
vessel, 300 gross tons or greater and tugs with tows, shall ensure that they vessels feat are engaged in the following operations:
have sufficient propulsion and directional control to safely navigate the area (1) Law Enforcement
under the prevailing conditions, and shall notify VTSNY as to their (2) Servicing aids to navigation.
decision regarding the employment of assist tugs while transiting the RNA. (3) Surveying, maintenance, or improvement of waters in the Regulated
(7) Hawser or wire length must not exceed 100 feet, measured from the Navigation Area.
towing bit on the tug to the point where the hawser connects wife fee (d) Regulations.—
towed vessel, for any vessel wife another vessel in tow. (1) Anchoring restrictions.
(8) Waiver. The Captain of the Port, New York may, upon request, (i) No vessel over 65 feet long may anchor or moor in this Regulated
authorize a division from any regulation in this section if it is found feat Navigation Area outside an anchorage designated in §110.168 of this title,
fee proposed operations can be done safely. An application for deviation unless:
must be received not less than 24 hours before the intended operation and (A) The vessel has the permission of the Captain of the Port
must state the need and describe the proposal. (B) The vessel is carrying explosives for use on river or harbor works or
[CGD1 89-065, 57 FR 11685, Apr. 7, 1992, 57 FR 13413, Apr. 16, 1992] on other work under a permit issued by the District Engineer, Corps of
Engineers, and the vessel is anchored in or near the vicinity of the work
Fifth Coast Guard District site. The District Engineer shall prescribe the quantities of explosives
165.501 Chesapeake Bay entrance and Hampton Roads, Va. and allowed on the vessel and the conditions under which the vessel may store
adjacent waters—regulated navigation area. or handle explosives. The vessel may not anchor unless a copy of the permit
(a) Regulated Navigation Area. The waters enclosed by the shoreline and and instructions relating to the carriage and handling of explosives
fee following lines are a Regulated Navigation Area: from the Corps of Engineers to the vessel or contractor are provided to fee
(1) A line drawn across the entrance to Chesapeake Bay between Wise Captain of the Port before the vessel anchors.
Point and Cape Charles Light, and then continuing to Cape Henry Light (ii) A vessel may anchor in a channel wife the permission of the Captain
(2) A line drawn across the Chesapeake Bay between Old Point Comfort of the Port, if the vessel is authorized by the District Engineer to engage
Light and Cape Charles City Range "A" Rear Light in the recovery of sunken property, to lay or repair a legally established
(3) A line drawn across the James River along the eastern side of fee pipeline or cable, or to engage in dredging operations.
U.S. Route 17 highway bridge, between Newport News and Isle of Wight (iii) A vessel engaged in river and harbor improvement work under fee
County, Virginia. supervision of the District Engineer may anchor in a channel, if the District
(4) A line drawn across Chuckatuck Creek along the northern side of fee Engineer notifies the Captain of the Port in advance of the start of fee
north span of the U.S. Route 17 highway bridge, between Isle of Wight work.
County and Suffolk, Virginia. (iv) Except as provided in paragraphs (d) (1) (ii) and (iii) of this section,
(5) A line drawn across the Nansemond River along the northern side of a vessel may not anchor in a channel unless it is unable to proceed without
fee Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia. endangering the safety of persons, property, or the environment
(6) A line drawn across the mouth of Bennetts Creek, Suffolk, Virginia. (v) A vessel feat is anchored in a channel because it is unable to proceed
(7) A line drawn across the Western Branch of the Elizabeth River along without endangering the safety of persons, property, or the environment,
fee eastern side of the West Norfolk Bridge, Portsmouth, Virginia. shall:
(8) A line drawn across the Southern Branch of the Elizabeth River (A) Not anchor, if possible, within a cable or pipeline area.
along the northern side of the I-64 highway bridge, Chesapeake, Virginia. (B) Not obstruct or endanger the passage of any vessel.
(9) A line drawn across the Eastern Branch of the Elizabeth River along (C) Anchor near the edge of the channel, if possible.
fee western side of the west span of the Campostella Bridge, Norfolk, (D) Not interfere wife the free navigation of any channel.
Virginia. (E) Not obstruct the approach to any pier.
(F) Not obstruct aids to navigation or interfere wife range lights.
(10) A line drawn across the Lafayette River along the western side of
(G) Move to a designated anchorage or get underway as soon as possible
fee Hampton Boulevard Bridge, Norfolk, Virginia.
or when directed by the Captain of the Port.
(11) A line drawn across Little Creek along the eastern side of the Ocean
(vi) A vessel may not anchor within the confines of Lime Creek Harbor,
View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
Desert Cove, or Little Creek Cove without the permission of the Captain
(12) A line drawn across Lynnhaven Inlet along the northern side of fee of the Port The Captain of the Port shall consult wife the Commander,
Shore Drive (U.S. Route 60) Bridge, Virginia Beach, Virginia. Naval Amphibious Base Little Creek, before granting permission to
(b) Definitions. In this section: anchor
(1) CBBT means the Chesapeake Bay Bridge Tunnel. within this area.
(2) Thimble Shoal Channel consists of the waters bounded by a line (2) Secondary Towing Rig Requirements.
connecting Thimble Shoal Channel Lighted Bell Buoy ITS, thence to (i) A vessel over 100 gross tons may not be towed in this Regulated
Lighted Gong Buoy 17, thence to Lighted Buoy 19, thence to Lighted Buoy Navigation Area unless it is equipped wife a secondary towing rig, in
21, thence to Lighted Buoy 22, thence to Lighted Buoy 18, thence to addition to its primary towing rig, feat
Lighted Buoy 2, thence to the beginning. (A) Is of sufficient strength for towing the vessel.
(3) Thimble Shoal North Auxiliary Channel consists of the waters in a (B) Has a connecting device feat can receive a shackle pin of at least two
rectangular area 450 feet wide adjacent to the north side of Thimble Shoal inches in diameter.
Channel, the southern boundary of which extends from Thimble Shoal (C) Is fitted wife a recovery pickup line led outboard of the vessel's hull.
Channel Lighted Buoy 2 to Lighted Buoy 18. (ii) A tow consisting of two or more vessels, each of which is less
(4) Thimble Shoal South Auxiliary Channel consists of the waters in a than 100 gross tons, feat has a total gross tonnage feat is over 100
rectangular area 450 feet wide adjacent to the south side of Thimble Shoal gross tons, shall be equipped wife a secondary towing rig between each
Channel, the northern boundary of which extends from Thimble Shoal vessel in the tow, in addition to its primary towing rigs, while the tow
Channel Lighted Bell Buoy ITS, thence to Lighted Gong Buoy 17 thence is operating within this Regulated Navigation Area. The secondary
to Lighted Buoy 19, thence to Lighted Buoy 21. towing rig must:
(c) Applicability. This section applies to all vessels operating within fee (A) Be of sufficient strength for towing the vessels.

PAGE 9 33 CFR PART 165


349
M.E.T. PUBLICATION 515 — 5TH EDITION
(B) Have connecting devices that can receive a shackle pin of at least (C) Not interfere with the free navigation of any channel.
two inches in diameter. (D) Not obstruct the approach to any pier.
(C) Be fitted with recovery pickup lines led outboard of the vessels' (E) Not obstruct aids to navigation or interfere with range lights.
hulls. (F) Move to a designated anchorage or get underway as soon as possible
(3) Anchoring Detail Requirements. A self-propelled vessel over 100 or when directed by the Captain of the Port.
gross tons, which is equipped -with an anchor or anchors (other than a (9) Vessel Speed Limits on Little Creek. A vessel may not proceed at a
tugboat equipped with bow fenderwork of a type of construction that speed over five knots between the Route 60 bridge and the mouth of
prevents an anchor being rigged for quick release), that is underway within Fishennans Cove (Northwest Branch of Little Creek).
two nautical miles of the CBBT or the 1-664 Bridge Tunnel shall station its (10) Vessel Speed Limits on the Southern Branch of the Elizabeth River.
personnel at locations on the vessel from which they can anchor the vessel A vessel may not proceed at a speed over six knots between the junction
without delay in an emergency. of the Southern and Eastern Branches of the Elizabeth River and the
(4) Draft Limitations. A. vessel drawing less than 25 feet may not enter Norfolk and Portsmouth Belt Line Railroad Bridge between Chesapeake
the Thimble Shoal Channel, unless the vessel is crossing the channel. and Portsmouth, Virginia.
Channel crossings shall be made as perpendicular to the channel axis as (11) Restrictions on Vessel Operations During Aircraft Carrier and
possible. Other Large Naval Vessel Transits of the Elizabeth River.
(5) Traffic Directions. (i) Except for a vessel that is moored at a marina, wharf, or pier or that
(i) Except when crossing the channel, a vessel in the Thimble Shoal is anchored, no vessel may, without the permission of the Captain of the
North Auxiliary Channel shall proceed in a westbound direction. Port, come within or remain within 500 yards from a naval aircraft carrier
(ii) Except when crossing the channel, a vessel in the Thimble Shoal or other large naval vessel, which is restricted in its ability to maneuver in
South Auxiliary Channel shall proceed in an eastbound direction. the confined waters, while the aircraft carrier or large naval vessel is
(6) Restrictions on Vessels With Impaired Maneuverability.— transiting the Elizabeth River between the Norfolk Naval Base, Norfolk,
(i) Before entry. A vessel over 100 gross tons, whose ability to maneuver Virginia, and the Norfolk Naval Shipyard, Portsmouth, Virginia.
is impaired by hazardous weather, defective steering equipment, defective (ii) The permission required by paragraph (d) (11) (i) of this section may
main propulsion machinery, or other damage, may not enter the Regulated be obtained from a designated representative of the Captain of the Port,
Navigation Area without the permission of the Captain of the Port, unless including the duty officer at the Coast Guard Marine Safety Office,
the vessel is attended by one or more tugboats with sufficient total power Hampton Roads, or from the Coast Guard patrol commander.
to ensure the vessel's safe passage through the Regulated Navigation Area. (iii) The Captain of the Port issues a Broadcast Notice to Mariners to
(ii) After entry. The master of a vessel over 100 gross tons, which is inform the marine community of scheduled vessel movements that are
underway in the Regulated Navigation Area, shall, as soon as possible, do covered by paragraph (d) (11) of this section.
the following, if the vessel's ability to maneuver becomes impaired for any (iv) Notwithstanding paragraph (d) (11) (i) of this section, a vessel may
reason: not remain moored at the Elizabeth River Ferry dock at the foot of High
(A) Report the impairment to the Captain of the Port. Street in Portsmouth, Virginia, when the dock is within a safety zone for
(B) Unless the Captain of the Port waives this requirement, have one or a naval aircraft carrier or other large naval vessel.
more tugboats, with sufficient total power to ensure the vessel's safe (12) Restrictions on Vessel Operations During Liquefied Petroleum Gas
passage through the Regulated Navigation Area, attend the vessel. Carrier Movements on the Chesapeake Bay and Elizabeth River.
(7) Requirements far Navigation Charts, Radars, and Pilots. No vessel (i) Except for a vessel that is moored at a marina, wharf or pier or that is
over 100 gross tons may enter the Regulated Navigation Area, unless it has anchored, and which remains moored or at anchor, no vessel may, without
onboard: the permission of the Captain of the Port, come within or remain within 250
(i) Corrected charts of the Regulated Navigation Area. feet from the port and starboard sides and 300 yards from the bow and stem
(ii) An operative radar during periods of reduced visibility; or of a vessel that is carrying liquefied petroleum gas in bulk as cargo, while
(iii) A pilot or other person on board with previous experience navigating the gas carrier transits between Thimble Shoal Lighted Buoy 3 and the
vessels on the waters of the Regulated Navigation Area. Atlantic Energy Terminal on the Southern Branch of the Elizabeth River.
(8) Emergency Procedures. (ii) The permission required by paragraph (d) (12) (i) of this section may
(i) Except as provided in paragraphs (d) (8) (ii) and (iii) of this section, be obtained from a designated representative of the Captain of the Port,
in an emergency any vessel may deviate from the regulations in this section including the duty officer at the Coast Guard Marine Safety Office,
to the extent necessary to avoid endangering the safety of persons, Hampton Roads, or from the Coast Guard patrol commander.
property, or the environment (iii) A vessel that has carried liquefied petroleum gas in a tank is
(ii) A vessel over 100 gross tons with an emergency that is located within carrying the liquefied petroleum gas as cargo for the purposes of paragraph
two nautical miles of the CBBT or 1-664 Bridge Tunnel (other than a self- (d) (12) (i) of this section, unless the tank has been gas freed since liquefied
propelled vessel that is capable of getting underway in 30 minutes, has petroleum gas was last carried as cargo.
sufficient power to avoid any bridge, tunnel island, or vessel, and whose (iv) The Captain of the Port issues a Broadcast Notice to Mariners to
maneuverability inform the marine community of scheduled vessel movements that are
is not unpaired by a steering equipment or main propulsion defect): covered by paragraph (d) (12) of this section.
(A) Shall notify the Captain of the Port of its location and the nature of (v) Notwithstanding paragraph (d) (12) (i) of this section, a vessel may
the emergency, as soon as possible. not remain moored at the Elizabeth River Ferry dock at the foot of High
(B) May not anchor outside an anchorage designated in §110.168 of this Street in Portsmouth, Virginia, when the dock is within a safety zone for a
title, unless the vessel is unable to proceed to an anchorage without liquefied petroleum gas carrier.
endangering the safety of persons, property, or the environment (13) Restrictions on the Use of the Elizabeth River Ferry Dock at the
(C) Shall make arrangements for one or more vessels to attend the Foot of High Street, Portsmouth, Virginia.
vessel, with sufficient power to keep the vessel in position. (i) No vessels, other than those being operated as ferries for the
(iii) If a vessel over 100 gross tons must anchor outside an anchorage Tidewater Transportation District Commission, may embark or disembark
because the vessel is unable to proceed without endangering the safety of passengers or otherwise moor at the Elizabeth River Ferry dock at the foot
persons, property, or the environment, the vessel shall: of High Street, Portsmouth, Virginia.
(A) Not anchor, if possible, within a cable or pipeline area.
(B) Not obstruct or endanger the passage of any vessel.

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M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) Any vessel being operated for the Tidewater Transportation District the Virginia-West Virginia boundary to a point 39°06'N. latitude, 78°30'W.
Commission may not moor at the dock longer than necessary to embark longitude; thence to a point 38°19.5'N. latitude, 77°25.2'W. longitude;
passengers awaiting transportation or disembark passengers already aboard thence to a point 37°55'N. latitude, 76°28.2'W. longitude; thence to a point
the vessel. 37°55'N. latitude, 76°16.8'W. longitude; thence to a point 37°56.5'N.
(iii) The master or another authorized licensed officer must remain in the latitude, 76°10.5'W. longitude; thence to a point 37°57.2'N. latitude,
pilothouse and be prepared to get the vessel underway immediately or take 76°03'W. longitude on Chesapeake Bay; thence along the Maryland-
other actions necessary to ensure the safety of the vessel's passengers, Virginia boundary to the sea.
whenever a vessel is moored at the dock. (b) The regulations in paragraphs (c) and (d) of this section are placed
(e) Waivers. in effect and terminated by the Captain of the Port Baltimore by notice in
(1) The Captain of the Port may, upon request, waive any regulation in the Federal Register. Notice is also given in the Fifth Coast Guard District
this section, if the Captain of the Port finds that the vessel can be operated Local Notice to Mariners and other available public notice means such as
safely. COTP newsletters and news broadcasts. This regulated navigation area will
(2) An application for a waiver must state the need for the waiver and normally be placed in effect and terminated between December and March
describe the proposed vessel operations. of the following year.
(f) Control of Vessels Within the Regulated Navigation Area. (c) This regulated navigation area applies to:
(1) When necessary to prevent damage, destruction, or loss of any (1) Operators of those vessels defined under subparagraph (3) of section
vessel, the 1-664 Bridge Tunnel, or the CBBT, the Captain of the Port may 5 of the Port and Tanker Safety Act, 92 Stat. 1482 (46 U.S.C. 391a),
direct the movement of vessels or issue orders requiring vessels to anchor which includes any vessel—
or moor in specific locations. (i) Regardless of tonnage, size, or manner of propulsion;
(2) If needed to further the maritime or commercial interests of the (ii) Whether self-propelled or not; and
United States, the Captain of the Port may order a vessel to move from the (iii) Which carries oil or any hazardous materials in bulk as cargo or in
location in which it is anchored to another location within the Regulated residue;
Navigation Area. (2) Operators of those vessels defined under section 4, subparagraphs (1)
(3) The master of a vessel within the Regulated Navigation Area shall through (3) of the Vessel Bridge-to-Bridge Radiotelephone Act, 85 Stat
comply with any orders or directions issued to the master's vessel by the 164 (33 U.S.C. 1203 (a) (1) through (3)), which includes—
Captain of the Port. (i) Every power-driven vessel of three hundred gross tons and upward;
[CGD 05-88-17, 54 FR 608, Jan. 9, 1983; CGD 05-88-17, 54 FR 7190, Feb. 17, (ii) Every vessel of one hundred gross tons and upward carrying one or
1989, as amended by CGD 05-89-01, 54 FR 19169, May 4, 1989] more passengers for hire; and
(iii) Every towing vessel of twenty-six feet or greater in length.
(d) Upon entering or getting underway in this regulated navigation area
165.502 Cove Point, Chesapeake Bay, Maryland—safety zone. when the regulations in this section are in effect, operators of vessels
(a) The waters and waterfront facilities located within the following described in paragraph (c) of this section shall check with the Captain of
boundaries constitute a safety zone effective when an LNG (Liquefied the Port, Baltimore, by the most rapid means available, and request the
Natural Gas) carrier is maneuvering in the vicinity of the Cove Point current COTP Orders issued for this regulated navigation area. Operators of
terminal and when a moored LNG carrier indicates its intention to get affected vessels that cannot meet this requirement shall not navigate their
underway: A line beginning at a point one-half mile NW of the end of the vessels in the regulated navigation area.
norm pier of the Columbia LNG facility at Cove Point, Maryland, located (e) If unable to comply with a currently effective COTP Order, operators
at 38°24'43"N latitude, 76°23'32"W longitude; thence 056°T to a point of vessels described in paragraph (c) of this section shall not navigate their
2800 yards offshore at 38°24'59"N latitude, 76°23'01"W longitude; thence vessels in the regulated navigation area and shall notify COTP Baltimore
146°T to a point located 2300 yards offshore at 38°23'52"N latitude, by the most rapid means available. Such notification shall include:
76°22'03"W longitude; thence 236°T to a point one-half mile SE of the (1) The name of the vessel,
end of the south pier of the Columbia LNG facility at Cove Point, (2) The vessel's location, and
Maryland, located 38°23'39"N latitude, 76°22'35"W longitude; thence (3) That provision of the currently effective order with which the vessel
northwesterly to the point of origin and the area within 50 yards on the cannot comply.
shore side of the Columbia LNG Corporation offshore terminal. [CGD 81-067, 48 FR 22545, May 19, 1983]
(b) The waters and waterfront facilities located within the following
boundary constitute a safety zone when an LNG carrier is moored at the 165.504 Newport News Shipbuilding and Dry Dock Company
Columbia LNG offshore terminal; an area extending 50 yards shoreward Shipyard, James River, Newport News, Va.
of the offshore terminal and 200 yards offshore of all parts of the offshore (a) Location. The following is a security zone: The waters of the James
terminal and the LNG carrier. River encompassed by a line beginning at the intersection of the shoreline
(c) The waters and waterfront facilities located within the following with the northernmost property line of the Newport News Shipbuilding and
boundary constitute a safety zone when no LNG carrier is moored at the Dry Dock Co. at latitude 37°00'38.1"N, longitude 76°27'05.7"W, thence
receiving terminal: the area within 50 yards of the Columbia LNG offshore southerly to latitude 36°59'58.4"N, longitude 76°27'16.7"W, thence
terminal, at Cove Point, Maryland. southeasterly to latitude 36°59'23.0"N, longitude 76°26'54.6"W, thence
westerly to latitude 36°59'21.5"N, longitude 76°26'58.4"W, thence
165.503 Chesapeake Bay ice navigation season. southeasterly to latitude 36°59' 12.9"N, longitude 76°26'52.4"W, thence
(a) The following is a regulated navigation area: the waters within the easterly to latitude 36°59'14.2"N, longitude 76°26'49.1"W, thence
boundary of a line which starts at the intersection of the Delaware- southeasterly to latitude 36°58'37.8"N, longitude 76°26'26.3"W, thence
Maryland boundary and the coastline and follows the Delaware-Maryland easterly to latitude 36"58'43.5"N, longitude 76°26'13.7"W, thence northerly
boundary west and norm to the Pennsylvania boundary but includes the to the intersection of the shoreline with the southernmost property line of
Chesapeake and Delaware Canal and the reaches of the Nanticoke River; the Newport News Shipbuilding and Dry Dock Co. at latitude
thence due east along the Pennsylvania-Maryland boundary to the West 36°58'48.0"N, longitude 76°26'11.2"W, thence northwesterly along the
Virginia boundary; thence south and eastward along the Maryland-West shoreline to the point of beginning.
Virginia boundary to the Virginia boundary; thence southwestward along

PAGE 11 33 CFR PART 165


351
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) Security zone anchorage. The following is a security zone anchorage: (1) The waters of the Cape Fear River bounded by a line connecting the
The waters of the James River encompassed by a line beginning at the following points:
intersection of the shoreline with the northernmost property line of the
Newport News Shipbuilding and Dry Dock Company shipyard at latitude Latitude Longitude
37°00'38.1"N, longitude 76°27'05.7"W, thence southerly to latitude
36°59'58.4"N, longitude 76°27'16.7"W, thence easterly to the shoreline at 34°14'12"N 77°57'10"W
latitude 36°59'58.5"N, longitude 76°27'11.6"W, thence along the shoreline 34°14'12"N 77°57'06"W
to the point of beginning. 34°13'54"N 77°57'00"W
(c) Special Regulations. 34°13'54"N 77°57'06"W
(1) Section 165.33 (a), (e), and (f) do not apply to the following vessels
or individuals on board those vessels: (2) The safely zone boundary can be described as follows: starting at the
(i) Public vessels of the United States. stem of the Battleship USS NORTH CAROLINA, across the Cape Fear
(ii) Public vessels owned or operated by the Commonwealth of Virginia River to the north end of the Coast Guard moorings, down along the east
or its subdivisions for law enforcement or firefighting purposes. bank of the Cape Fear River to the bow of the tug CAPTAIN JOHN
(iii) Vessels owned by, operated by, or under charter to Newport News TAXIS Memorial (Chandler's Wharf), back across the Cape Fear River to
Shipbuilding and Dry Dock Co. Eagle Island, and then up along the west bank of the Cape Fear River to
(iv) Vessels that are performing work at Newport News Shipbuilding and the stem of the Battleship USS NORTH CAROLINA.
Dry Dock Co., including the vessels of subcontractors and other vendors of (b) Definitions. The designated representative of the Captain of the Port
Newport News Shipbuilding and Dry Dock Co. or other persons that have a is any Coast Guard commissioned, warrant, or petty officer who has been
contractual relationship with Newport News Shipbuilding and Dry Dock authorized by the Captain of the Port, Wilmington, North Carolina to act
Co. on his behalf.
(v) Vessels that are being built, rebuilt, repaired, or otherwise worked on (c) General information. The Captain of the Port and the Duty Officer
at or by Newport News Shipbuilding and Dry Dock Co. or another person at the Marine Safety Office, Wilmington, North Carolina, can be contacted
authorized to perform work at the shipyard. at telephone number (910) 343-4895. The Coast Guard Patrol Commander
(vi) Vessels that are authorized by Newport News Shipbuilding and Dry and the senior boarding officer on each vessel enforcing the safety zone can
Dock Company to moor at and use its facilities. be contacted on VHF-FM channels 16 and 81.
(vii) Commercial shellfish harvesting vessels taking clams from the (d) Regulation. Except for persons or vessels authorized by the Coast
shellfish beds within the zone, if Guard Patrol Commander, no person or vessel may enter or remain in the
(A) The owner of the vessel has previously provided the Captain of the regulated area.
Port, Hampton Roads, Virginia, information about the vessel, including: (1) The operator of any vessel in the immediate vicinity of this safety
(1) The name of the vessel; zone shall:
(2) The vessel's official number, if documented, or state number, if (i) Stop the vessel immediately upon being directed to do so by any
numbered by a state issuing authority; commissioned, warrant, or petty officer on board a vessel displaying a
(3) A. brief description of the vessel, including length, color, and type of Coast Guard Ensign.
vessel; (ii) Proceed as directed by any commissioned, warrant, or petty officer
(4) The name. Social Security number, current address, and telephone on board a vessel displaying a Coast Guard Ensign.
number of the vessel's master, operator, or person in charge; and (2) Any spectator vessel may anchor outside of the regulated area
(5) Upon request, information the vessel's crew. specified in paragraph (a) of the section, but may not block a navigable
(B) The vessel is operated in compliance with any specific orders issued channel.
to the vessel by the Captain of the Port or other regulations controlling the (e) Effective date. The Captain of the Port will issue a Marine Safety
operation of vessels within the security zone that may be in effect Information Broadcast and a Notice to Mariners to notify the public when
(d) Enforcement. The U.S. Coast Guard may be assisted in the this section is in effect
enforcement of this zone by the U.S. Navy. [59 FR 33200, June 28, 1994]
[CGD5 86-03, 51 FR 18322, May 19, 1986, as amended by CGD5 87-038, 52 FR
41996, Nov. 2, 1987] 165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.
(a) Location. The following area is a moving safety zone during the
165.510 Delaware Bay and River—regulated navigation area. specified conditions: The waters of the Cape Fear and Northeast Cape Fear
(a) The following is a regulated navigation area: The waters of Delaware Rivers for 500 yards ahead and astern, and 75 yards abeam of a vessel
Bay and River, south and southwest of the southern span of the Delaware carrying hazardous materials when designated by the Captain of the Port
Memorial Bridge, and inside the boundary line of inland waters described Wilmington, North Carolina.
in §80.325 of this chapter. (b) General Information.
(b) Regulation. (1) The Captain of the Port and the Duty Officer at the Marine Safety
(1) Draft Limitation. Unless otherwise authorized by the Captain of the Office, Wilmington, Norm Carolina, can be contacted at telephone number
Port, no vessel with a draft greater than 55 feet may enter this regulated (910) 343-4895. The Coast Guard Patrol Commander enforcing the safety
navigation area. zone can be contacted on VHF-FM channels 16 and 81.
(2) Oil transfer operations. Unless otherwise authorized by the Captain of (2) The Captain of the Port may authorize and designate any Coast
the Port, no vessel may conduct oil transfer operations in this Guard commissioned, warrant, or petty officer to act on his behalf in
regulated navigation area except in the anchorage ground designated enforcing this safety zone.
in §110.157 (a) (1) of this chapter. (3) The Marine Safety Office Wilmington will notify the maritime
[CGD 77-118a, 42 FR 35784, July 11, 1977, Redesignated by CGD 81-017, 46 community of periods during which this safety zone will be in effect by
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987] providing advance notice of scheduled arrivals and departures of loaded
hazardous materials vessels via a marine broadcast Notice to Mariners.
(c) Regulation. The general regulations governing safety zones contained
165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina. in §165.23 apply.
(a) Location. The following area is a safety zone: [COTP Wilmington, NC 94-004, 59 FR 42759, Aug. 19, 1994]

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.

33 CFR PART 165


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353
M.E.T. PUBLICATION 515 — 5TH EDITION
(c) The floating safety zone is disestablished when the LPG vessel is of the Captain of the Port may be contacted on board any Coast Guard
safely moored at the LPG receiving facility at Warren Petroleum, vessel assigned to enforce the safety zone.
Rattlesnake slip. (3) Before entering the safety zone, a vessel operator shall contact the
(d) A fixed safety zone is established when an LPG vessel is safely Captain of the Port or a representative of the Captain of the Port to
moored at Warren Petroleum, extending 50 feet waterside from the vessel. determine what restrictions, if any, have been imposed on vessels in the
Vessels are permitted to pass the moored LPG vessel; so long as they do safety zone. The Captain of the Port may be contacted by telephone via the
not enter the fixed safety zone, and proceed only with extreme caution at Command Duty Officer at (912) 944-4371. Coast Guard vessels assisting in
the slowest safe speed possible. Vessels may not enter the fixed safety zone the enforcement of the safety zone may be contacted on VHF-FM channels
without the permission of the Captain of the Port Tampa. 13 or 16, or vessel operators may determine restrictions in effect for the
(e) For an outbound vessel loaded with LPG, the floating safety zone is safety zone by coming alongside a Coast Guard vessel patrolling the
established when the vessel departs from the receiving facility and perimeter of the safety zone.
continues through the areas described in (a) and (b) above. (4) The Captain of the Port will issue a Marine Safety Information
(f) The general regulations governing safety zones contained in §165.23 Broadcast Notice to Mariners to Notify the maritime community of the
apply. safety zone and restrictions imposed.
(g) The Marine Safety Office Tampa will notify the maritime community [Reg. 90-129, 55 FR 52272, Dec. 21, 1990]
of periods during which these safety zones will be in effect by providing
advance notice of scheduled arrivals and departures of loaded LPG vessels 165.705 Port Canaveral Harbor, Cape Canaveral, Florida.
via a marine broadcast Notice to Mariners. (a) Security Zone A—East (Trident) Basin, Port Canaveral Harbor, at
(h) The owner, master, agent or person in charge of a vessel or barge, Cape Canaveral Air Force Station, Brevard County, Florida. All waters of
loaded with LPG shall report the following information to the Captain of the East Basin north of latitude 28°24'36"N.
the Port, Tampa at least twenty-four hours before entering Tampa Bay or (b) Security Zone B—Middle Basin, Port Canaveral Harbor, adjacent to
its approaches: the Navy wharf at Cape Canaveral Air Force Station, Brevard County,
(1) Name and country of registry of the vessel or barge; Florida. The waters of Port Canaveral Harbor within a line circumscribing
(2) The name of the port or place of departure; the water approaches to the Navy wharf along the northeasterly edge of the
(3) The name of the port or place of destination; Port Canaveral Harbor turning basin at a distance of 200 feet from all
(4) The estimated time that the vessel is expected to begin its transit of
portions of the wharf including the dolphins located 200 feet off the
Tampa Bay and the time it is expected to commence its transit of the safety
northwest end and 75 feet off the southeast end of the wharf.
zone.
(c) Entrance into these zones by vessels other than vessels owned or
(5) The cargo carried and amount
leased by the United States is prohibited without permission of the Captain
(i) Should the actual time of entry of the LPG vessel into the safety zone
of the Port, Jacksonville, Florida.
area vary more than one half (1/2) hour from the scheduled time stated in
(d) The general regulations governing security zones contained in 33
the broadcast Notice to Mariners, the person directing the movement of the
CFR 165.33 apply.
LPG vessel shall obtain permission from the Captain of the Port Tampa
[CGD7 87-38, 53 FR 38718, Oct. 3, 1988; CGD7 87-38, 54 FR 611, Jan. 9, 1989;
before commencing the transit.
CGD7 89-21, 54 FR 26198, June 22, 1989]
(j) Prior to commencing the movement, the person directing the
movement of the LPG vessel shall make a security broadcast to advise
mariners of the intended transit All additional security broadcasts as 165.709 Egmont Channel, Tampa Bay, FL—regulated navigation area.
recommended by the U.S. Coast Pilot 5 Atlantic Coast shall be made (a) The following is a regulated navigation area: Waters within the
throughout the transit. boundaries of a line beginning at 27°36'37"N, 082°48'43"W; thence to
(k) Vessels carrying LPG are permitted to enter and transit Tampa Bay 27°36'15"N, 082°52'10"W; thence to 27°36'07"N, 082°52'10"W; thence
and approaches only with a minimum of three miles visibility. to 27°36'30"N, 082°48'42"W; and thence to the beginning point
(1) The Captain of the Port Tampa may waive any of the requirements (b) A vessel which requires use of the channel due to its draft shall not
of this support for any vessel or class of vessel upon finding that the meet or overtake a vessel with a draft of 36 feet or greater within the
operational conditions of a vessel or class of vessels, or other circumstances regulated area.
are such that application of this subpart is unnecessary or impractical for the (c) A vessel with a draft of 36 feet or greater must make a security
purposes of port safety or environmental safety. broadcast 30 minutes prior to entering the regulated area.
[CCGD7-86-06, 52 FR 2690, Jan. 26, 1987] [CGD07-93-009, 59 FR 56396, Nov. 14, 1994]

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

PAGE 15 33 CFR PART 165


355
M.E.T. PUBLICATION 515 — 5TH EDITION
(c) The general regulations governing security zones contained in 33 (3) nautical miles in the Atlantic Ocean, with the zone also encompassing
CFR 16533 apply. the waters within 1000 yards of the entrance channel east of the jetties.
(d) The Captain of the Port Jacksonville, Florida will activate the (c) Regulations.
security zones or specific portions of them by issuing a local broadcast (1) The Captain of the Port, Jacksonville, Florida will activate the
notice to mariners. The closing of the area at Blount Island, described temporary safety/security zone described in paragraph (b) of this section by
above, will be signified by the display of a rotating yellow light located on issuing a local broadcast notice to mariners.
the waterfront at Blount Island Marine Terminal or at the Gate Terminal (2) All persons and vessels in the vicinity of the safety/security zone
Berth #1. shall immediately obey any direction or order of the Captain of the Port,
[CGD7 87-16, 52 FR 23443, June 22, 1387, as amended by CGD7 91-34, 56 FR Jacksonville, Florida,
22827, May 17, 1991] (3) The general regulations governing safety and security zones
contained in 33 CFR 165.23 and 33 apply. No person or vessel may enter
or remain within the designated zones without the permission of the
165.730 King's Bay, Georgia—Regulated navigation area.
Captain of the Port, Jacksonville, Florida.
Vessels transiting in the water bounded by the line connecting the
(4) This regulation does not apply to persons or vessels operating under
following points must travel no faster than needed for steerageway:
the authority of the United States Navy nor to authorized law enforcement
agencies.
Latitude Longitude
[COTP Jacksonville Reg. 90-94, 55 FR 42374, Oct. 19, 1990]
30°48'00.0"N 081°29'24.0"W
30°46'19.5"N 081°29'17.0"W 165.735 Brunswick, Georgia, Turtle River, Vicinity of Sydney Lanier
30°47'35.0"N 081°30'16.5"W Bridge.
Except during the flood tide, every vessel over 500 CRT departing the
Port of Brunswick for sea shall do so only from the Turtle River, so as to
and thence to the point of beginning be shaped up for bridge transit:
[CGD7 92-41, 58 FR 38057, July 15, 1993] (a) Before reaching Turtle River Buoy "1" (Light List Number 6050); or,
(b) Before reaching the intersection of Brunswick Harbor Range and
165.731 Safety/Security Zone: Cumberland Sound, Georgia and St. Turtle River Lower Range, provided that the vessel:
Marys River Entrance Channel. (1) Be equipped with an operable bow thruster or have tug assistance;
(a) Location. A permanent safety/security zone is established within the and
following coordinates, the area enclosed by a line starting at (2) Be stopped and manoeuvred with no appreciable way on until aligned
30°44'55"N, 081°29'39"W; thence to with the centerline axis of the Turtle River Channel.
30°44'55"N, 081°29'18"W; thence to [CGD7 87-27, 52 FR 48811, Dec. 28, 1987]
30°46'35"N, 081°29'18"W; thence to
30°47'02"N, 081°29'34"W; thence to 165.752 Sparkman Channel, Tampa, Florida—regulated navigation
30°47'21"N, 081°29'39"W; thence to area.
30°48'00"N, 081°29'42"W; thence to (a) A regulated navigation area is established to protect vessels from
30°49'07"N, 081°29'56"W; thence to limited water depth in Sparkman Channel caused by an underwater
30°49'55"N, 081°30'35"W; thence to pipeline. The regulated navigation area is in Sparkman Channel between
30°50'15"N, 081°31'08"W; thence to the lines connecting the following points (referenced in NAD 83): [Refer to
30°50'14"N, 081°31'30"W; thence to figure below.]
30°49'58"N, 081°31'45"W; thence to (b) Ships requiring Federal or State pilotage shall not meet or overtake
30°49'58"N, 081°32'03"W; thence to other like vessels in Sparkman Channel.
30°50'12"N, 081°32'17"W; thence following the land based perimeter (c) Vessels having a draft of more than 35.5 feet may not transit
boundary to the point of origin. Sparkman Channel.
(b) A temporary safety/security zone, when activated by the Captain of (d) Vessels having a draft of 34.5 feet, but not over 35.5 feet, may
the Port, Jacksonville, Florida, encompasses all waters and land from bank transit Sparkman Channel only when the tide is at least one foot above
to bank within Cumberland Sound and the St. Marys Entrance Channel: the mean low water.
northern extent of this zone starts at the southern tip of Crab Island; lighted (e) Vessels with a draft of 30 feet or greater shall transit as near as
buoy number "1" at the mouth of the Amelia River demarks the southern possible to the center of the channel.
boundary; day marker number "2" at the mouth of the St. Marys River [CGD7 90-52, 56 FR 36005, July 30, 1991]
indicates the western boundary; and the eastern boundary extends out to
three
Latitude Longitude Latitude Longitude

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

33 CFR PART 165 PAGE 16


356
M.E.T. PUBLICATION 515 — 5TH EDITION
165.753 Regulated navigation area; Tampa Bay, Florida. (6) Mooring device includes a deadman, anchor, pile or other reliable
(a) The following is a regulated navigation area (RNA): All the holding apparatus.
navigable waters of Tampa Bay, Hillsborough Bay and Old Tampa Bay, (7) Person in charge includes any owner, agent, pilot, master, officer,
including all navigable waterways tributary thereto. Also included are the operator, crewmember, supervisor, dispatcher or other person navigating,
waters of Egmont Channel, Gulf of Mexico from Tampa Bay to the controlling, directing or otherwise responsible for the movement, action,
seabuoy, Tampa Lighted Whistle Buoy T, LLNR 18465. securing, or security of any vessel, barge, tier, fleet or fleeting facility
(b) The master, pilot, or person in charge of any vessel of 50 meters or subject to the regulations in this section.
greater shall give a Navigational Advisory Broadcast in accordance with 47 (8) Tier means barges moored interdependently in rows or groups.
CFR 80331 on VHF-FM channel 13 at the following broadcast/reporting (b) Waivers:
points: (1) The COTP may, upon written request, except as allowed in paragraph
(1) Prior to getting underway from any berth or anchorage; (3) of this subsection, waive any regulation in this section if it is found that
(2) Prior to entering Egmont Channel from seaward; the proposed operation can be conducted safely under the terms of that
(3) Prior to passing Egmont Key in any direction; waiver.
(4) Prior to transiting the Skyway Bridge in either direction; (2) Each written request for a waiver must state the need for the waiver
(5) Prior to transiting the intersection of Tampa Bay Cut F Channel, and describe the proposed operation.
Tampa Bay Cut G Channel, and Gadsden Point Cut Channel; (3) Under unusual circumstances due to time constraints, the person in
(6) Prior to anchoring or approaching a berth for docking; charge may orally request an immediate waiver from the COTP. The
(7) Prior to tending hawser, written request for a waiver must be submitted within five working days
(8) Prior to transiting Point Pinellas Channel Light 1 in either direction. after the oral request
(c) Each Navigational Advisory required by this section shall be made (4) The COTP may, at any time, terminate any waiver issued under this
in the English language and will contain the following information: subsection.
(1) The words "Hello all vessels, a Navigational Advisory follows"; (c) Emergencies. In an emergency, a person may depart from any
(2) Name of vessel; regulation in this section to the extent necessary to avoid immediate danger
(3) If engaged in towing, the nature of the tow; to persons, property or the environment
(4) Direction of Movement;
(d) Mooring: General.
(5) Present location; and,
(1) No person may secure a barge to trees or to other vegetation.
(6) The nature of any hazardous conditions as defined by 33 CFR
(2) No person may allow a barge to be moored with unraveled or frayed
160.203.
lines or other defective or worn mooring.
(d) Nothing in this section shall supersede either the International
(3) No person may moor barges side to side unless they are secured to
Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or the
each other from fittings as close to each comer of abutting sides as
inland Navigation Rules, as applicable, or relieve the Master or person in
practicable.
charge of the vessel of responsibility for the safe navigation of the vessel.
(4) No person may moor barges end to end unless they are secured to
[60 FR 58519a, Nov. 28, 1995]
each other from fittings as close to each comer of abutting ends as
practicable.
Eighth Coast Guard District (e) Mooring to a mooring device.
(1) A barge may be moored to mooring devices if the upstream end of
165.802 Lower Mississippi River vicinity of Old River Control
that barge is secured to at least one mooring device and the downstream
Structure—Safety Zone.
end is secured to at least one other mooring device, except that from mile
(a) The area enclosed by the following boundary is a safety zone—from
127 to mile 240 a barge may be moored to mooring devices if the upstream
the Black Hawk Point Light, mile 316.1 AHP LMR to a point opposite PL
end of that barge is secured to at least one mooring device.
Adams Light, mile 311.5 AHP along the low water reference plane above
(2) Barges moored in tiers may be shifted to mooring devices if the
the right descending bank; thence to the levee on a line perpendicular to
shoreward barge at the upstream end of the tier is secured to at least one
the
mooring device, and the shoreward barge at the downstream end of the tier
channel centerline; thence along the levee to the upstream end of the Old
is secured to at least one other mooring device, except that from mile 127
River Overbank structure; thence along a line to the Black Hawk Point
to mile 240 barges moored in tiers may be shifted to mooring devices if the
Light
shoreward barge at the upstream end of the tier is secured to at least one
(b) Any vessel desiring to enter this safety zone must first obtain
mooring device.
permission from the Captain of the Port, New Orleans. The resident
(3) Each wire rope used between the upstream end of a barge and a
engineer at Old River Control Structure (WUG-424) is delegated the
mooring device must have at least a diameter of 1¼ inch. Chain or line
authority to permit entry into this safety zone.
used between the upstream end of a barge and a mooring device must be
[CGD8-87-10, 53 FR 15207, Apr. 28, 1988, as amended by CGD8 89-03, 54 FR
at least equivalent in strength to 1¼ inch diameter wire rope.
16108, Apr. 21, 1989]
(4) Each wire rope used between the downstream end of a barge and a
mooring device must have at least a diameter of ⅞ inch. Chain or line used
165.803 Mississippi River—regulated navigation area. between the downstream end of a barge and a mooring device must be of at
The following is a Regulated Navigation Area—The waters of the least equivalent strength of ⅞ inch diameter wire rope.
Mississippi River between miles 88 and 240 above Head of Passes. (f) Moorings: Barge-to-barge; barge-to-vessel; barge-to-wharf or pier.
(a) Definitions. As used in this section: The person in charge shall ensure that a barge moored to another barge, a
(1) Breakaway means a barge that is adrift and is not under the control mooring or spar barge, a vessel, a wharf, or a pier, is secured as near as
of a towing vessel. practicable to each abutting comer of the barge being moored by:
(2) COTP means the Captain of the Port, New Orleans. (1) Three parts of wire rope of at least ⅞ inch diameter with an eye at
(3) Fleet includes one or more tiers. each end of the rope passed around the timberhead, caval, or button;
(4) Fleeting facility means the geographic area along or near a river bank
(2) A mooring of natural or synthetic fiber rope that has at least 75
at which a barge mooring service, either for hire or not for hire, is
percent of the breaking strength of three parts of ⅞ inch diameter wire
established.
rope; or
(5) Mooring barge or spar barge means a barge moored to mooring
devices and to which other barges may be moored.

PAGE 17 33 CFR PART 165


357
M.E.T. PUBLICATION 515 — 5TH EDITION
(3) Fixed rigging that is at least equivalent to three pans of % inch (2) During high water, the person in charge of a fleeting facility shall
diameter wire rope. ensure compliance with the following requirements:
(g) Mooring: Person in charge. (i) Each fleet consisting of eight or more barges must be attended by at
(1) The person in charge of a barge, tier, fleet or fleeting facility shall last one radar-equipped towboat for each 100 barges or less. Joint use of
ensure that the barge, tier, fleet or fleeting facility meets the requirements this towboat by adjacent facilities may be considered upon submission of
in paragraphs (d) and (e) of this section. a detailed proposal for a waiver.
(2) The person in charge shall ensure that all mooring devices, -wires, (ii) Each fleet must have two or more towboats in attendance when:
chains, lines and connecting gear are of sufficient strength and in sufficient (A) Barges are withdrawn from or moved within the fleet and the fleet
number to withstand forces that may be exerted on them by moored barges. at the start of the operation contains eight or more barges; or
(h) Fleeting facility: inspection of moorings. (B) Barges are added to the fleet and the number of barges being added
(1) The person in charge of a fleeting facility shall assign a person to plus the fleet at the start of the operation total eight or more.
inspect moorings in accordance with the requirements in paragraph (h) (2) (iii) Each towboat required in paragraphs (m) (2) (i) and (2) (ii) of this
of this section. section must be:
(2) The person assigned to inspect moorings shall inspect: (A) Capable of safely withdrawing, moving or adding each barge in the
(i) At least twice each day during periods that are six hours or more fleet;
apart, each mooring wire, chain, line and connecting gear between mooring (B) Immediately operational;
devices and each wire, line and connecting equipment used to moor each (C) Radio-equipped;
barge; and (D) Within 500 yards of the barges; and
(ii) After a towboat adds barges to, withdraws barges from, or moves (iv) The person in charge of each towboat required in paragraphs
barges at a fleeting facility, each mooring wire, line, and connecting (m) (2) (i) and (2) (ii) of this section shall maintain:
equipment of each barge within each tier affected by that operation. (A) A continuous guard on the frequency specified by current Federal
(3) The person who inspects moorings shall take immediate action to Communications Commission regulations found in Part 83 of Tine 47,
correct each deficiency. Code of Federal Regulations; and
(i) Fleeting facility: Records. The person in charge of a fleeting facility (B) When moored, a continuous watch on the barges in the fleeting
shall maintain, and make available to the Coast Guard, records containing facility.
the following information: (v) During periods when visibility is less than 200 yards, the person in
(1) The time of commencement and termination of each inspection charge of each towboat required in paragraph (m) (2) (i) of this subsection
required in paragraph (h) (2) of this section. shall maintain, when moored, a continuous radar surveillance of the barges
(2) The name of each person who makes the inspection required in moored in the fleeting facility.
paragraph (h) (2) of this section. (3) During high water when visibility is reduced to less than 200 yards:
(3) The identification of each barge entering and departing the fleeting (i) Tows may not be assembled or disassembled;
facility, along with the following information: (ii) No barge may be added to, withdrawn from or moved within a fleet
(i) Date and time of entry and departure; and except
(ii) The names of any hazardous cargo which the barge is carrying. (A) A single barge may be added to or withdrawn from the channelward
Note: The requirements in paragraph (i) (3) of this section for the listing or downstream end of the fleet; and
of hazardous cargo refer to cargoes regulated by Subchapters D and 0 of (B) Barges made up in a tow may depart a fleet from the channelward
Chapter I, Title 46, Code of Federal Regulations. or downstream end of the fleet; and
(j) Fleeting facility: Surveillance. (iii) No person in charge of a tow arriving in this regulated navigation
(1) The person in charge of a fleeting facility shall assign a person to be area may moor unless the COTP is notified prior to arrival in the regulated
in continuous surveillance and to observe the barges in the fleeting facility. navigation area.
Joint use of this person by adjacent facilities may be considered upon [CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 82-020, 47 FR
submission of a detailed proposal for a waiver to the COTP. 35483, Aug. 16, 1982; CGD 79-026, 48 FR 35408, Aug. 4, 1983; CGD 88-075, 54
(2) The person who observes the barges shall: FR 14958, Apr. 14, 1989; CGD08-94-006, 59 FR 21935, Apr. 28, 1994; 60 FR
(i) Inspect for movements that are unusual for properly secured barges;
and 37941, July 25, 1995]
(ii) Take immediate action to correct each deficiency.
(k) Fleeting facility: person in charge. The person in charge of a fleeting 165.804 Snake Island, Texas City, Texas; mooring and fleeting of
facility shall ensure that each deficiency found under the requirements of vessels—safety zone.
paragraph (h) or (j) of this section is corrected. (a) The following is a safety zone:
(l) Securing breakaways. The person in charge shall take immediate (1) The west and northwest shores of Snake Island;
action to: (2) The Turning Basin west of Snake Island;
(1) Secure each breakaway; and (3) The area of Texas City Channel from the north end of the Turning
(2) Report each breakaway as soon as possible to the COTP by telephone, Basin to a line drawn 000° true from the northwesternmost point of Snake
radio or other means of rapid communication. Island.
(m) High water. (b) Special regulations. All vessels are prohibited from mooring,
(1) This subsection applies to barges on the Mississippi River between anchoring, or otherwise stopping in the safety zone, except in case of an
miles 88 and 240 above Head of Passes when: emergency.
(i) The Carrollton gage stands 12 feet or more; or (c) Barges are prohibited from fleeting or grounding in the zone.
(ii) The Carrollton gage stands 10 feet, the U.S. Army Corps of Engineers (d) to an emergency, vessels shall advise the Captain of the Port,
forecasts the Mississippi River is rising to 12 feet, and the District Galveston, of the nature of the emergency via the most rapid means
Commander determines these circumstances to be especially hazardous and available.
issues orders directing that paragraphs (m) (2) and (3) of this section are in
effect. 165.805 Calcasieu Channel and Industrial Canal, Calcasieu River,
Lake Charles, LA.
(a) The waters and waterfront facility located within the area described
by the following boundaries constitutes a safety zone:

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M.E.T. PUBLICATION 515 — 5TH EDITION
(1) When a Liquefied Natural Gas (LNG) vessel is moored at Trunkline the Corpus Christi Ship Channel to the LPG receiving facility. The safety
LNG facility: Beginning at the west side property line at position zone remains in effect until the LPG vessel is moored at the LPG receiving
30°06'38"N, 93°17'34"W, a line extending in an eastward direction and 50 facility.
feet from shore to a point 50 feet west of mooring dolphin #1; then due (2) For outgoing tank vessels loaded with LPG, the waters within a 500
south to a line running in an eastward direction and 50 feet south of the yard radius of the LPG carrier while the vessel departs the LPG facility and
moored LNG vessel to a line running due north to a point 50 feet east of transits the Corpus Christi Ship Channel. The safety zone remains in effect
mooring dolphin #13; and then a line extending in an eastward direction until the LPG vessel passes the seaward extremity of the Aransas Pass
and 50 feet from shore to the end of the turning basin. Jetties.
(2) When an LNG vessel is not moored at the Trunkline LNG facility: (b) The general regulations governing safety zones contained in 33 CFR
Beginning at the west side property line at position 30°06'38"N, 165.23 apply.
93°17'34"W, a line extending in an eastward direction and 50 feet from (c) The Captain of the Port will notify the maritime community of
shore to a point 50 feet west of mooring dolphin # 1; then a continuous periods during which this safety zone will be in effect by providing
uniform line extending 50 feet outside of all facility docks and structures to advance notice of scheduled arrivals and departures of loaded LPG vessels
a point 50 feet east of mooring dolphin # 13; and then a line extending in via a Marine Safety Information Broadcast Notice to Mariners.
an eastward direction and 50 feet from shore to the end of the turning [CGD 8-84-07, 50 FR 15744, Apr. 22, 1985; 50 FR 19933, May 13, 1985]
basin.
(b) The waters within the following boundaries are a safety zone while 165.810 Mississippi River, LA—regulated navigation area.
a non-gas free LNG vessel is transiting within the Calcasieu River ship (a) Purpose mid Applicability. This section prescribes rules for all
channel and between buoy "CC" and the Trunkline LNG facility: The area vessels operating in the Mississippi River below Baton Rouge, LA,
2 miles ahead, 1 mile astern, and to either side of an LNG vessel to the including South and Southwest Passes, to assist in the prevention of
width of the ship channel. Meeting, crossing, or overtaking situations are collisions and groundings and to protect the navigable waters of the
not permitted within the safety zone unless specifically authorized by the Mississippi River from environmental harm resulting from those incidents.
USCG Captain of the Port. (b) Mississippi River below Baton Rouge, LA, including South and
(c) Notice of transiting LNG vessels will be provided by Broadcast Southwest Passes:
and/or Local Notice to Mariners. (1) Supervision. The use, administration, and navigation of the
[CGD 82-10, 47 FR 41957, Sept. 23, 1982, as amended by CGD8 82-10, 50 FR waterways to which this paragraph applies shall be under the supervision of
31592, Aug. 5, 1985; COTP Part Arthur, TX Reg. 90-03, 56 FR 66538, Dec. 24, the District Commander, Eighth Coast Guard District
1991] (2) Speed; high-water precautions. When passing another vessel (in
motion, anchored, or tied up), a wharf or other structure, work under
165.806 Sabine Neches Waterway, Texas—regulated navigation area. construction, plant engaged in river and harbor improvement, levees
(a) The following is a regulated navigation area—The Sabine Neches withstanding flood waters, building partially or wholly submerged by high
Waterway which includes the following waters: Sabine Pass Channel, Port water, or any other structure liable to damage by collision, suction or wave
Arthur Canal, Sabine Neches Canal, Neches River, Sabine River and all action, vessels shall give as much leeway as circumstances permit and
navigable waterways tributary thereto. reduce their speed sufficiently to preclude causing damages to the vessel
(b) Unless otherwise authorized by the Captain of the Port, Port Arthur, or structure being passed. Since this subparagraph pertains directly to the
Texas, tows on a hawser of 1000 gross tons or greater transiting the manner in which vessels are operated, masters of vessels shall be held
Sabine-Neches Waterway are prohibited unless such tows have a tug of responsible for strict observance and full compliance therewith. During
sufficient horsepower made up to the tow in such a manner as to insure that high river stages, floods, or other emergencies, the District Commander
complete and effective control is maintained throughout the transit Inbound may prescribe by navigation bulletins or other means the limiting speed in
vessels only, may shift the tow or pick up an additional tug within 100 land miles per hour deemed necessary for the public safety for the entire
yards inside the entrance jetties provided that such action is necessary for section or any part of the waterways covered by this paragraph, and such
reasons of prudent seamanship. limiting speed shall be strictly observed.
[CGD8-83-03, 49 FR 35500, Sept 10, 1984] (3) Towing. Towing in any formation by a vessel with insufficient power
to permit ready manoeuvrability and safe handling is prohibited.
(c) Movement of vessels in vicinity of Algiers Point, New Orleans
165.807 Calcasieu River, Louisiana—regulated navigation area.
Harbor:
(a) The following is a regulated navigation area—The Calcasieu River
(1) Control lights. When the Mississippi River reaches 8 feet on the
from the Calcasieu jetties up to and including the Port of Lake Charles.
Carrolton Gage on a rising stage, and until the gage reads 9 feet on a
(b) Unless otherwise authorized by the Captain of the Port, Port Arthur,
falling stage, the movement of all tugs with tows and all ships, whether
Texas, tows on a hawser of 1000 gross tons or greater transiting the
under their own power or in tow, but excluding tugs or towboats without
Calcasieu River are prohibited unless such tows have a tug of sufficient
tows or river craft of comparable size and maneuverability operating under
horsepower made up to the tow in such a manner as to insure that complete
their own power, in the vicinity of Algiers Point shall be governed by red
and effective control is maintained at all times. Inbound vessels only, may
and green lights designated and located as follows: Governor Nicholls
shift the tow or pick up an additional tug within 100 yards inside the
Light located on the left descending bank on the wharf shed at the upstream
entrance jetties provided that such action is necessary for reasons for
end of Esplanade Avenue Wharf; New Orleans, approximately 943 miles
prudent seamanship.
above Head of Passes; and Gretna Light located on the right descending
[CGDS-83-09, 49 FR 35500, Sept. 10, 1984]
bank on top of the levee at the foot of Ocean Avenue, Gretna,
approximately 96.6 miles above Head of Passes. Governor Nicholls Light
165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety has lights visible from both upstream and downstream, and Gretna Light
zone. has lights visible from upstream, all indicating by proper color the direction
(a) The following areas are established as safety zones during specified of traffic around Algiers Point From downstream, Gretna Light always
conditions: shows green. All lights are visible throughout the entire width of the river
(1) For incoming tank vessels loaded with Liquefied Petroleum Gas, the and flash once every second. A green light displayed ahead of a vessel (in
waters within a 500 yard radius of the LPG carrier while the vessel transits the direction of

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359
M.E.T. PUBLICATION 515 — 5TH EDITION
travel) indicates that Algiers Point is clear and the vessel may proceed. A shall enter the channel at the head of South Pass until after an ascending
red light displayed ahead of a vessel (in the direction of travel) indicates vessel which has reached Franks Crossing Light shall have passed through
that Algiers Point is not clear and the vessel shall not proceed. Absence of into the river.
lights shall be considered a danger signal and no attempt shall be made to (5) When navigating South Pass during periods of darkness no tow shall
navigate through the restricted area. consist of more than one towed vessel other than small craft, and during
Note: To provide advance information to downbound vessels whether the daylight hours no tow shall consist of more than two towed vessels other
control light at Gretna (Gretna Light) is red or green, a traffic light is than small craft. Tows may be in any formation. When towing on a hawser,
located at Westwego on the right descending bank, on the river batture at the hawser shall be as short as practicable to provide full control at all
the end of Avenue B, approximately 101.4 miles above Head of Passes. times.
(2) Ascending vessels. Ascending vessels shall not proceed farther up the (6) When towing in Southwest Pass during periods of darkness no tow
river than a line connecting the upper end of Atlantic Street Discharge shall consist of more than two towed vessels other than small craft, and
Light (on right descending bank) with the lower end of Desire Street Wharf during daylight hours no tow shall consist of more than three towed
(on left descending bank) when a red light is displayed. Vessels wailing for vessels other than small craft.
a change of signal shall keep clear of descending vessels. (Sec. 104, Pub. L. 92-340, 86 Stat. 424 (33 U.S.C. 1224); sec. 2, Pub.
(3) Descending vessels. L. 95-474, 92 Slat 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4))
(i) Descending vessels shall not proceed farmer down the river than a [CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78-080, 44 FR
line connecting the lower end of Julia Street Wharf (on left descending
47333, Aug. 16, 1979; CGD 86-049, 51 FR 27840, Aug. 4, 1986. Redesignated by
bank) with the vertical flagpole at Eastern Associated Terminals (on right
descending bank) when a red light is displayed. Vessels shall round to and CGD 90-20, 59 FR 36324, July 15, 1994, CGD 95-033, 60 FR 28333, May 31,
be headed upstream before they reach that line, if the signal remains 1995]
against the vessel. Vessels waiting for a change of signal shall keep clear
of ascending vessels. 165.811 Atchafalaya River, Berwick Bay, LA—regulated navigation
(ii) Vessels destined to a wharf above the lower end of Julia Street area.
Wharf shall signal the Gretna towerman three long blasts and one short (a) The following is a regulated navigation area: the waters of the
blast of a whistle or horn to indicate that the vessel is not bound below the Atchafalaya River in Berwick Bay bounded on the northside from 2, 000
Julia Street Wharf. yards north of the U.S. 90 Highway Bridge and on the southside from
(iii) The master, pilot, or authorized representative of any vessel 4, 000 yards south of the Southern Pacific Railroad (SPRR) Bridge.
scheduled to depart from a wharf between Governor Nicholls Light and (b) Within the regulated navigation area described in paragraph (a) of
Louisiana Avenue, bound downstream around Algiers Point, shall this section, §161.40 of this chapter establishes a VTS Special Area for
communicate with the Governor Nicholls Light towerman by telephone to waters within a 1000 yard radius of the SPRR Bridge.
determine whether the channel at Algiers Point is clear before departure. (c) When the Morgan City River gauge reads 3.0 feet or above mean sea
When the point is clear, vessels shall then proceed promptly so that other level, in addition to the requirements set form in §161.13 of this chapter,
traffic will not be unnecessarily delayed. the requirements of paragraph (d) and (e) of this section apply to a towing
Note: Telephone numbers of born signal towers will be published in vessel which will navigate:
navigation bulletins in advance of each operating period. (1) under the lift span of the SPRR Bridge; or
(4) Minor changes. The District Commander is authorized to waive (2) through the navigational opening of the U.S. 90 Highway Bridge: or
operation or suspension of the lights whenever prospective river stages make (3) through the navigational opening of the Highway 182 Bridge.
it appear that the operation or suspension will be required for only a brief (d) Towing requirements.
period of time or when river stages will rise or 611 below the critical stage (1) Towing on a hawser is not authorized, except that one self-propelled
which is established for operation or suspension by only a few tenths on vessel may tow one other vessel without barges upbound;
the Carrollton Gage. (2) A towing vessel and barges must be arranged in tandem, except that
(5) Underpowered vessels. When the Carrollton Gage reads 12 feet or one vessel may tow one other vessel alongside;
higher, any vessel which is considered by the master or pilot as being (3) Length of tow must not exceed 1, 180 feet; and
underpowered or a poor handler shall not navigate around Algiers Point (4) Tows with a box end in the lead must not exceed 400 feet in length.
without the assistance of a tug or tugs. Note: The variation in the draft and the beam of the barges in a multibarge
(6) Towing. When the Carrollton Gage reads 12 feet or higher, towing tow should be minimized in order to avoid unnecessary strain on
on a hawser in a downstream direction between Julia Street and Desire coupling wires.
Street is prohibited except by special permission of the District Commander. (e) Horsepower Requirement
(d) Navigation of South and Southwest Passes. (1) The following requirements apply to a towing vessel of 3, 000 hp or
(1) No vessel, except small craft and towboats and tugs without tows, less:
shall enter either South Pass or Southwest Pass from the Gulf until after
any descending vessel which has approached within two and one-half (21/2) Table 165.811(e)—Minimum Available Horsepower Requirement
miles of the outer end of the jetties and visible to the ascending vessel shall [The greater value listed ]
have passed to sea.
(2) No vessel having a speed of less than ten mph shall enter South Pass
Direction of tow Daytime (sunrise Nighttime (sunset
from the Gulf when the stage of the Mississippi River exceeds 15 feet on
the Carrollton Gage at New Orleans. This paragraph does not apply when to sunrise) to sunset)
Southwest Pass is closed to navigation. Upbound. ......... 400hp or (Length 600hp or (Length
(3) No vessel, except small craft and towboats and tugs without tows, of tow—300ft) x 3 of tow—200ft) x 3
ascending South Pass shall pass Franks Crossing Light until after a Downbound......... 600hp or (Length 600hp or (Length
descending vessel shall have passed Depot Point Light of tow—200ft) x 3 of tow) x 3.
(4) No vessel, except small craft and towboats and tugs without tows,
Note: A 5% variance from the available horsepower is authorized.
(2) All tows carrying cargoes of particular hazard as defined in §160.203
of this chapter must have available horsepower of at least 600 hp or three
times the length of tow, whichever is greater.

33 CFR PART 165


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360
M.E.T. PUBLICATION 515 — 5TH EDITION
(f) Notice of Requirements. Notice that these rules are anticipated to be 81°42'24.5"W, which is the southern side of the Conrail No. 1 railroad
put into effect, or are in effect, will be given by: bridge, southeasterly along the shore for six hundred (600) feet to the point
(1) Marine information broadcasts; where the shoreline intersects longitude 81°42'24.5"W, which is the end of
(2) Notices to mariners; the lot adjacent to Pagan's Restaurant
(3) Vessel Traffic Center advisories or upon vessel information request; (2) One hundred (100) feet downriver to one hundred (100) feet upriver
and from 41 degrees 29'53.5"N, 81 degrees 42'33.5"W, which is the knuckle
(4) Visual displays on top of the SPRR Bridge, consisting of: on the north side of the Old River entrance at Ontario Stone.
(i) Two vertically arranged red balls by day; or (3) Fifty (50) feet downriver to fifty (50) feet upriver from 41 degrees
(ii) Two vertically arranged flashing white lights by night 29'48.4"N, 81 degrees 42'44"W, which is the knuckle adjacent to the
Note: Visual displays are not shown during precautionary periods (when Ontario Stone warehouse on the south side of the Old River.
the Morgan City River Gauge reads 2.5 feet above mean sea level). (4) From 41 degrees 29'51.1"N, 81 degrees 42'32.0"W, which is the
However, precautionary notices will be issued via marine notice to comer of Nicky's pier at Sycamore Slip on the Old River, to fifty (50) feet
mariners, notice to mariners, VTC advisories or vessel information east of 41 degrees 29'55.1"N, 81 degrees 42'27.6"W, which is the north
requests, when water level remains at or above 2.5 feet Visual displays are point of the pier at Shooter's Restaurant on the Cuyahoga River.
Class I, private aids to navigation maintained by SPRR Bridge. (5) Twenty-five (25) feet downriver to twenty-five (25) feet upriver of
[CGD 90-020, 59 FR 36334, July 15, 1994, as amended by CGD 954133, 60 FR 41 degrees 29'48.9"N, 81 degrees 42'10.7"W, which is the knuckle toward
28333, May 31, 1995] the downriver corner of the Nautica Stage.
(6) Ten (10) feet downriver to ten (10) feet upriver of 41 degrees
Ninth Coast Guard District
29'45.5"N, 81 degrees 42'9.7"W, which is the knuckle toward the upriver
165.901 Great Lakes—regulated navigation areas.
comer of the Nautica Stage.
(a) Lake Huron. The following are regulated navigation areas:
(1) The waters of Lake Huron known as South Channel between Bois (7) The fender on the west bank of the river at 41 degrees 29'45.2"N, 81
Blanc Island and Cheboygan, Michigan; bounded by a line north from degrees 42.10"W, which is the knuckle at Bascule Bridge (railroad).
Cheyboygan Crib Light (LL-1340) at 45°39'48"N, 84°27'36"W; to Bois (8) The two hundred seventy (270) foot section on the east bank of the
Blanc Island at 45°43'42"N, 84°27'36"W; and a line north from the river between the Columbus Road bridge (41 degrees 29'18.8"N, 81
mainland at 45°43'00"N, 84°35'30"W; to the western tangent of Bois Blanc degrees 42'02.3W) downriver to the chain link fence at the upriver end of
Island at 45°48'42"N, 84°35'30"W. the Commodores Club Marina.
(2) The waters of Lake Huron between Mackinac Island and St. Ignace, (9) Fifty (50) feet downriver of twenty-five (25) feet upriver from 41
Michigan, bounded by a line east from position 45°52'12"N, 84°43'00"W; degrees 29'24.5"N, 81 degrees 41'57.2"W, which is the knuckle at the
to Mackinac Island at 45°52'12"N, 84°39'00"W; and a line east from the Upriver Marine fuel pump.
mainland at 45°53'12"N, 84°43'30"W; tome northern tangent of Mackinac (10) Seventy-five (75) feet downriver to seventy-five (75) feet upriver
Island at 45°53'12"N, 84°38'48"W. from 41 degrees 29'33.7"N, 81 degrees 41'57.5"W. which is the knuckle
(b) Lake Michigan. The following is a regulated navigation area—The adjacent to the warehouse at Alpha Precast Products (United Ready Mix).
waters of Lake Michigan known as Gray's Reef Passage bounded by a line (11) Fifteen (15) feet downriver to fifteen (15) feet upriver from 41
from Gray's Reef Light (LL-2006) at 45°46'00"N, 85°09'12"W; to White degrees 29'41"N, 81 degrees 41'38.6"W, which is the end of the chain link
Shoals Light (LL-2003) at 45°50'30"N, 85°08'06"W; to a point at fence between Jim's Steak House and Shippers C & D.
45°49'12"N, 85°04'48"W; then to a point at 45°45'42"N, 85°08'42"W; (b) Regulations—
then to the point of beginning. (1) General Rule. Except as provided below, entry of any kind or for any
(c) Regulations. The COTP, Sault Ste. Mane, will close and open these purpose into the foregoing zones is strictly prohibited in accordance with
regulated navigation areas as ice conditions dictate. Under normal seasonal the general regulations in §165.23 of this part.
conditions, only one closing each winter and one opening each spring are (2) Exceptions. Any vessel may transit, but not moor, stand or anchor in,
anticipated. Prior to the closing or opening of the regulated navigation the foregoing zones as necessary to comply with the Inland Navigation
areas, the COTP will give interested parties, including born shipping Rules or to otherwise facilitate safe navigation. Cargo vessels of 1600 gross
interests and island residents, not less than 72 hours notice of the action. tons (GT) or greater may moor in these zones when conducting cargo
No vessel may navigate in a regulated navigation area which has been transfer operations.
closed by the COTP. Under emergency conditions, the COTP may (3) Waivers. Owners or operators of docks wishing a partial waiver of
authorize specific vessels to navigate in a closed regulated navigation area. these regulations may apply to the Captain of the Port, Cleveland, Ohio.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 794126, 48 FR Partial waivers will only be considered to allow for the mooring of vessels
35408, Aug. 4, 1983] in a safety zone when vessels of 1600 GT on greater are not navigating in
the proximate area. Any requests for a waiver must include a plan to ensure
immediate removal of any vessels moored in a safety zone upon the
165.902 Niagara River at Niagara Falls, New York—safety zone.
approach of a vessel (s) 1600 GTs or greater.
(a) The following is a safety zone—The United States waters of the
[COTP Cleveland REG 89-01, 54 FR 9778, Mar. 8, 1989; 61 FR 37684, July
Niagara River from the crest of the American and Horseshoe Falls, Niagara
19,1996]
Falls, New York to a line drawn across the Niagara River from the
downstream side of the mouth of Gill Creek to the upstream end of the
breakwater at the mouth of the Wetland River. 165.904 Lake Michigan at Chicago Harbor & Burnham Park
Harbor—Safety and Security Zone.
(a) Location. All waters, waterfront facilities, and shoreline areas within
165.903 Safety Zones: Cuyahoga River and Old River, Cleveland, OH.
1000 yards of the shoreline surrounding Merrill C. Meigs Airfield
(a) Location. The waters of the Cuyahoga River and the Old River
constitute a safety and security zone. This includes all waters including
extending ten feet into the river at the following eleven locations, including
Burnham Park Harbor and the southern part of Chicago Harbor, Lake
the adjacent shorelines, are safety zones, coordinates for which are based
Michigan, bounded by the following coordinates:
on NAD 83.
(1) Northwest point 41°52'33"N, 87°36'58"W
(1) From the point where the shoreline intersects longitude (2) Northeast point 41°52'33"N, 87°35'41"W

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M.E.T. PUBLICATION 515 — 5TH EDITION
(3) Southeast point: 41°50'42"N, 87°35'41"W Ferrnin Light (33°42'18"N, 118°17'36"W); thence along the shoreline to the
(4) Southwest point 41°50'42"N, 87°36'33"W San Pedro breakwater; thence along the San Pedro breakwater and the
(5) From the southwest point, north along the Lake Michigan shoreline, Middle breakwater (following the COLREGS Demarcation Lines) to Long
including Burnham Park Harbor, to the northwest point Beach Channel Entrance Light "2" (33°43'23"N, 118°10'50"W)' thence
(b) Effective times and dates. This safety and security zone will be in south southeast to 33°40'31"N, 118°08'42"W; thence west to 33°40'31"N,
effect at various times to be published in the Coast Guard Local Notice to 118°12'03"W; thence west southwest to 33°39'17"N, 118°16'00"W; thence
Mariners or broadcasted via Marine Radio VHF-FM Channels 16 & 22. northwest to 33°40'06"N, 118°17'38"W; thence north to the point of
These times will include the actual effective time and date and the beginning. [Datum: MAD 1983]
termination time and date. (b) Regulations. In accordance with the general regulations in § 165-23
(c) Restrictions. of this part, entry into, transit through, or anchoring within these zones is
(1) In accordance with the general regulations in section 165.23 and prohibited subject to the following exceptions:
165.33 of this part, entry into this zone is prohibited, unless authorized by (1) Entry may be authorized by the Captain of the Port; or
fee U.S. Coast Guard Captain of the Port, Chicago, or the U.S. Secret (2) Vessels already anchored or moored when the safety zone is in effect
Service. Other general requirements in §§165.23 and 165.33 also apply. are not required to get underway to avoid entering into the safely zone
Further, no person may enter or remain in the shoreline areas of the boundaries as listed in paragraph (a) of this section.
established safety and security zone, unless cleared by a Coast Guard or (c) Notice. The Captain of the Port will notify the maritime community
U.S. Secret Service official. of periods during which this safety zone will be in effect via Broadcast
(2) Vessels in Burnham Park Harbor at the commencement of the safety Notice to Mariners.
and security zone must be moored and remain moored while the safety and [61 FR 60028, Nov. 26, 1996]
security zone is established, unless authorized to get underway by a Coast
Guard or U.S. Secret Service official. 165.1102 Security Zone: San Diego Bay, California.
(3) No person may engage in swimming, snorkeling, or diving within the (a) Location. The following area is a security zone: The water area
established safety and security zone, except with the permission of the within Naval Station, San Diego, California, described as follows:
Captain of the Port or U.S. Secret Service. Commencing at a point at the mourn of Chollas Creek, at latitude
[CGD09-94-005, 59 FR 45227, Sept. 1, 1994] 32°41'12.5"N, longitude 117°07'0.57.0"W, (Point A), for a place of
beginning; thence southwesterly to a point on the U.S. Pierhead Line 100
165.905 USX Superfund Cite Safety Zones: St. Louis River. yards (92 meters) northwest of the head of Pier 1, at latitude 32°41 '05.8"N,
(a) The following areas of the St. Louis River, within the designated longitude 117°08'05.6"W, (Point B); thence southeasterly along the U.S.
boxes of latitude and longitude, are safety zones: Pierhead Line to the south side of Pier 13 (Point C); thence northeasterly
(1) Safely Zone #1 (North Spirit Late): along the south side of Pier 13 to the shoreline of the Naval Station (Point
North Boundary: 46°41'33"W D); thence generally northwesterly along the shoreline of the Naval Station
South Boundary: 46°41'18"W to the place of beginning (Point A).
East Boundary: 92°11'53"W (b) Regulations. In accordance with the general regulations in §165.33
West Boundary: 92°12'11"W of this part, entry into the area of this zone is prohibited unless authorized
(2) Safety Zone #2 (South Spirit Lake): by the Captain of the Port, the Commander, Naval Base San Diego, or the
North Boundary: 46°40'45"N Commanding Officer, Naval Station, San Diego. Section 16533 also
South Boundary: 46°40'33"N contains other general requirements.
East Boundary: 92°11'40"W [COTP San Diego Reg. 85-21, 51 FR 8198, Mar. 10, 1986]
West Boundary: 92°12'05"W
(b) Transit of vessels through the waters covered by these zones is
165.1103 Security Zone: San Diego Bay, California.
prohibited. Swimming (including water skiing or other recreational use of
(a) Location. The following area is a security zone: The water area
the water which involves a substantial risk of immersion in the water) or
adjacent to the Naval Ocean Systems Center, San Diego, California,
taking of fish (including all forms of aquatic animals) from the waters
and the Naval Supply Center, San Diego, California, described as
covered by these safety zones is prohibited at all times.
follows:
[CGD09-026, 60 FR 52862, Oct. 11, 1995]
Commencing at a point on the shoreline of Point Loma, at latitude
Eleventh Coast Guard District 32°4l'57.8"N, longitude 117°14'17.5"W (Point A), for a place of beginning;
165.1101 Safety Zone: San Pedro Bay, CA. thence easterly to latitude 32°41'56.0"N, longitude 117°14'09.9"W
(a) Location. The following areas are established as safety zones during (Point B); thence northeasterly to latitude 32°42'03.8"N, longitude
the specified conditions: 117°14'04.7"W (Point C); thence northeasterly to latitude 32°42'10.2"N,
(1) The waters within a 500 yard radius around a liquefied hazardous gas longitude 117°14'00.6"W (Point D); thence northwesterly to latitude
tank vessel (LHG T/V), while the vessel is anchored at a designated 32°42'14.6"N, longitude 117°14'02.1"W (Point E); thence northwesterly
anchorage area either inside the Federal breakwaters bounding San Pedro to latitude 32°42'22.7"N, longitude 117°14'05.8"W (Point F); thence
Bay, or anchored outside the breakwaters at designated anchorage areas northwesterly to latitude 32°42'28J"N, longitude 117°14'08.4"W (Point
within three (3) miles of the breakwaters; G); thence westerly to latitude 32°42'283"N, longitude 117°14'09.6"W
(2) The waters and land area within 50 yards of a LHG T/V, while the (Point H); thence generally southerly along the shoreline of Point Loma to
vessel is moored at any berth within the Los Angeles or Long Beach port the place of beginning (Point A).
area, inside the Federal breakwaters bounding San Pedro Bay; (b) Regulations. In accordance with the general regulations in §165.33
(3) The waters 1000 yards ahead of and within 500 yards of all other of this part, entry into the area of this zone is prohibited unless authorized
sides of a LHG T/V, while the vessel is underway on the waters inside the by the Captain of the Port, the Commander, Naval Base, San Diego, the
Federal breakwaters encompassing San Pedro Bay, or within the waters Commander, Naval Ocean Systems Center, San Diego, or the Commanding
three (3) miles outside of the Federal breakwaters in an area more Officer, Naval Supply Center, San Diego. Section 165.33 also contains
particularly described as follows: Beginning at a point which is Point other general requirements.
[COTP San Diego Reg. 85-20, 51 FR 8197, Mar. 10, 1986]

33 CFR PART 165


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M.E.T. PUBLICATION 515 — 5TH EDITION
165.1104 Security Zone: San Diego Bay, California. A), for a point of beginning; thence southeasterly to latitude 32°43'36.2"N,
(a) Location. The following area is a security zone: The water area longitude 117°10'41.5"W (point B); thence southwesterly to latitude
adjacent to Naval Submarine Base, San Diego, California, described as 32°43'20.2"N, longitude 117°10'49.5"W (point C); thence northwesterly
follows: to latitude 32°43'25.7"N, longitude 117°ll'04.6"W (point D); thence
Commencing at a point on the shoreline of Ballast Point, at latitude northeasterly to latitude 32°43'35.7"N, longitude 117°10'59.5"W (point E);
32°41'11.2"N., longitude 117°13'57.0"W. (Point A), for a place of thence generally easterly along the air station boundary to the point of
beginning; thence northerly (approximately 352 °T) to latitude 32°41 beginning (point A).
'31.8"N., longitude 117°14'00.6"W (Point B); thence westerly (b) (1) In accordance with the general regulations in §165.23 of this part,
(approximately 243°T) to latitude 32°41'24.5"N., longitude 117°14'18.7"W. entry into the area of this zone is prohibited unless authorized by the
(Point C); thence generally southeasterly along the shoreline of the Naval Captain of the Port, except as provided for below.
Submarine Base to the place of beginning (Point A). (2) Vessels may transit the area of this safety zone without permission,
(b) Regulations. In accordance with the general regulations in but may not anchor, stop, remain within the zone, or approach within 100
§165.33 of this part, entry into the area of this zone is prohibited unless yards (92 meters) of the land area of Coast Guard Air Station San Diego
authorized by the Captain of the Port, the Commander, Naval Base or structures attached thereto.
San Diego, or the Commander, Submarine Force, U.S. Pacific Fleet [CGD 85-034, 50 FR 14703, Apr. 15, 1985 and COTP San Diego Reg. 85-06, 50
Representative, West Coast. Section 165.33 also contains other general FR 38003, Sept. 19, 1985]
requirements.
[COTP San Diego Reg. 85-19, 51 FR 8197, Mar. 10, 1986] 165.1108 San Diego Bay, California.
(a) Location. The area encompassed by the following geographic
165.1105 Security Zone: San Diego Bay, California. coordinates is a regulated navigation area:
(a) Location. The following area is a security zone: The water area
adjacent to Naval Air Station North Island, Coronado, California, and
within 100 yards (91.5 meters) of the Cruiser (J-K) Pier and within 300 Latitude Longitude
yards (275 meters) of the Carrier (L-P) Pier, described as follows:
From a point on the shoreline of Naval Air Station North Island, on 32°41'24.6"N 117°14'21.9"W
North bland, Coronado, California, at latitude 32°42'47.5"N., longitude 32°41'34.2"N 117°13'58.5"W
117°11'25.0"W. (Point A), for a place of beginning; thence northeasterly 32°41'34.2"N 117°13'37.2"W
to latitude 32°42'52.0"N., longitude 117°11'21.5"W. (Point B); thence
southeasterly to latitude 32°42'44.5"N., longitude 117°11'11.0"W. (Point
C); thence southerly to latitude 32°42'31.0"N., longitude 117°11'16.4"W. Thence south along the shoreline to
(Point D); thence southeasterly to latitude 32°42'21.4"N., longitude
117°10'44.5"W. (Point E); thence southerly to latitude 32°42'12.8"N.,
longitude 117°10'47.8"W. (Point F); thence generally northwesterly along Latitude Longitude
the shoreline of Naval Air Station North Island to the place of beginning
(Point A). 32°41'11.2"N 117°13'31.3"W
(b) Regulations. In accordance with the general regulations in §165.33 32°41'11.2"N 117°13'58.5"W
of this part, entry into the area of this zone is prohibited unless authorized
by the Captain of the Port, the Commander, Naval Air Force, U.S. Pacific Thence north along the shoreline to the point of origin.
Fleet, the Commander, Naval Base San Diego, or the Commanding Officer, Datum: NAD 1983.
Naval Air Station North Island. Section 16533 also contains other general (b) Regulations.
requirements. (1) During submarine docking/undocking operations at the U.S. Naval
[COTP San Diego Reg. 85-17, 51 FR 8196, Mar. 10, 1986] Submarine Base on Ballast Point, San Diego Bay, California, mariners
transiting within the regulated navigation area shall proceed at a speed that
165.1106 Security Zone: San Diego Bay, California. generates no wake from their vessel.
(a) Location. (2) The Coast Guard will issue a Broadcast Notice to Mariners, and if
(1) The following area is a security zone: The water area adjacent to time permits a Local Notice to Mariners, to inform the maritime community
Naval Air Station North Island, Coronado, California, and within 100 yards of the dates and times of the submarine docking/undocking
(91 meters) of Bravo Pier, and vessels moored thereto, bounded by the operations covered by paragraph (b) (1).
following points (when no vessel is moored at the pier): (3) The master and/or operator of a vessel within the regulated navigation
(i) Latitude 32°41'53.0"N, Longitude 117°13'33.6"W; area shall comply with any other orders or directions issued by the
(ii) Latitude 32°41'53.0"N, Longitude 117°13'40.6"W; Coast Guard as required for the safety of the submarine docking/undocking
(iii) Latitude 32°'41'34.0"N, Longitude 117°13'40.6"W; operations covered by paragraph (b) (1).
(iv) Latitude 32°41'34.0"N, Longitude 117°13'34.1"W.
[CGD11-90-07, 56 FR 14645, Apr. 11, 1991; 56 FR 40360, Aug. 14, 1991]
(2) Because the area of this security zone is measured from the pier and
from vessels moored thereto, the actual area of this security zone will be
larger when a vessel is moored at Bravo Pier. 165.1109 San Pedro Bay, California—Regulated navigation area.
(b) Regulations. In accordance with the general regulations in (a) Location. The following is a regulated navigation area: The water
§165.33 of this part, entry into the area of this zone is prohibited unless area of San Pedro Bay encompassed by the following geographic
authorized by the Captain of the Port or the Commanding Officer, coordinates:
Naval Air Station North Island. Section 165.33 also contains other general From Point Fermin Light (33°42'18"N, 118°17'36"W) thence along the
requirements. shoreline to the San Pedro Breakwater, thence along the San Pedro
[COTP San Diego Reg. 85-11, 51 FR 3776, Jan. 30, 1986. as amended at 52 FR Breakwater and the Middle Breakwater (following the COLREGS
Demarcation Lines) to Long Beach Channel Entrance Light "2"
8893, Mar. 20, 1987]
(33°42'42"N,
165.1107 San Diego Bay, California—safety zone.
(a) The waters of San Diego Bay enclosed by the following boundaries
are a safety zone:
From a point located on the boundary of Coast Guard Air Station San
Diego, California at latitude 32°43'37.2"N, longitude 117°10'45.0"W (point

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363
M.E.T. PUBLICATION 515 — 5TH EDITION
118°14'42"W), thence south southeast to 33°40'31"N, 118°08'42"W; (33°42'42"N, 118°14'42"W); thence eastward along the middle breakwater
thence west to 33°40'31"N, 118°12'03"W; thence west southwest to to Long Beach Light (33°43'24"N, 118°11'12"W); thence south to
33°39'17"N, 118°16'00"W; thence northeast to 33°40'06"N, 118°17'38"W; 33°43'053"N, 118°11'15.3"W; thence westerly to 33°43'05.3"N,
thence north to the point of origin. 118°12'15.7"W; thence southwesterly parallel to the breakwater to
[Datum: NAD 1383] 33°42'29.9"N, 118°14'16.0"W; thence to the point of origin, unless such
(b) Pilot areas. There are two pilot areas within the regulated navigation vessel is:
area described in paragraph (a). They are defined as follows: (i) In an emergency;
(1) The Los Angeles Pilot Area is enclosed by a line beginning at Los (ii) Proceeding to anchor in or departing Commercial Anchorage G;
Angeles Light (33°42'30"N, 118° 15'06"W); thence easterly to Los Angeles (iii) Standing by with confirmed pilot boarding arrangements; or,
Main Channel Entrance Light 2 (33°42'42"N, 118°14'42"W); thence (iv) Engaged in towing vessels to or from Commercial Anchorage G, or
southeasterly to 33°41'36.2" (N, 118°13'46.2"W; thence southwest to to or from the waters between Commercial Anchorage G and the Middle
33°41'13.9"N, 118°14'55.4"W; thence north to the point of origin. Breakwater.
[Datum: NAD 1983] [CCGD11-93-007, 59 FR 5953, Feb.9, 1994]
(2) The Long Beach Pilot Area is enclosed by a line beginning at Long
Beach Light (33°43'24"N, 118°11'12"W); thence easterly to Long Beach 165.1110 Safety Zone: Los Angeles Harbor—San Pedro Bay, CA
Channel Entrance Light 2 (33°43'24"N, 118°10'48"W); thence southerly (a) Location. All waters within the following boundaries are established
to 33°42'09.1"N, 118°10'26.2"W; thence west to 33°42'09.1"N, as a safety zone.
118°11'35.5"W; thence northeasterly to the point of origin. (1) Pier 400. The waters of Los Angeles Harbor encompassing the rock
[Datum: NAD 1983] dike and landfill for the construction of Pier 400 as defined by the line
(c) Definitions. For the purposes of this section: connecting the following coordinates:
(1) Floating plant—means any vessel, other than a vessel underway and
making way, engaged in any construction, manufacturing, or exploration
operation. Latitude Longitude
(2) Vessel—mesas every description of watercraft, used or capable of
being used as a means of transportation on water. 33°44'29"N 118°14'14"W.
(d) The following regulations apply to all vessels while operating within 33°43'48"N 118°13'56"W.
the regulated navigation area: 33°42'53"N 118°14'35"W.
(1) Los Angeles Pilot Area: 33°42'49"N 118°14'48"W.
(i) No vessel may enter the Los Angeles Pilot Area unless it is entering 33°42'56"N 118°15'32"W.
or departing the Los Angeles Main Channel via the Los Angeles Harbor 33°43'51"N 118°15'53"W.
Entrance (Angel's Gate).
(ii) Vessels entering the Los Angeles Pilot Area shall pass directly
and thence along the shoreline to the point of origin.
through without stopping or loitering unless stopping is necessary to
(2) Shallow water habitat. The waters of Los Angeles Harbor
embark or disembark a pilot
encompassing
(iii) Vessels shall leave Los Angeles Approach Lighted Bell Buoy "LA"
the rock dike and landfill for the development of a permanent shallow
to port when entering and departing Los Angeles Main Channel;
water
(2) Long Beach Pilot Area:
habitat, as defined by the line connecting the following coordinates:
(i) No vessel may enter the Long Beach Pilot Area unless it is entering
or departing Long Beach Harbor Entrance (Queen's Gate).
(ii) Every vessel entering the Long Beach Pilot Area shall pass directly
Latitude Longitude
thorough without stopping or loitering unless stopping is necessary to
embark or disembark a pilot 33°42'24"N 118°16'28"W.
(iii) Every vessel shall leave Long Beach Approach Lighted Whistle 33°42'36"N 118°16'22"W.
Buoy "LB" to port when entering and departing Long Beach Channel and 33°42'38"N 118°16'12"W.
departing vessels shall pass across the southern boundary of the Long 33°42'45"N 118°16'07"W.
Beach Pilot Area. 33°42'47"N 118°15'55"W.
(e) The following regulations contained in paragraphs (e) (1) through 33°42'28"N 118°15'16"W.
(e) (4) apply to vessels 30 meters (approximately 98 feet) or over in length,
towing vessels of 8 meters (approximately 26 feet) or over in length
engaged in towing, vessels of 100 gross tons and upward carrying one or and thence along the San Pedro Breakwater to the point of origin.
more passengers for hire while navigating, and each dredge and floating (b) Effective date. This section is effective beginning 12: 01 a.m. PDT on
plant engaged in operations in the regulated navigation area: September 6, 1994. It will remain in effect until canceled by the Captain
(1) Such vessel's speed shall not exceed 12 knots; of the Port.
(2) All verbal contact between such vessels shall be communicated in the (c) Regulations. In accordance with the general regulations in §165.23
English language. No such vessel may enter or transit within the regulated of this part, entry into, transit through, or anchoring within this zone by
navigation area unless there is at least one person on the bridge vessels not involved in the development of the shallow water habitat or the
immediately available to communicate with offer vessels in the English construction of Pier 400 is prohibited unless authorized by the Captain of
language; the Port Los Angeles-Long Beach, CA.
(3) When such vessels in the regulated navigation area encounter [COTP Los Angeles-Long Beach, 94-004 53 FR 48174, Sept. 7, 1994]
meeting, crossing, or overtaking situations as defined by the International
Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) the 165.1111 Security Zone: Wilson Cove, San Clemente Island, California.
master, pilot or person in charge of each such vessel shall make verbal (a) Location. The following area is a security zone: The water area
passing arrangements with the other over radiotelephone in addition to adjacent to San Clemente Island, California within 1.5 nautical miles (1.73
sound signal requirements of the 72 COLREGS; statute miles, 2.8 kilometers) of the shoreline of San Clemente Island from
(4) No such vessel may enter the waters between Commercial Wilson Cove North End Light (LLNR 2565) to Spruce Pier, approximately
Anchorage G and the Middle Breakwater as defined by an area enclosed by 4.1 nautical miles (4.7 statute miles, 7.65 kilometers) southeast of Wilson
a line beginning at Los Angeles Main Channel Entrance Light 2 Cove North End Light, described as follows:

33 CFR PART 165


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M.E.T. PUBLICATION 515 — 5TH EDITION
Starting at a point on the shoreline of San Clemente Island, Datum: NAD 83
California, in position 33°01'25.0"N, 118°33'43.0"W, for a place of (B) Golden Gate Precautionary Area: An area bounded by a line
beginning (point A), thence northeasterly to 33°02'11.0"N, connecting the following coordinates beginning at:
1I8°32'13.5"W (point B), thence southeasterly to 32 °58'40.5"N, 37°48'30"N, 122°29'29"W; thence to
118°29'15.5"W (point C), thence southwesterly to 32°57'54.0"N, 37°48'52"N, 122°28'41"W; thence to
118°31' 17.2"W (point D), thence northwesterly along the shoreline of 37°48'52"N, 122°27'49"W; thence to
San Clemente Island to the place of beginning. 37°49'36"N, 122°27'46"W; thence to
(b) Regulations. In accordance with the general regulations in §165.33 37°49'55"N, 122°28'09"W; thence to
of this part, entry into the area of this zone is prohibited unless authorized 37°49'28"N, 122°28'45"W; thence to
by the Captain of the Port, San Diego, California. Section 165.33 also 37°49'03"N, 122°29'52"W; thence returning to the point of beginning.
contains other general requirements.
[COTP San Diego Reg. 87-04, 52 FR 18230, May 14, 1987] Datum: NAD 83
(C) Central Bay Traffic Lanes.—
165.1114 San Francisco Bay Region, California—regulated navigation (1) Westbound traffic lane: Bounded by the Central Bay precautionary
area. area and the Golden Gate precautionary area, between the Central Bay and
(a) Applicability. This section applies to all vessels unless otherwise the Deep Water Traffic Lane separation zones.
specified. (2) Eastbound traffic lane: Bounded by the Golden Gate precautionary
(b) Deviations. The Captain of the Port, San Francisco Bay, or the area and the Central Bay precautionary area, between the Central Bay
Commanding Officer, Vessel Traffic Service San Francisco, as a Separation Zone and a line connecting the following coordinates,
representative of the Captain of the Port, may authorize a deviation from beginning at:
the requirements of this regulation when it is deemed necessary in the 37°48'41"N, 122°25'17"W; thence to
interests of safety. 37°48'50"N, 122°26'14"W; thence to
(c) Regulated Navigation Areas,— 37°48'52"N, 122"27'49"W.
(1) San Francisco Bay RNA.
Datum: NAD 83
(i) The following is a regulated navigation area—The waters bounded by
a line connecting the following coordinates, beginning at: (3) Deep Water (two-way) Traffic Lane: Bounded by the Central Bay
37°47'18"N, 122°30'22"W; thence to precautionary area and the Golden Gate precautionary area, between the
37°48'55"N, 122°31'41"W; thence along the shoreline to Deep Water Traffic Lane and a line connecting the following coordinates,
37°50'38"N, 122°28'37"W; thence to beginning at:
37°50'59"N, 122°28'00"W; thence to 37°49'55"N, 122°28'09"W; thence to
37°51'45"N, 122°27'28"W; thence to 37°50'36"N, 122°27'12"W; thence to
37°52'58"N, 122°26'06"W; thence to 37°50'47"N, 122°26'26"W.
37°51'53"N, 122°24'58"W; thence to
37°51'53"N, 122°24'00"W; thence to Datum: NAD 83
37°51'40"N, 122°23'48"W; thence to (D) Central Bay Separation Zone: The area 75 yards each side of a line
37°49'22"N, 122°23'48"W; thence to connecting the following coordinates, beginning at
37°48'20"N, 122°22'12"W; thence to 37°49'17"N, 122°27'47"W; thence to
37°47'02-N, 122°21'33"W; thence to 37°49'35"N, 122°25'25"W.
37°47'02"N, 122°23'04"W; thence along the shoreline to the point of
beginning. Datum: NAD 83
(E) Deep Water Traffic Lane Separation Zone: The area 75 yards each
Datum: NAD 83
side of a line connecting the following coordinates, beginning at
(ii) The San Francisco Bay RNA consists of the following defined 37°49'36"N, 122°27'46"W; thence to
subareas: 37°50'22"N, 122°26'49"W; thence to
(A) Golden Gale Traffic Lanes.— 37°50'25"N, 122°26'22"W.
(1) Westbound traffic lane: Bounded by the Golden Gate precautionary
area and the COLREGS Demarcation Line (33 CFR 80.1142), between the Datum: NAD 83
separation zone and a line connecting the following coordinates: (F) Central Bay Precautionary Area: An area bounded by a line
37°48'30"N, 122°31'22"W; thence to connecting the following coordinates, beginning at:
37°49'03"N, 122°29'52"W. 37°48'41"N, 122°25'17"W; thence to
37°49'32"N, 122°25'13"W; thence to
Datum: NAD 83
37°50'25"N, 122°26'22"W; thence to
(2) Eastbound traffic lane. Bounded by the COLREGS Demarcation 37°50'47"N, 122°26'26"W; thence to
Line 37°51'04"N, 122°24'58"W; thence to
(33 CFR 80.1142) and the Golden Gate precautionary area, between the 37°51'53"N, 122°24'58"W; thence to
separation zone and a line connecting the following coordinates: 37°51'53"N, 122°24'00"W; thence to
37°47'50"N, 122°30'48"W; thence to 37°51'40"N, 122°23'48"W; thence to
37°48'30"N, 122°29'29"W. 37°49'22"N, 122°23'48"W; thence to
37°48'20"N, 122°22'12"W; thence to
Datum: NAD 83
37°47'02"N, 122°21'33"W; thence to
(3) Golden Gate Separation Zone: The area 75 yards each side of a line 37°47'02"N, 122°23'04"W; thence to
connecting the following coordinates: 37°47'02"N, 122°23'04"W; thence returning along the shoreline to the
37°48'08"N, 122°31'05"W; thence to point of beginning.
37°48'46"N, 122°29'40"W.
Datum: NAD 83

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M.E.T. PUBLICATION 515 — 5TH EDITION
(2) North Ship Channel RNA. The following is a regulated navigation 37°54'30"N, 122°24'00"W; thence returning to the point of beginning.
area—The waters bounded by a line connecting the following coordinates,
beginning at: Datum: NAD 83
37°51'53"N, 122°24'58"W; thence to
(7) Oakland Harbor RNA. The following is a regulated navigation
37°54'15"N, 122°27'27"W; thence to
area—The waters bounded by a line connecting the following coordinates,
37°56'06"N, 122°26'49"W; thence to
beginning at:
37°56'06"N, 122°26'34"W; thence to
37°48'40"N, 122°19'58"W; thence to
37°54'48"N, 122°26'42"W; thence to
37°48'50"N, 122°20'02"W; thence to
37°54'02"N, 122°26'10"W; thence to
37°48'20"N, 122°21'00"W; thence to
37°51'53°N, 122°24'00"W; thence to returning to the point of beginning.
37°48'15"N, 122°21'30"W; thence to
Datum: NAD 83 37°48'20"N, 122°22'12"W; thence to
(3) San Pablo Strait Channel SNA. The following is a regulated 37°47'26"N, 122°21'45"W; thence to
navigation area—The waters bounded by a line connecting the following 37°47'55"N, 122°21'26"W; thence to
coordinates, beginning at: 37°48'03"N, 122°21'00"W; thence to
37°56'06"N, 122°26'49"W; thence to 37°47'48"N, 122°19'46"W; thence to
37°57'26"N, 122°27'21"W; thence to 37°47'55"N, 122°19'43"W; thence returning along the shoreline to the
38°00'48"N, 122°24'45"W; thence to point of the beginning.
38°01'54"N, 122°22'24"W; thence to Datum: NAD 83
38°01'44"N, 122°22'18"W; thence to
37°57'37"N, 122°26'23"W; thence to (d) General Regulations.
37°56'06"N, 122°26'34"W; thence returning to the point of beginning. (1) A power-driven vessel of 1600 or more gross tons, or a tug with a
tow of 1600 or more gross tons, navigating within the RNAs defined in
Datum: NAD 83 paragraph (c) of this section, shall not exceed a speed of 15 knots through
(4) Pinole Shoal Channel RNA. The following is a regulated navigation the water.
area—The waters bounded by a line connecting the following coordinates, (2) A power-driven vessel of 1600 or more gross tons, or a tug with a
beginning at: tow of 1600 or more gross tons, navigating within the RNAs defined in
38°01'54"N, 122°22'25"W; thence to paragraph (c) of this section, shall have its engine (s) ready for immediate
38°03'13"N, 122°19'50"W; thence to maneuver and shall operate its engine (s) in a control mode and on fuel that
38°03'23"N, 122°18'31"W; thence to will allow for an immediate response to any engine order, ahead or astern,
38°03'13"N, 122°18'29"W; thence to including stopping its engine (s) for an extended period of time.
38°03'05"N, 122°19'28"W; thence to (3) The master, pilot or person directing the movement of a vessel within
38°01'44"N, 122°22'18"W; thence returning to the point of beginning. the RNAs defined in paragraph (c) of this regulation shall comply with
Rule 9 of the Inland Navigation Rules (INRs) (33 U.S.C. 2009) in
Datum: NAD 83
conjunction with the provisions of the associated INRs.
(5) Southern Pacific Railroad Bridge RNA. The following is a regulated (e) Specific Regulations.—
navigation area—The water area contained within a circle with a radius of (1) San Francisco Bay RNA:
200 yards, centered on 38°02'18"N, 122°07'17"W. (i) A vessel shall navigate with particular caution in a precautionary area,
or in areas near the terminations of traffic lanes or channels, as described
Datum: NAD 83
in this regulation.
(6) Southampton Shoal Channel/Richmond Harbor RNA: The following, (ii) A power-driven vessel of 1600 or more gross tons, or a tug with a
consisting of two distinct areas, is a regulated navigation area— tow of 1600 or more gross tons, shall:
(i) The waters bounded by a line connecting the following coordinates, (A) use the appropriate traffic lane and proceed in the general direction
beginning at: of traffic flow for that lane;
37°54'17"N, 122°22'00"W; thence to (B) use the Central Bay Deep Water Traffic Lane if eastbound with a
37°54'08"N, 122°22'00"W; thence to draft of 45 feet or greater or westbound with a draft of 28 feet or greater,
37°54'15"N, 122°23'12"W; thence to (C) not enter the Central Bay Deep Water Traffic Lane when another
37°54'30"N, 122°23'09"W; thence along the shoreline to the point of power-driven vessel of 1600 or more gross tons or tug with a tow of 1600
beginning.
or more gross tons is navigating therein when either vessel is:
Datum: NAD 83 (7) carrying certain dangerous cargoes (as denoted in section 160-203 of
this subchapter);
(ii) The waters bounded by a line connecting the following coordinates,
(2) carrying bulk petroleum products; or
beginning at:
(3) a tank vessel in ballast if such entry would result in meeting, crossing,
37°54'28"N, 122°23'36"W; thence to
or overtaking the other vessel.
37°54'20"N, 122°23'38"W; thence to
(D) normally join or leave a traffic lane at the termination of the lane,
37°54'23"N, 122°24'02"W; thence to
but when joining or leaving from either side, shall do so at as small an
37°54'57"N, 122°24'51"W; thence to
angle to the general direction of traffic flow as practicable;
37°55'05"N, 122°25'02"W; thence to
(E) so far as practicable keep clear of the Central Bay Separation Zone
37°54'57"N, 122°25'22"W; thence to
and the Deep Water Lane Separation Zone;
37°54'00"N, 122°25'13"W; thence to
(F) not cross a traffic lane separation zone unless crossing, joining, or
37°53'59"N, I22°25'22"W; thence to
leaving a traffic lane.
37°55'30"N, 122°25'35"W; thence to
(2) Pinole Shoal Channel RNA:
37°55'40"N, 122°25'10"W; thence to
(i) The use of Pinole Shoal Channel RNA is reserved for navigation of
37°54'54"N, 122°24'30"W; thence to
vessels with a draft greater than 20 feet or tugs with tows drawing more
than 20 feet. Vessels drawing less than 20 feet are not permitted within this
RNA and are prohibited from crossing it at any point

33 CFR PART 165 PAGE 26


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M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) A power-driven vessel of 1600 or more gross tons or a tug with a Fuca, Haro Strait, Boundary Pass, and Georgia Strait, and all lesser bays
tow of 1600 or more gross tons shall not enter Pinole Shoal Channel RNA and harbors adjacent to the above.
when another power-driven vessel of 1600 or more gross tons or tug with (a) Definitions as used in this section:
a tow of 1600 or more gross tons is navigating therein when either vessel (1) Vessels engaged in fishing are as identified in the definition found in
is: Rule 3 of the International Regulations for Prevention of Collisions at Sea,
(A) carrying certain dangerous cargoes (as denoted in section 160.203 of 1972, (72 COLREGS), found in Appendix A, Part 81 of this chapter.
this subchapter); (2) Hazardous levels of vessel traffic congestion are as defined at the
(B) carrying bulk petroleum products; or time by Puget Sound Vessel Traffic Service.
(C) a tank vessel in ballast if such entry would result in meeting, (b) This section is intended to enhance vessel traffic safety during
crossing, or overtaking the other vessel. periods and in locations where hazardous levels of vessel traffic congestion
(iii) Vessels permitted to use this channel shall proceed at a reasonable are deemed to exist by Puget Sound Vessel Traffic Service. Operations
speed so as not to endanger other vessels or interfere with any work which potentially creating vessel traffic congestion include, but are not limited to,
may become necessary in maintaining, surveying, or buoying the channel, vessels engaged in fishing, including gillnet or purse seine, recreational
and they shall not anchor in the channel except in case of a deviation fishing derbies, regattas, or permitted marine events.
authorized under paragraph (b) of this section. (c) General regulations.
(iv) This paragraph shall not be construed as prohibiting any necessary (1) Nothing in this section shall be construed as relieving any party from
use of the channel by any public vessels while engaged in official duties, their responsibility to comply with applicable rules set forth in the 72
or in emergencies by pilot boats. COLREGS.
(3) Southern Pacific Railroad Bridge (SNA): (2) Vessels engaged in fishing or other operations—that are distinct
(i) When visibility is less than 1000 yards within the Southern Pacific from vessels following a Traffic Separation Scheme (TSS) or a connecting
Railroad Bridge RNA, a power-driven vessel of 1600 or more gross tons, precautionary area east of New Dungeness, may not remain in, nor their
or a tug with a tow of 1600 or more gross tons: gear remain in, a traffic lane or a connecting precautionary area east of
(A) When eastbound, shall not transit through the RNA. New Dungeness when a vessel following a TSS approaches an area where
(B) When westbound: hazardous levels of vessel traffic congestion are deemed to exist Vessels
(1) During periods of reduced visibility and immediately prior to passing not following a TSS or a connecting precautionary area east of New
New York Point, the master, pilot, or person directing the movement of a Dungeness shall draw in their gear, maneuver, or otherwise clear these
vessel shall obtain a report of visibility conditions within the RNA. areas so that their action is complete and the traffic lane and connecting
(2) If visibility within the RNA is less than 1000 yards, the vessel shall precautionary area is clear at least fifteen minutes before the arrival of a
not transit the RNA. Vessels prevented from transiting due to low visibility vessel following the TSS. Vessels which are required by this section to
shall not proceed past Mallard Island until visibility improves to greater leave the traffic lane or connecting precautionary area must also remain
than 1000 yards within the RNA. clear of the adjacent separation zone when in a TSS east of New
(3) If a transit between New York Point and the Southern Pacific Dungeness.
Railroad Bridge has commenced, and the visibility subsequently should (3) Vessels engaged in fishing or other operations—that are distinct
become less than 1000 yards, the master, pilot, or person directing the from vessels following a TSS or a connecting precautionary area east
movement of a vessel shall comply with paragraph (b) of this section and of New Dungeness and which are not required by the Bridge to Bridge
may proceed, taking all former appropriate actions in the interest of safety. Radiotelephone Regulations to maintain a listening watch, are highly
(ii) Visibility is considered to be 1000 yards or greater when both the encouraged to maintain a listening watch on the Puget Sound Vessel
following geographical points can be seen from the Southern Pacific Traffic Service (PSVTS) VHF-FM radio frequency for the area in which
Railroad Bridge: the vessel is operating. A safe alternative to the radio listening watch is to
(A) The Port of Benecia Pier, and stay clear of the TSS.
(B) The Shell Martinez Pier. (4) Vessels engaged in fishing in a traffic lane or connecting
(4) Southampton Shoal/Richmond Harbor RNA: A. power-driven vessel precautionary area east of New Dungeness shall tend nets or other gear
of 1600 or more gross tons, or a tug with a tow of 1600 or more gross placed in the water so as to facilitate the movement of the vessel or
tons, shall not enter Southampton Shoal/Richmond Harbor RNA when gear from the traffic lane or precautionary area upon the approach of
another power-driven vessel of 1600 or more gross tons, or a tug with a a vessel following the TSS.
tow of 1600 or more gross tons, is navigating therein, if such entry would (5) Vessels engaged in gill net fishing at any time between sunset and
result in meeting, crossing, or overtaking the other vessel. sunrise in any of the above-listed waters shall, in addition to the navigation
(5) Oakland Harbor RNA: A power-driven vessel of 1600 or more gross lights and shapes required by Part 81 of this title (72 COLREGS), display
tons or a tug with a tow of 1600 or more gross tons shall not enter the at the end of the net most distant from the vessel an all-round (32-point)
Oakland Harbor RNA when another power-driven vessel of 1600 or more white light visible for a minimum of two nautical miles and displayed from
gross tons, or a tug with a tow of 1600 or more gross tons, is navigating at least three feet above the surface of the water.
therein, if such entry would result in meeting, crossing, or overtaking the (6) A vessel following the TSS may not exceed a speed of 11 knots
other vessel. through the water when transiting areas where hazardous levels of vessel
[CGD11-94-007, 60 FR 16796, Apr. 3, 1995, 60 FR 30157, June 7, 1995] traffic congestion are deemed to exist
(d) Prohibited fishing areas. Vessels engaged in fishing, including
gillnet and purse seine fishing, are prohibited in the following areas:
Thirteenth Coast Guard District
165.1301 Puget Sound, and Adjacent Waters in Northwestern (1) Edmonds/Kingston ferry crossing lanes, to include the waters within
Washington—Regulated Navigation Area. one-quarter nautical mile on either side of a straight line connecting the
The following is a regulated navigation area—All of the following Edmonds and Kingston ferry landings during the hours that the ferry is
northwestern Washington waters under the jurisdiction of the Captain of the operating.
Port, Puget Sound: Puget Sound, Hood Canal, Possession Sound, Elliott (2) The Hood Canal Bridge, to include the waters within a one-half
Bay, Commencement Bay, the San Juan Archipelago, Rosario Strait, nautical mile radius of the center of the main ship channel draw span
Guemes Channel, Bellingham Bay, U.S. waters of the Strait of Juan de during the immediate approach and transit of the draw by public
vessels.

PAGE 27 33 CFR PART 165


367
M.E.T. PUBLICATION 515 — 5TH EDITION
(e) Authorization to deviate from this section. 165.1303 Puget Sound and adjacent waters, WA—regulated navigation
(1) Commander, Thirteenth Coast Guard District may, upon written area.
request, issue an authorization to deviate from this section if the proposed (a) The following is a regulated navigation area: the waters of the United
deviation provides a level of safety equivalent to or beyond that provided States east of a line extending from Discovery Island Light to New
by the required procedure. An application for authorization must state the Dungeness Light and all points in the Puget Sound area north and south of
need for the deviation and describe the proposed alternative operation. these lights.
(2) PSVTS may, upon verbal request, authorize a deviation from this (b) Regulations.
section for a voyage, or part of a voyage, if the proposed deviation provides (1) Tank vessel navigation restrictions: Tank vessels larger than 125, 000
a level of safety equivalent to or beyond that provided by the required deadweight tons bound for a port or place in the United States may not
procedure. The deviation request must be made well in advance to operate in the regulated navigation area.
allow the requesting vessel and the Vessel Traffic Center (VTC) sufficient (2) A vessel in a precautionary area which is depicted on National
time to assess the safety of the proposed deviation. Discussions between Oceanic and Atmospheric Administration (NOAA) nautical charts, except
the requesting vessel and the VTC should include, but are not limited to, precautionary area "RB" (a circular area of 2, 500 yards radius centered at
information on vessel handling characteristics, traffic density, radar 48°26'24"N., 122°45'12"W.), must keep the center of the precautionary
contracts, and environmental conditions. area to port.
(3) In an emergency, the master, pilot, or person directing the movement Note: The center of precautionary area "RB" is not marked by a buoy.
of the vessel following the TSS may deviate from this section to the extent [CGD 90-020, 59 FR 36335, July 15, 1994]
necessary to avoid endangering persons, property, or the environment, and
shall report the deviation to the VTC as soon as possible.
165.1304 Bellingham Bay, Bellingham, WA—safety zone regulations.
[CGD 13-90-003, 59 FR 44321, Aug. 29, 1994] (a) Location. The following area is a safety zone: All portions of
Bellingham Bay bounded by the following coordinates: Latitude
165.1302 Bangor Naval Submarine Base, Bangor, WA. 48°44'09"N, Longitude 122°30'07"W; thence to Latitude 48°44'09"N,
(a) Location. The following is a security zone: The waters of the Hood Longitude 122°29'57"W; thence to Latitude 48°44'02"N, Longitude
Canal encompassed by a line commencing on the east shore of Hood Canal 122°29'57"W; thence to Latitude 48°44'02"N, Longitude 122°30'07"W;
at latitude 47°43'17"N., longitude 122°44'44"W., thence to latitude thence returning to the origin. This safety zone resembles a square centered
47°43'32"N., longitude 122°44'40"W.; thence to latitude 47°43'50"N., around the barge from which the fireworks demonstration will be launched.
longitude 122°44'40"W.; thence to latitude 47°44'24"N., longitude Floating markers will be placed by the sponsor of the fireworks
122°44'22"W.; thence to latitude 47°45'47"N., longitude 122°43'22"W.; demonstration to delineate the boundaries of the safety zone. [Datum: NAD
thence to latitude 47°6'23"N., longitude 122°42'42"W.; thence to latitude 1983].
47°46'23"N., longitude 122°42'20"W.; thence to latitude 47°46'20"N., (b) Effective dates. This section is effective annually on July fourth from
longitude 122°42'12"W.: thence southerly along the shoreline to the point 9: 30 p.m. to 11 p.m. unless otherwise specified by Federal Register notice.
of beginning. (c) Regulation. In accordance with the general regulations in §165.23 of
(b) Security zone anchorage. The following is a security zone anchorage: this part, entry into this safety zone is prohibited unless authorized by the
Area No. 2. Waters of Hood Canal within a dude of 1, 000 yards diameter Captain of the Port, Puget Sound, Seattle, WA.
centered on a point located at latitude 47°46'26"N., longitude [60 FR 61479, Nov.30, 1995]
122°42'49"W.
(c) Special Regulations.
165.1305 Commencement Bay, Tacoma, WA.
(1) Section 165.33 paragraphs, (a), (e), and (f) do not apply to the
(a) Location. The following area is a safety zone: All portions of
following vessels or individuals on board those vessels:
Commencement Bay bounded by the following coordinates: Latitude
(i) Public vessels of the United States, other than United States Naval
47°17'34"N, Longitude 122°28'36"W; thence to Latitude 47°17'06"N,
vessels.
Longitude 122°27'40"W; thence to Latitude 47°16'42"N, Longitude
(ii) Vessels that are performing work at Naval Submarine Base Bangor
122°28'06"W; thence to Latitude 47°17'10"W, Longitude 122°29'02"W;
pursuant to a contract with the United States Navy which requires their
thence returning to the origin. This safety zone resembles a rectangle lying
presence in the security zone.
adjacent to the shoreline along Ruston Way. Floating markers will be
(iii) Any other vessels or class of vessels mutually agreed upon in
placed by the sponsor of the event to delineate the boundaries of the safety
advance by the Captain of the Port and Commanding Officer, Naval
zone. [Datum: NAD 1983].
Submarine Base Bangor. Vessels operating in the security zone under this
(b) Effective dates. This section is effective annually on July the fourth
exemption must have previously obtained a copy of a certificate of
from 2 p.m. to 12: 30 a.m. July the fifth unless otherwise specified by
exemption permitting their operation in the security zone from the Security
Federal Register notice.
Office, Naval Submarine Base Bangor. This written exemption shall state
(c) Regulation. In accordance with the general regulations in §165.23 of
the date (s) on which it is effective and may contain any further restrictions
this part, entry into oils safety zone is prohibited unless authorized by the
on vessel operations within the security zone as have been previously
Captain of the Port, Puget Sound, Seattle, WA.
agreed upon by the Captain of the Port and Commanding Officer, Naval
[60 FR 61480, Nov.30, 1995]
Submarine Base Bangor. The certificate of exemption shall be maintained
on board the exempted vessel so long as such vessel b operating in the
security zone. 165.1306 Lake Union, Seattle, WA.
(2) Any vessel authorized to enter or remain in the security zone may (a) Location. The following area is a safety zone: All portions of the
anchor in the security zone anchorage. waters of Lake Union bounded by the following coordinates: Latitude
(3) Other vessels desiring access to this zone shall secure permission 47°38'32"N, Longitude 122°20'34"W; thence to Latitude 47°38'32"N,
from the Captain of the Port through the Security Office of the Naval Longitude 122°19'48"W; thence to Latitude 47°38'10"N, Longitude
Submarine Base Bangor. The request shall be forwarded in a timely 122°19'45"W; thence to Latitude 47°38'10"N, Longitude 122°20'24"W;
manner to the Captain of the Port by the appropriate Navy official. thence returning to the origin. This safety zone begins 1, 000 feet south of
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and Gas Works Park and encompasses all waters from east to west for 2, 500
monitoring of this .security zone by the U.S. Navy. feet. Floating markers will be placed by the sponsor of the fireworks
[CDG 13 87-06, 52 FR 47924, Dec. 17, 1987] demonstration to delineate the boundaries of the safety zone. [Datum NAD
1983]

33 CFR PART 165 PAGE 28


368
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) Effective dates. This section is effective annually on July fourth from 165.1402 Apra Outer Harbor, Guam—regulated navigation area.
9: 30 p.m. to 11 p.m. unless otherwise specified by Federal Register notice. (a) The following is a regulated navigation area—The waters of the
(c) Regulation. In accordance with the general regulations in §165.23 of Pacific Ocean and Apra Outer Harbor enclosed by a line beginning at
this part, entry into the safety zone is prohibited unless authorized by the latitude 13°26'47"N, longitude 144°35'07"E; thence to Spanish Rocks at
Captain of the Port, Puget Sound, Seattle, WA. The Captain of the Port may latitude 13°27'09.5"N, longitude 144°37'20.6"E; thence along the shoreline
establish transit lanes along the east and west shorelines of Lake Union and of Apra Outer Harbor to latitude 13°26'28.1"N, longitude 144°39'52.5"E
may allow boaters to transit north and south through the safety zone in (the northwest comer of Polaris Point); thence to latitude 13°26'40.2"N,
these lanes. If established, these transit lanes will remain open until 10 p.m. longitude 144°39'28.1"E; thence to latitude 13°26'32.1"N, longitude
and then be closed until the end of the fireworks display (approximately 30 144°39'02.8"E; thence along the shoreline of Apra Outer Harbor to Orote
minutes). Point at latitude 13°26'42"N, longitude 144°36'58.5"E; thence to the
[60 FR 61482, Nov. 30, 1995] beginning. (Based on WGS-84 Datum)
(b) Regulations:
165.1307 Elliot Bay, Seattle, WA. (1) Except for public vessels of the United States, vessels may not enter
(a) Location. The following area is a safety zone: All portions of Elliott Apra Outer Harbor without permission of the Captain of the Port if they
Bay bounded by the following coordinates: Latitude 47°37' 22"N, have on board more than 25 tons of high explosives.
Longitude 122°22' 06"W; thence to Latitude 47° 37' 06"N, Longitude 122° (2) Except for vessels not more than 65 feet in length, towboats or tugs
21' 55"W; thence to Latitude 47° 36' 54" N, Longitude 122° 22' 05"W; without tows, no vessel may pass another vessel in the vicinity of the Outer
thence to Latitude 47° 36' 09"N, Longitude 122° 22' 25"W; thence Harbor entrance.
returning to the origin. This safety zone resembles a square centered around (3) Vessels over 100 gross tons shall:
the barge from which the fireworks will be launched and begins 100 yards (i) Steady on the entrance range at least 2 miles west of the entrance
from the shoreline of Myrtle Edwards Pane. Floating markers will be placed when approaching Apra Outer Harbor and;
by the sponsor of the fireworks display to delineate the boundaries of the (ii) [Reserved]
safety zone. [Datum: NAD 1983] (iii) Steady on the range when departing Apra Outer Harbor.
(b) Effective dates. This section is effective annually on July fourth from (4) Vessels may not anchor in the fairway. The fairway is the area within
9: 30 p.m. to 11 p.m. unless otherwise specified by Federal Register notice. 375 feet on either side of a line beginning at latitude 13°26'47"N, longitude
(c) Regulation. In accordance with the general regulations in §165.23 of 144°35'07"E; thence to latitude 13°27'14.1"N, longitude 144°39'14.4"E;
this part, entry into this safety zone is prohibited unless authorized by the thence to latitude 13°26'35^"N, longitude 144°39'46.4"E; thence to
Captain of the Port, puget sound, Seattle, WA. latitude 13°26'30.8"N, longitude 144°39'44.4"E. (Based on WGS-84
[60 FR 61481, Nov. 30, 1995] Datum)
(5) Vessels over 100 gross tons may not proceed at a speed exceeding
165.1308 Columbia River, Vancouver, WA. 12 knots within the harbor.
(a) Location. The following area is a safety zone: All waters of the (6) No vessel may leave Apra Outer Harbor until any inbound vessel
Columbia River at Vancouver, Washington, bounded by a line commencing over 65 feet in length has cleared the Outer Harbor Entrance.
at the northern base of the Interstate 5 highway bridge at latitude [CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 96-026, 61 FR
45°37'17"N, longitude 122°40'22"W; thence south along the Interstate 5 33669. June 28. 1996]
highway bridge to latitude 45°37'03"N, longitude 122°40'32"W; thence to
latitude 45°36'28"N, longitude 122°38'35"W; thence to Ryan's Point at 165.1403 Security Zone: Tinian, Commonwealth Northern Marianas
latitude 45°36'42"N, longitude 122°38'35"W; thence along the Washington Islands.
shoreline to the point of origin. [Datum NAD 1983]. (a) Location. The following is designated as a security zone: The waters
(b) Effective dotes. This section is effective annually on July fourth from of the Pacific Ocean off Tinian between 14°59'04.9"N, 145°34'58.6'E to
9 p.m. to 11 p.m. (PDT) unless otherwise specified by Federal Register 14°59'20.1"N, 145°35'41.5"E to 14°59'09.8"N, l45°36'02.1"E to
notice. 14°57'493"N, 145°36'28.7"E to 14°57'29.1"N, 145°35'31.1"E and back
(c) Regulation. In accordance with the general regulations in §165.23 of to 14°59'04.9"N, 145°34'58.6"E. This zone is in effect when one, or more,
this part, entry into this safety zone is prohibited unless authorized by the of the Maritime Preposition Ships is in the zone or moored at Mooring A
Captain of the Port, Portland, Oregon. located at 14°58'57.0"N and 145°35'40.8"E or Mooring B located at
[CGD 13-95-055, 61 FR 18948, Apr. 30, 1996] 14°58'15.9"N, 145°35'54.8"E. Additionally, a 50-yard security zone will
remain in effect in all directions around Moorings A and B when no
Fourteenth Coast Guard District vessels are moored thereto.
Note: All positions of latitude and longitude are from International
165.1401 Apra Harbor, Guam—safety zones. Spheroid, Astro Pier 1944 (Saipan) Datum (DMA Chart 81071).
(a) The following is designated as Safety Zone A—The waters of the (b) Regulations.
Pacific Ocean and Apra Outer Harbor encompassed within an arc of 725 (1) In accordance with general regulations in §165.33 of this part, entry
yards radius centered at the center of Wharf H. (Located at 13°27'47"N into this security zone is prohibited unless authorized by the Captain of the
and 144°39'01.9"E. Based on World Geodetic System 1984 Datum) Port.
(b) The following is designated Safety Zone B—The waters of Apra [COTP Honolulu Reg. 86-08, 51 FR 42220, Nov. 24, 1986]
Outer Harbor encompassed within an arc of 680 yards radius centered at
the center of Naval Wharf Kilo. (Located at 13°26'43"N, 144"37'46.7"E.
165.1404 Apra Harbor, Guam—security zone.
Based on World Geodetic system 1984 Datum)
(a) The following is designated as Security Zone C—The waters of Apra
(c) Special regulations.
Outer Harbor, Guam surrounding Naval Mooring Buoy No. 702 (Located
(1) Section 165.23 does not apply to Safety Zone A and/or Safety Zone
at 13°27'30.1"N and 144°38'l2.9"E. Based on World Geodetic System
B, except when Wharf H and/or Naval Wharf Kilo, or a vessel berthed at
1984 Datum) and the Maritime Prepositioning ships moored thereto. The
Wharf H and/or Naval Wharf Kilo, is displaying a red (BRAVO) flag by
security zone will extend 100 yards in all directions around the vessel and
day or a red light by night
its mooring. Additionally, a 50 yard security zone will remain in effect in
(2) In accordance with the general regulations in 165.23 of this part,
all directions around buoy No. 702 when no vessel is moored thereto.
entry into these zones is prohibited unless authorized by the Captain of the
Port, Guam.
[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]

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M.E.T. PUBLICATION 515 — 5TH EDITION
(b) In accordance with the general regulations in §165.33 of this part, when the vessel is moored to Ammunition Island.
entry into Security Zone C is prohibited unless authorized by the Captain (d) Effective August 25, 1987 Notice of vessels arrival will be made in
of the Port, Guam. the Notice to Mariners, Local Notice to Mariners and in the Local Valdez
[COTP Guam Reg. 89-001, 55 FR 18725; May 4. 1990] newspaper, prior to the vessel arrival.
[52 FR 30671, Aug. 17, 1987]
165.1406 Safety Zone: Pacific Missile Range Facility (PMRF), Barking
Sands, Island of Kauai, Hawaii. 165.1704 Prince William Sound, Alaska—regulated navigation area.
(a) Location. The following area is established as a safety zone (a) The following is a regulated navigation area: The navigable waters
during launch operations at PMRF, Kauai, Hawaii: The waters bounded of the United States north of a line drawn from Cape Hinchinbrook Light
by the following coordinates: (22°01.2'N, 159°47.3'W), (22°01.2'N, to Schooner Rock Light, comprising that portion of Prince William Sound
159°50.7'W), (22°06.3'N, 159°50.7'W), (22°06.3'N, 159°44.8'W). between 146°30' W. and 147°20' W. and includes Valdez Ann, Valdez
(Datum: OHD) Narrows, and Port Valdez.
(b) Activation. The above safety zone will be activated during launch (b) Within the regulated navigation area described in paragraph (a) of
operations at PMRF, Kauai, Hawaii. The Coast Guard will provide notice this section, §161.60 of this chapter establishes a VTS Special Area for the
that the safety zone will be activated through published and broadcast local waters of Valdez Arm, Valdez Narrows, and Port Valdez northeast of aline
notice to mariners prior to scheduled launch dates. bearing 307° True from Tongue Point at 61°02'06"N., 146°40'W.; and
(c) Regulation. The area described in paragraph (a) of this section will southwest of a line bearing 307° True from Entrance Island Light at
be closed to all vessels and persons, except those vessels and persons 61°05'06"N., 146°36'42"W.
authorized by the Commander, Fourteenth Coast Guard District, or the (c) Regulations. In addition to the requirements set forth in §161.13
Captain of the Port (COTP) Honolulu, Hawaii, whenever Strategic Target and §161.60 (c) of this chapter, a tank vessel of 20, 000 deadweight tons
System (STARS) vehicles are to be launched by the United States or more that intends to navigate within the regulated navigation area
Government from the PMRF, Barking Sands, Kauai, Hawaii. must:
(d) The general regulations governing safety zones contained in 33 CFR (1) Report compliance with part 164 of this chapter, to the Vessel Traffic
165.23 apply. Center (VTC);
[CGD14 92-05, 57 FR 54608, Nov. 19, 1992; 61 FR 33660, June 28, 1996] (2) Have at least two radiotelephones capable of operating on the
designated VTS frequency, one of which is capable of battery operation;
Seventeenth Coast Guard District (3) When steady wind conditions in the VTS Special Area or Port Valdez
exceed, or are anticipated to exceed 40 knots, proceed as directed by
165.1701 Port Valdez, Valdez, Alaska—safety zone. the VTC (entry into the VTS Special Area and Port Valdez is prohibited);
The waters within the following boundaries are a safety zone—The area (4) When transiting the VTS Special Area, limit speed to 12 knots;
within 200 yards of any waterfront facility at the Trans-Alaska Pipeline (5) If laden and intending to navigate the VTS Special Area, limit speed
Valdez Terminal complex or vessels moored or anchored at the Trans- to 12 knots except between Middle Rock and Potato Point where the speed
Alaska Pipeline Valdez Terminal complex and the area within 200 yards limit shall be 6 knots; and
of any tank vessel maneuvering to approach, moor, unmoor, or depart the (6) Not later than July 1, 1994, have an operating Automated Dependent
Trans-Alaska Pipeline Valdez Terminal complex. Surveillance Shipborne Equipment (ADSSE) system installed.
(i) The designated digital selective calling frequency (DSC) in Prince
165.1702 Gastineau Channel, Juneau, Alaska—safety zone. William Sound is 156.525MHz (VHF Channel 70).
(a) The waters within the following boundaries are a safety zone: A (ii) ADSSE equipped vessels will not be required to make voice radio
line beginning at the Standard Oil Company Pier West Light (LLNR position reports at designated reporting points required by §161.20 (b),
3217), located at position 58°17.9'N, 134°24.8'W, in the direction of unless otherwise directed by the VTC.
140° True to Rock Dump Lighted Buoy 2A (LLNR 3213) at position (iii) Whenever a vessel's ADSSE becomes non-operational, as defined
58°17.2'N, 134°23.8'W; thence in the direction of 003° True to a point in §164.43 (c) of this chapter, before entering or while underway in the
at position 58°17.4'N, 134°23.7'W, on the north shore of Gastineau VTS area, a vessel must
Channel; thence northwesterly along the north shore of Gastineau (A) Notify the VTC;
Channel to the point of origin. (B) Make the required voice radio position reports as set forth in § 161.60
(b) Special Regulations: and required by §161.20 (b) of this chapter;
(1) All vessels may transit or navigate within the safety zone. (C) Make other voice radio reports as required by the VTS; and
(2) No vessels, other than a large passenger vessel (including cruise (D) Restore the ADSSE to operating condition as soon as possible.
ships and ferries) may anchor within the Safety zone without the express (iv) Whenever a vessel's ADSSE becomes non-operational due to a
consent from the Captain of the Port, Southeast Alaska. loss of position correction information (i.e., the U.S. Coast Guard
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR dGPS system cannot provide the required error correction messages)
35408, Aug. 4, 1983] a vessel must:
(A) Make the required voice radio position reports as set forth in
165.1703 Ammunition Island, Port Valdez, Alaska. §161.60 and required by §161.20 (b) of this chapter; and
(a) The waters within the following boundaries is a safety zone—the (B) Make other voice radio reports as required by the VTS.
area within 1330 yards of Ammunition Island, latitude 61.07-5N, (v) Whenever a vessel's ADSSE becomes non-operational before getting
longitude 146.18W, and the vessel moored or anchored at Ammunition underway in the VTS area, permission to get underway must be obtained
Island. from the VTC.
(b) The area 200 yards off the vessel navigating the Vessel Traffic Note: Regulations pertaining to Automated Dependent Surveillance
system from abeam of Naked Island, maneuvering to approach, moor, Shipborne Equipment (ADSSE) required capabilities are set forth in Part
164 of this chapter.
unmoor at Ammunition Island, or the departure of the vessel from
[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD 95-033, 60 FR
Ammunition Island.
(c) Special regulation. 28333, May 31, 1995]
(1) Section 165.23 does not apply to paragraph (a) of this section, except

33 CFR PART 165 PAGE 30


370
M.E.T. PUBLICATION 515 — 5TH EDITION
165.1705 Ketchikan Harbor, Ketchikan, Alaska—safety zone.
(a) That portion of Ketchikan Harbor, Ketchikan, Alaska enclosed by the
following boundary lines is a Safety Zone: A line from Thomas Basin
Entrance Light "2", latitude 55°20'3 N., longitude 131°38'.5 W., to East
Channel Lighted Buoy "4A", latitude 55°20'.4 N, longitude l31°38'.9 W.,
to Pennock Island Reef Lighted Buoy "PR", latitude 55°20'3 N., longitude
131°40' W., to Wreck Lighted Buoy "WR6", latitude 55"20'.7 N., longitude
131°40'3 W., then following a line bearing 064 degrees true to shore.
This zone is effective 24 hours per day from 1 May through 30 September,
annually. Annual notices of these regulations will be issued in Local
Notices to Mariners.
(b) Special Regulations:
(1) All vessels may transit or navigate within the safety zone.
(2) No vessels, other than a large passenger vessel over 1600 gross tons
(including ferries), may anchor within the Safety Zone without the express
consent of the Captain of the Port, Southeast Alaska.
[COTP SE. Alaska Reg. 85-01, 51 FR 4906, Feb. 10, 1986]

PAGE 31 33 CFR PART 165


371
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
Subpart B—Designations of Fairways and Fairway
CODE OF FEDERAL REGULATIONS Anchorages
PART 166 - SHIPPING SAFETY
FAIRWAYS 166.200 Shipping safety fairways and anchorage areas. Gulf of
[MET Editorial Note: This page shows the entire Table of Contents for this Mexico.
(a) Purpose Fairways and anchorage areas as described in this section
"Part." However, we reprinted only those subparts and sections of concern to foreign
are established to control the erection of structures therein to provide safe
vessels. If you need additional information listed in this Table of Contents that does approaches through oil fields in the Gulf of Mexico to entrances to the
not appear in the pages that follow, please write or fax us. We will be glad to furnish major ports along the Gulf Coast
this information for a small service charge] (b) Special Conditions for Fairways in the Gulf of Mexico. Temporary
anchors and attendant cables or chains attached to floating or
semisubmersible drilling rigs outside a fairway may be placed within a
TABLE OF CONTENTS fairway described in this section for the Gulf of Mexico, provide the
following conditions are met
Subpart A—General
(1) Anchors installed within fairways to stabilize semisubmersible drilling
166.100 Purpose.
rigs shall be allowed to remain 120 days. This period may be extended by
166.103 Geographic coordinates
166.105 Definitions. the Army Corps of Engineers, as provided by §209.135 (b).
166.110 Modification of areas (2) Drilling rigs must be outside of any fairway boundary to whatever
distance is necessary to ensure that the minimum depth of water over an
Subpart B—Designations of Fairways and Fairway Anchorages anchor line within a fairway is 125 feet
166.200 Shipping safety fairways and anchorage areas. Gulf of Mexico (3) No anchor buoys or floats or related rigging will be allowed on the
166.300 Areas along the coast of California. surface of the water or to a depth of at least 125 feet from the surface,
166.400 Areas along the coast of Alaska. within a fairway.
166.500 Areas along the Atlantic Coast (4) Aids to Navigation or danger markings must be installed as required
by 33 CFR Subchapter C.
AUTHORITY: 33 U.S.C. 1223, 49 CFR 1.46. (c) Special Conditions for Fairway Anchorages in the Gulf of Mexico
Structures may be placed within an area designated as a fairway anchorage,
but the number of structures will be limited by spacing as follows:
Subpart A—General (1) The center of a structure to be erected shall not be less than two (2)
nautical miles from the center of any existing structure.
166.100 Purpose. (2) In a drilling or production complex, associated structures connected
The purpose of these regulations is to establish and designate shipping by walkways shall be considered one structure for purposes of spacing, and
safety fairways and fairway anchorages to provide unobstructed approaches shall be as close together as practicable having due consideration for the
for vessels using U.S. ports. safety factors involved.
[CGD 81-80a, 48 FR 30110, June 30, 1983] (3) A vessel fixed in place by moorings and used in conjunction with the
associated structures of a drilling or production complex, shall be considered
166.103 Geographic coordinates. an attendant vessel and the extent of the complex shall include the
Geographic coordinates expressed in terms of latitude or longitude, or vessel and its moorings.
both, are not intended for plotting on maps or charts whose referenced (4) When a drilling or production complex extends more than five
horizontal datum is the North American Datum of 1983 (NAD 83), unless hundred (500) yards from the center, a new structure shall not be erected
such geographic coordinates are expressly labeled NAD 83. Geographic closer than two (2) nautical miles from the outer limit of the complex.
coordinates without the NAD 83 reference may be plotted on maps or (5) An underwater completion installation in an anchorage area shall be
charts referenced to NAD 83 only after application of the appropriate considered a structure and shall be marked with a lighted buoy approved
corrections that are published on the particular map or chart being used by the United States Coast Guard under §66.01.
[CGD 86-082, 52 FR 33811, Sept. 8, 1988] (d) Designated Areas.
(1) Brazos Santiago Pass Safely Fairway. The areas between rhumb lines
joining points at:
166.105 Definitions.
(a) Shipping safety fairway or fairway means a lane or corridor in which
no artificial island or fixed structure, whether temporary or permanent, will
Latitude Longitude
be permitted. Temporary underwater obstacles may be permitted under
certain conditions described for specific areas in Subpart B. Aids to 26°03'27" 97°08'36"
navigation approved by the U.S Coast Guard may be established in a 26°02'57" 97°07'11"
fairway. 26°02'06" 96°57'24"
(b) Fairway anchorage means an anchorage area contiguous to and 25°58'54" 96°19'00"
associated with a fairway, in which fixed structures may be permitted within
certain spacing limitations, as described for specific areas in Subpart B
[CGD 81-80a, 48 FR 30110, June 30, 1983] and rhumb lines joining points at:

166.110 Modification of areas.


Fairways and fairway anchorages are subject to modification in Latitude Longitude
accordance with 33 U.S C 1223 (c), 92 Stat. 1473 26°04'27" 97°08'36"
[CGD 81-80a, 48 FR 30110, June 30, 1983] 26°04'58" 97°07'07"
26°04'12" 96°59'30"
26°04'00" 96°57'24"
26°00'54" 96°19'00"

33 CFR PART 166 PAGE 1


372
M.E.T. PUBLICATION 515 — 5TH EDITION
(2) Brazos Santiago Pass Anchorage Areas. The areas enclosed by separated by areas enclosed by rhumb lines joining points at:
rhumb lines joining points at
Latitude Longitude
Latitude Longitude
26°02'57" 97°07'11"
26°02'06" 96°57'24" 27°41'10" 96°47'23"
25°58'54" 96°57'24" 27°34'50" 96°34'01"
25°58'54" 97°07'18" 27°34'59" 96°31'56"
26°02'57" 97°07'11" 27°42'03" 96°46'51"
27°41'10" 96°47'23"

and rhumb lines joining points at:


and rhumb lines joining points at:
Latitude Longitude
Latitude Longitude
26°04'58" 97°07'07"
26°09'00" 97°07'00" 27°33'06" 96°30'21"
26°09'00" 96°59'30" 27°23'33" 96°10'12"
26°04'12" 96°59'30" 27°24'19" 96°09'26"
26°04'58" 97°07'07" 27°33'15" 96°28'16"
27°33'06" 96°30'21"

(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"

Latitude Longitude and rhumb lines joining points at:

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:

with rhumb lines joining points at:


Latitude Longitude
Latitude Longitude
27°50'15" 97°01'32"
27°49'54" 96°59'56" 28°25'31" 96°18'48"
27°45'22" 96°51'19" 28°23'38" 96°16'00"
27°44'35" 96°48'31" 28°16'12" 96°08'06"
27°43'49" 96°45'47" 28°12'30" 96°04'12"
27°35'17" 96°27'46" 28°11'13" 96°02'46"
27°33'33" 96°24'06" 27°38'12" 95°47'19"
27°25'53" 96°07'56"

PAGE 2 33 CFR PART 166


373
M.E.T. PUBLICATION 515 — 5TH EDITION
(7) Matagorda Entrance Anchorage Areas. The areas enclosed by rhumb (10) Galveston Entrance Safety Fairways. The areas between rhumb
lines joining points at lines joining points at:
Latitude Longitude
Latitude Longitude
28°22'16" 96°17'40"
28°14'48" 96°09'42" 27°44.03" 94°26'12"
28°12'42" 96°12'12" 28°04'48" 94°26'12"
28°20'12" 96°20'12" 28°07'46" 94°26'12"
28°22'16" 96°17'40" 29°06'24" 94°26'12"
29°07'42" 94°27'48"
29°18'10" 94°39'16"
and rhumb lines joining points at: 29°19'39" 94°41'33"
29°20'44" 94°40'44"
Latitude Longitude 29°19'23" 94°37'08"
29°10'30" 94°22'54"
28°23'38" 96°16'00" 29°10'17" 94°22'30"
28°25'36" 96°13'36" 29°09'06" 94°20'36"
28°18'12" 96°05'36" 28°17'17" 92°57'59"
28°16'12" 96°08'06"
28°23'38" 96°16'00"

and rhumb lines joining points at:


(8) Freeport Harbor Safety Fairway. The area between rhumb lines
joining points at: Latitude Longitude
27°44'13" 94°23'57"
Latitude Longitude 29°06'24" 94°23'55"
29°07'41" 94°22'23"
28°55'19" 95°17'46"
28°11'57" 92°53'25"
28°52'58" 95°16'06"
28°44'52" 95°07'43"
28°43'32" 95°06'18" (11) Galveston Entrance Anchorage Areas. The areas enclosed by rhumb
28°04'48" 94°26'12" 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"

33 CFR PART 166 PAGE 3


374
M.E.T. PUBLICATION 515 — 5TH EDITION

(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"

PAGE 4 33 CFR PART 166


375
M.E.T. PUBLICATION 515 — 5TH EDITION
(16) Calcasieu Pass Anchorage Areas— and lines joining points at:
(i) Calcasieu Pass North Anchorage Area. The area enclosed by rhumb
lines joining points at: Latitude Longitude
Latitude Longitude 29°34.24" 92°02'24"
29°41'12"N. 93°19'37"W. 29°30'24" 92°06'12"
29°41'12"N. 93°12'28"W. 29°23'24" 92°07'30"
29°31'16"N. 93°12'16"W.
29°37'30"N. 93°18'15"W.
(20) Atchafalaya Pass Safety Fairway. The area between a line joining
points at:
(ii) Calcasieu Pass South Anchorage Area. The area enclosed by rhumb
lines joining points at Latitude Longitude
Latitude Longitude
29°22'36" 91°23'28"
28°59'30"N. 93°16'30"W. 29°14'42" 91°30'28"
28°59'30"N. 93°14'00"W.
28°56'00"N. 93°14'00"W.
and a line joining points at:
28°56'00"N. 93°16'30"W.
Latitude Longitude
(17) Lower Mud Lake Safety Fairway. The area enclosed by rhumb lines
joining points at 29°14'05" 91°29'34"
29°21'59" 91°22'34"
Latitude Longitude
(21) Bayou Grand Caillou Safety Fairway. The area between a line
29°43'24"N. 93°00'18"W. joining points at:
29°42'00"N. 93°00'18"W.
Latitude Longitude

and rhumb lines joining points at: 29°10'59" 90°57'26"


29°05'24" 90°58'10"
29°01'08" 91°00'44"
Latitude Longitude

29°43'33"N. 93°00'48"W. and a line joining points at


29°42'00"N. 93°00'48"W.
Latitude Longitude

(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

and a line joining points at: 29°05'57" 90°34'32"


29°04'56" 90°35'09"
29°03'14" 90°35'10"
Latitude Longitude 29°03'14" 90°35'17"
29°27'34" 92°18'45" 29°01'24" 90°34'55"
29°31'03" 92°18'06"
29°31'06" 92°18'26" and lines joining points at:
29°31'55" 92°18'17"
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:

33 CFR PART 166 PAGE 5


376
M.E.T. PUBLICATION 515 — 5TH EDITION
Latitude Longitude and rhumb lines joining points at

29°05'06" 90°14'07" Latitude Longitude


29°02'50" 90°14'46"
27°34'50" 96°34'01"
27°34'59" 96°31'56"
and a line joining points at: 27°35'17" 96°27'46"
Latitude Longitude 27°38'02" 95°49.39.
29°02'56" 90°13'48" 27°38'12" 95°47'19"
29°05'06" 90°13'10" 27°44'03" 94°26'12"
27°44'13" 94°23'57"
27°51'58" 92°36'20"
(24) Barataria Pass Safety Fairway. The area between a line joining 27°52'09" 92°33'40"
points at: 28°02'32" 90°09'28"

Latitude Longitude (28) South-west Pass (Mississippi River) Safely Fairway—


(i) Southwest Pass (Mississippi River) to Gulf Safety Fairway. The area
29°16'00" 89°57'00" enclosed by rhumb lines joining points at:
29°14'54" 89°55'48"

and a line joining points at:


Latitude Longitude Latitude Longitude
29°16'30" 89°56'06" 28°54'33"N. 89°26'07"W.
29°15'18" 89°55'00" 28°52'42"N. 89°27'06"W.
28°50'00"N. 89°27'06"W.
28°02'32°N. 90°09'28"W.

and rhumb lines joining points at:


(25) Grand Bayou Pass Safety Fairway. The areas between a line
joining 28°54'18"N. 89°25'46"W.
points at: 28°53'30"N. 89°25'18"W.
Latitude Longitude 28°53'30"N. 89°23'48"W.
29°17'36" 89°41'36" 28°50'40"N. 89°24'48"W.
29°16'48" 89°42'12" 28°48'48"N. 89°24'48"W.
28°47'24"N. 89°26'30"W.

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

29°17'18" 89°40'36" Latitude Longitude


29°16'18" 89°41'18"
28°54'33"N. 89°26'07"W.
28°52'42"N. 89°27'06"W.
(26) Empire to the Gulf Safety Fairway. The area between a line joining
28°50'00"N. 89°27'06"W.
points at:
28°47'24"N. 89°26'30"W.
Latitude Longitude 28°36'28"N. 89°18'45"W.
29°15'22" 89°36'55"
29°13'52" 89°37'15" and 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"

PAGE 6 33 CFR PART 166


377
M.E.T. PUBLICATION 515 — 5TH EDITION

and rhumb lines joining points at


Latitude Longitude Latitude Longitude
28°43'27" 89°21'01" 29°00'00" 89°07'00"
28°54'55" 89°00'44" 29°03'36" 89°02'18"
28°57'56" 89°02'18"

(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.

and rhumb lines joining points at:


(30) South Pass (Mississippi River) Safely Fairway.
(i) South Pass to Sea Safety Fairway. The areas between rhumb lines Latitude Longitude
joining points at:
29°42'29" 89°25'31"
29°29'53" 89°07'31"
Latitude Longitude 29°27'01" 89°01'54"
28°59'18" 89°08'30" 29°26'38" 88°58'43"
28°58'42" 89°07'30"
28°58'09" 89°08'30"
28°55'56" 89°03'09" (ii) Mississippi River-Gulf Outlet Channel to Mobile Ship Channel Safety
28°54'55" 89°00'44" Fairway. The areas within rhumb lines joining points at
28°54'15" 88°59'00"

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"

(ii) The areas within rhumb lines joining points at:


(31) South Pass (Mississippi River) Anchorage. The areas within rhumb
lines joining points at:
33 CFR PART 166 PAGE 7
378
M.E.T. PUBLICATION 515 — 5TH EDITION
Latitude Longitude (37) Pascagoula Safely Fairway. The areas between rhumb lines joining
points at:
29°26'28" 88°55'39"
29°27'54" 88°53'54" Latitude Longitude
29°24'33" 88°52'27"
29°23'06" 88°54'11" 30°20'46" 88°34'39"
30°20'21" 88°34'39"
30°17'00" 88°31'21"
(34) Gulfport Safety Fairway. The areas between rhumb lines joining 30°12'59" 88°30'53"
points at 30°11'50" 88°32'05"
Latitude Longitude 30°08'27" 88°36'57"
30°20'54" 89°05'36" 30°06'38" 88°31'26"
29°56'43" 88°20'50"
30°13'56" 88°59'42"
30°11'09" 88°59'56" 29°55'14" 88°19'15"
30°06'45" 88°56'24" 29°20'00" 87°41'47"
30°05'42" 88°56'24"

and rhumb line joining points at:


and rhumb lines joining points at:
Latitude Longitude
Latitude Longitude
30°20'30" 88°33'18"
30°21'27" 89°04'38" 30°18'39" 88°31'25"
30°14'11" 88°58'29"
30°11'29" 88°58'45" and rhumb line joining points at:
30°07'42" 88°55'37"
Latitude Longitude

(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

30°05'42" 88°56'24" Latitude Longitude


30°06'38" 88°31'26" 30°07'30" 88°29'09"
30°05'29" 88°09'19"

and rhumb line joining points at:


(39) Mobile Safety Fairway—
Latitude Longitude
(i) Mobile Ship Channel Safely Fairway. The areas between rhumb lines
30°07'42" 88°55'37" joining points at:
30°08'27" 88°36'57"

PAGE 8 33 CFR PART 166


379
M.E.T. PUBLICATION 515 — 5TH EDITION
Latitude Longitude (40) Mobile Anchorage. The areas within rhumb lines joining points at

30°38'46"N 88°03'24"W Latitude Longitude


30°38'14"N 88°02'42"W
30°31'59"N 88°02'00"W 30°05'15" 88°06'05"
30°31'59"N 88°04'59"W 30°05'15" 88°01'13"
30°03'50" 88°00'00"
30°03'50" 88°08'01"
and rhumb lines joining points at:

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"

and rhumb lines joining points at


and rhumb lines joining points at:

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"

30°05'15" 88°01'13" and rhumb lines joining points at


30°03'50" 88°00'00"
29°25'46" 87°29'13"
Latitude Longitude
30°24'36" 87°07'07"
and rhumb line joining points at 30°22'57" 87°09'38"
30°22'36" 87°11'50"
30°19'21" 87°14'46"
Latitude Longitude
30°19'52" 87°17'31"
30°06'17" 87°59'15"
29°27'00" 87°27'18" and rhumb lines joining points at

(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"

and rhumb line joining points at:


(42) Pensacola Anchorage.
Latitude Longitude (i) The area within rhumb lines joining points at:

30°06'17" 87°59'15" Latitude Longitude


30°12'31" 87°18'00"
30°11'49" 87°22'41"
30°12'31" 87°18'00"
30°10'03" 87°18'00"
30°09'21" 87°22'41"

33 CFR PART 166 PAGE 9


380
M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) The area within rhumb lines joining points at: (46) Port St. Joe Fairway to Panama City Fairway. The area between
rhumb lines joining points at:

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:

and rhumb lines joining points at


Latitude Longitude
Latitude Longitude
27°37'48" 82°45'54"
30°08'34" 85°40'16" 27°36'48° 82°55'54"
30°07'55" 85°41'50" 27°36'48" 83°00'00"
30°06'49" 85°43'28" 27°36'48" 84°39'10"
30°04'40" 85°45'15"
29°55'27" 85°45'15"
29°51'20" 85°45'15" and rhumb lines joining points at:
29°49'19" 85°45'15"
29°00'00" 85°45'15"
Latitude Longitude

(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:

PAGE 10 33 CFR PART 166


381
M.E.T. PUBLICATION 515 — 5TH EDITION
Latitude Longitude
Latitude Longitude
27°36'48"N., 83°00'00"W.,
27°39'00"N., 83°00'00"W., 28°15'20" 89°55'10"
27°46'29" 89°54'23"
27°39'00"N., 82°55'54"W.,
27°36'48"N., 82°55'54"W. 27°46'32" 89°52'08"
28°17'48" 89°52'58"

(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.

26°41'18" 82°19'00" 166.300 Areas along the coast of California.


25°30'00" 84°22'00"
(a) Purpose. Fairways as described in this section are established to
control the erection of structures therein to provide safe vessel routes
along the coast of California.
and rhumb lines joining points at:
(b) Designated Areas—
(1) Port Hueneme Safety Fairway. An area one nautical mile in
Latitude Longitude width centered on the alignment of Port Hueneme Entrance Channel
26°40'19" 82°18'28" and extending seaward from the 30-foot-depth curve for a distance of
26°38'30" 82°19'54" 1.5 nautical miles, thence turning southerly and widening to 1.5
26°39'00" 82°19'00" nautical miles at the 3-mile limit, all between lines joining the
25°28'00" 84°21'30" following points:

(51) Charlotte Anchorage. The area within rhumb lines joining


points at: Latitude Longitude
34°06'30°N 119°15'00"W
Latitude Longitude
34°07'37"N 119°14'25"W
26°39'00" 82°19'00" 34°08'49"N 119°13'21"W
26°38'12" 82°18'24"
26°37'36" 82°19'18"
26°38'30" 82°19'54" thence generally along the 30-foot-depth curve to the seaward end of
the west entrance jetty; seaward end of the east entrance jetty, thence
generally along the 30-foot-depth curve to:
(52) Louisiana Offshore Oil Port (LOOP) Shipping Safety Fair-way
to Safety Zone. Latitude Longitude
(i) North of Gulf Safety Fairway. The two mile wide area enclosed
by rhumb lines joining points at: 34°08'21"N 119°12'15"W
34°07'10"N 119°13'20"W
34°05'48"N 119°l3'23"W
Latitude Longitude

28°48'36" 89°55'00" (2) [Reserved]


28°48'14" 89°54'17" [CGD 82-101, 48 FR 49019, Oct. 24, 1983]
28°45'47" 89°54'19"
28°36'06" 89°55'44"
28°18'30" 89°55'15" 166.400 Areas along the coast of Alaska.
28°20'58" 89°53'03" (a) Purpose. Fairways, as described in this section, are established
28°36'09" 89°53'28" to control the erection of structures therein to provide safe vessel
28°49'07" 89°51'30" routes along the coast of Alaska.
28°50'20" 89°53'51" (b) Designated Areas.
(1) Prince William Sound Safety Fairway.
(i) Hinchinbrook Entrance Safety Fairway. The area enclosed by
rhumb lines joining points at:
(ii) South of Gulf Safety Fairway. The two mile wide area enclosed
by rhumb lines joining points at:

33 CFR PART 166 PAGE 11


382
M.E.T. PUBLICATION 515 — 5TH EDITION
Latitude Longitude
Latitude Longitude
59°59'00"N 145°27'24"W
60°13'18"N 146°38'06"W 40°32'20"N 73°04'57"W
60°11'24"N 146°47'00"W 40°30'58"N 72°58'25"W
59°55'00"N 145°42'00"W 40°34'07"N 70°19'23"W
40°35'37"N 70°14'09"W
40°30'37"N 70°14'00"W
(ii) Gulf to Hinchinbrook Safety Fairway (recommended for inbound 40°32'07"N 70°19'19"W
vessel traffic). The area enclosed by rhumb lines joining points at: 40°28'58"N 72°58'25"W
40°27'20"N 73°04'57"W

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]

(2) Unimak Pass Safely Fairway.


(i) East/West Safety Fairway. The area enclosed by rhumb lines
joining points at:

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

(ii) North/South Safety Fairway. The area enclosed by rhumb lines


joining points at:

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

[CGD 81-103, 51 FR 43349, Dec. 2, 1986]

166.500 Areas along the Atlantic Coast.


(a) Purpose. Fairways, as described in this section are established to
control the erection of structures therein to provide safe vessel routes
along the Atlantic Coast.
(b) Designated Areas.
(1) Off New York Shipping Safety Fairway.
(i) Ambrose to Nantucket Safety Fairway. The area enclosed by
rhumb lines, [North American Datum of 1927 (NAD-27)] joining
points at:

PAGE 12 33 CFR PART 166


383
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 (c) Separation zone or line means a zone or line separating the traffic
lanes in which ships are proceeding in opposite or nearly opposite
CODE OF FEDERAL REGULATIONS directions; or separating a traffic lane from the adjacent sea area; or
PART 167 - OFFSHORE TRAFFIC separating traffic lanes designated for particular classes of ships proceeding
SEPARATION SCHEMES in the same direction.
(d) Precautionary area means a routing measure comprising an area
[MET Editorial Note: This page shows the entire Table of Contents for this within defined limits where ships must navigate with particular caution and
"Part." However, we reprinted only those subparts and sections of concern to foreign within which the direction of traffic flow may be recommended.
vessels. If you need additional information listed in this Table of Contents that does (e) Deep-water route means an internationally recognized routing
not appear in the pages that follow, please write or fax us. We will be glad to furnish measure primarily intended for use by ships that, because of their draft in
this information for a small service charge] relation to the available depth of water in the area concerned, require the
use of such a route.
[CGD 81-080, 48 FR 36456, Aug. 11, 1983; 49 FR 15540, Apr. 19, 1984; as
TABLE OF CONTENTS amended by CGD 90-039, 59 FR 21937, Apr. 28, 1994]

Subpart A—General 167.10 Operating rules.


167.1 Purpose. The operator of a vessel in a TSS shall comply with Rule 10 of the
167.3 Geographic coordinates. International Regulations for Preventing Collisions at Sea, 1972, as
167.5 Definitions. amended.
167.10 Operating rules.
167.15 Modification of schemes
167.15 Modification of schemes.
(a) A traffic separation scheme or precautionary area described in this
Subpart B-Description of Traffic Separation Schemes and Part may be permanently amended in accordance with 33 U.S C. 1223 (92
Precautionary Areas. Stat. 1473), and with international agreements.
167.150 Off New York Traffic Separation Scheme and Precautionary
(b) A traffic separation scheme or precautionary area in this Part may be
Areas.
temporarily adjusted by the Commandant of the Coast Guard in an
167.151 Precautionary areas. emergency, or to accommodate operations which would create an undue
167.152 Eastern approach, off Nantucket. hazard for vessels using the scheme or which would contravene Rule 10 of
167.153 Eastern approach, off Ambrose Light the International Regulations for Preventing Collisions at Sea, 1972.
167.154 South-eastern approach. Adjustment may be in the form of a temporary traffic lane shift, a
167.155 Southern approach. temporary suspension of a section of the scheme, a temporary precautionary
167.200 Chesapeake Bay approach traffic separation scheme. area overlaying a lane, or other appropriate measure. Adjustments will only
167.201 Precautionary area. be made where, in the judgment of the Coast Guard, there is no reasonable
167.202 Eastern approach. alternative means of conducting an operation and navigation safety will not
167.203 Southern approach.
be jeopardized by the adjustment Notice of adjustments will be made in
167.350 Galveston Bay approach traffic separation scheme and
the appropriate Notice to Mariners and in the Federal Register. Requests by
any areas.
members of the public for temporary adjustments to traffic separation
schemes must be submitted 150 days prior to the time the adjustment is
AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46.
SOURCE: CGD 81-080, 48 FR 36456, Aug 11, 1983, unless otherwise desired. Such Requests, describing the interference that would otherwise
noted occur to a TSS, should be submitted to the District Commander of the
Coast Guard District in which the TSS is located.

zones, may constitute a boundary.

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.

167.3 Geographic coordinates.


Geographic coordinates are defined using North American 1927 Datum
(NAD 27) unless indicated otherwise.
[CGD 90-039, 59 FR 21937, Apr. 28, 1994]

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

33 CFR PART 167


PAGE 1
384
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 Tanker owner or operator means the owner or shoreside organization
(individual, corporation, partnership, or association), including a demise
CODE OF FEDERAL REGULATIONS charterer, responsible for the overall management and operation of the
PART 168 - ESCORT REQUIREMENTS tanker.
FOR CERTAIN TANKERS
168.10 Responsibilities.
[MET Editorial Note: This page shows the entire Table of Contents for this
(a) The tanker owner or operator shall:
"Part." However, we reprinted only those subparts and sections of concern to (1) select escort vessels that can meet the performance requirements of
foreign vessels. If you need additional information listed in this Table of Contents this part; and
that does not appear in the pages that follow, please write or fax us. We will be glad (2) inform the tanker master of the performance capabilities of the
to furnish this information for a small service charge] selected escort vessels. This information must be provided to the master
before beginning the escort transit.
TABLE OF CONTENTS (b) The tanker master shall operate the tanker within the performance
capabilities of the escort vessels, taking into account speed, sea and
168.01 Purpose. weather conditions, navigational considerations, and other factors that may
168.05 Definitions. change or arise during the escort transit.
168.10 Responsibilities. (c) In an emergency, the tanker master may deviate from the
168.20 Applicable vessels requirements of this part to the extent necessary to avoid endangering
168.30 Applicable cargoes persons, property, or the environment, but shall immediately report the
168.40 Applicable waters and number of escort vessels deviation to the cognizant Coast Guard Captain of the Port (COTP).
168.50 Performance and operational requirements
168.60 Pre-escort conference. 168.20 Applicable vessels.
The requirements of this part apply to laden, single hull tankers of 5, 000
AUTHORITY: Section 4116 (c), Pub L 101-380, 104 Stat. 520 (46 U.S.C. gross tons or more.
3703 note).
SOURCE: CGD 91-202, 59 FR 42968, Aug. 19, 1994, unless otherwise
168.30 Applicable cargoes.
noted.
The requirements of this part apply to any petroleum oil listed in 46 CFR
Table 30.25-1 as a pollution category I cargo.

168.01 Purpose. 168.40 Applicable waters and number of escort vessels.


(a) This part prescribes regulations in accordance with section 4116 (c) The requirements of this part apply to the following waters:
of the Oil Pollution Act of 1990 (OPA 90) (Pub L. 101-380). The (a) Prince William Sound. Each tanker to which this part applies must
regulations will reduce the risk of oil spills from laden, single hull tankers be escorted by at least two escort vessels in those navigable waters of the
over 5, 000 GT by requiring that these tankers be escorted by at least two United States within Prince William Sound, Alaska, and the adjoining
suitable escort vessels. The escort vessels will be immediately available to tributaries, bays, harbors, and ports, including the navigable waters of the
influence the tankers' speed and course in the event of a steering or United States within a line drawn from Cape Hinchinbrook Light, to Seal
propulsion equipment failure, thereby reducing the possibility of Rocks Light, to a point on Montague Island at 60°14.6' North, 146°59'
groundings or collisions. West, and the waters of Montague Strait east of a line between Cape Puget
(b) The regulations in this part establish minimum escort vessel and Cape Cleare.
requirements. Nothing in these regulations should be construed as relieving (b) Puget Sound and certain associated waters- Each tanker to which
the master of a tanker from the duty to operate the vessel in a safe and this part applies must be escorted by at least two escort vessels in those
prudent manner, taking into account the navigational constraints of the navigable waters of the United States and Washington State east of a line
waterways to be traversed, other vessel traffic, and anticipated weather, connecting New Dungeness Light with Discovery Island Light and all
tide, and sea conditions, which may require reduced speeds, greater points in the Puget Sound area north and south of these lights This area
assistance from escort vessels, or other operational precautions includes all the navigable waters of the United States within Haro Strait,
Rosario Strait, the Strait of Georgia, Puget Sound, and Hood Canal, as well
168.05 Definitions. as those portions of the Strait of Juan de Fuca east of the New Dungeness-
As used in this part— Discovery Island line.
Disabled tanker means a tanker experiencing a loss of propulsion or
steering control. 168.50 Performance and operational requirements.
Escort transit means that portion of the tanker's voyage through waters (a) Except as provided in paragraph (c) of §168.10, at all times during
where escort vessels are required. the escort transit each tanker to which this part applies.
Escort vessel means any vessel that is assigned and dedicated to a tanker (1) Must be accompanied by escort vessels that meet the performance
during the escort transit, and that is tendered and outfitted with towing gear requirements of paragraph (b) of this section (but not less than the number
as appropriate for its role in an emergency response to a disabled tanker. of escorts required by §168.40).
Laden means transporting in bulk any quantify of applicable cargo, (2) Must have the escort vessels positioned relative to the tanker such
except for clingage and residue in otherwise empty cargo tanks. that timely response to a propulsion or steering failure can be effected.
Single hull tanker means any self-propelled tank vessel that is not (3) Must not exceed a speed beyond which the escort vessels can
constructed with both double bottom and double sides in accordance with reasonably be expected to safely bring the tanker under control within the
the provisions of 33 CFR 157.10d. navigational limits of the waterway, taking into consideration ambient sea
Tanker master means the licensed onboard person in charge of the and weather conditions, surrounding vessel traffic, hazards, and other
tanker. factors that may reduce the available sea room.

PAGE 1 33 CFR PART 168


385
M.E.T. PUBLICATION 515 — 5TH EDITION

(b) The escort vessels, acting singly or jointly in any combination as


needed, and considering their applied force vectors on the tanker's hull,
must be capable of—
(1) Towing the tanker at 4 knots in calm conditions, and holding it in
steady position against a 45-knot headwind;
(2) Stopping the tanker within the same distance that it could crash-stop
itself from a speed of 6 knots using its own propulsion system;
(3) Holding the tanker on a steady course against a 35-degree locked
rudder at a speed of 6 knots; and
(4) Turning the tanker 90 degrees, assuming a free-swinging rudder and
a speed of 6 knots, within the same distance (advance and transfer) that it
could turn itself with a hard-over rudder.
Effective Date Note: At 59 FR 54519, Nov. 1, 1994, §168.50 was
amended by suspending paragraph (b) (2), effective November 17, 1994.

168.60 Pre-escort conference.


(a) Before commencing an escort transit, the tanker master shall confer,
by radio or in person, with the tanker pilot and the masters of the escort
vessels regarding the escort operation.
(b) The purpose of the pre-escort conference is for all parties to plan and
discuss particulars of the escort transit
(c) At a minimum, the following topics must be addressed during the
pre-escort conference:
(1) The destination, route, planned speed, other vessel traffic, anticipated
weather, tide, and sea conditions, and other navigational considerations;
(2) The type and operational status of communication, towing, steering,
and propulsion equipment on the tanker and escort vessels;
(3) The relative positioning and reaction time for the escort vessels to
move into assist positions, including, if appropriate, pre-tethering the escort
vessels at crucial points along the route;
(4) The preparations required on the tanker and escort vessels, and the
methods employed in making an emergency towline connection, including
stationing of deck crews, preparation of messenger lines, bridles, and other
towing gear, and energizing appropriate deck equipment;
(5) The manner in which an emergency towline connection would be
made (which escort vessel will respond, how messengers and towlines will
be passed, etc.);
(6) Other relevant information provided by the tanker master, pilot or
escort vessel masters.

PAGE 2
33 CFR PART 168
386
TITLE 33
Preamble or the complete text of the change as it appeared
POST-PUBLICATION
in the Federal Register. If so, please cite our "Change #" and
CHANGES AND CORRECTIONS the "FR Volume and Page #" and write or FAX us for a
[The "A" Pages] copy.
In most cases, the Coast Guard's "Final Rules" are
The regulations presented in the preceding pages of this preceded by "Notices of Proposed Rulemaking" (NPRM).
book are taken directly from the July 1, 1996 edition of Explanations and detailed discussions of the regulatory
Title 33 of the Code of Federal Regulations. Parts 1-199. changes may have appeared in these documents. Many of
All necessary corrections and additions were made through these documents are in our files or library. If you would
March 31, 1997. This serves as the basis of "BOOK 1." like us to perform further research or to request further
Since daily changes are made in the Code of Federal specific information, please advise us. If it is within our
Regulations, you may need to know about some of these capability, we will do so at a reasonable fee.
changes. Some changes are only of minor importance while In the "Changes and Corrections" pages that follow we
other changes are extremely significant. However, not every occasionally included reprints of "Final Rules" from the
change that appears in the Federal Register applies to Coast Guard Docket (CGD). You will note that these "Final
"foreign vessels." Rules" contain a "Summary," "Dates," "Addresses,"
To keep up with these changes on a daily basis would telephone numbers, and names of the person to contact,
require an extensive and expensive reporting network. "Drafting Information," and other information you may
Lacking these facilities. Marine Education Textbooks does need. If you need this information on other changes covered
its best within the limits of a tight budget and limited in less detail, please FAX or write to us giving the Federal
capabilities to maintain a workable updating service. We Register reference information that appears under the
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In the pages that follow, we attempt to give you the text expensive services.
of the changed regulations and enough information to apply In the past, both the Coast Guard and our customers
these changes properly. asked us to add certain regulations governing foreign
In some cases, you will notice that one "Change" will vessels and related items that either we or they
affect regulations in several parts of this book. If, after "overlooked." We are ready to do this at any time both for
study, you cannot understand the change, or would like to them and to better serve our readers.
know "why" a particular change has been made in a
regulation, you may want to ask us for a copy of the

PAGE A-1 Page revised June 1997.


A

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

Berth, 100, 101, 102, 103, 364, 365


Bond, 143, 148, 153, 162

Calculations, 141, 272, 276, 291


Carrier, 42, 46, 359
Certificate, 67, 68, 77, 78, 143, 144, 145, 146, 147, 148, 149, 150, 153, 156, 160, 162, 163, 166, 170, 177, 180, 196, 198, 199, 201, 202, 206, 207, 224, 229,
230, 234, 263, 300, 301, 302, 303
Chamber of Shipping, 237, 260, 265, 276
Charts, 17, 18, 54, 337, 339, 347, 359
Classification Societies, 198
Clean Air Act,, 284
Clean ballast, 197, 268, 278, 285, 301
Collision, 53, 70, 204, 237, 239, 255, 267, 291, 337, 341, 344
Complaints, 132
Conditions, 178, 179, 287, 289, 290, 309, 311
Consideration, 289
Contract, 219, 233
Conversion, 268, 270, 271, 272
Crude oil washing, 266, 267, 281, 282, 284
Custom House, 55, 86

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

Fines, 216, 217


Flag, 311
Force majeure, 191
Fraud, 138
From the nearest land, 268

Galleys, 182
Gross tonnage, 346
Gyro compass, 344

Ice, 243, 245, 249, 250


IMO, 133, 134, 135, 136, 152, 172, 180, 183, 200, 201, 203, 206, 210, 225, 226, 227, 236, 237, 238, 241, 267, 268, 275, 288, 292, 294, 311, 312, 313, 315,
317, 318, 337, 338, 341, 342
Inland waters, 17, 216
Inter-Governmental Maritime Consultative Organization, 183
International Code of Signals, 74

Length, 38, 48, 197, 268, 309, 347, 369


Lighthouse Authorities, 42
List, 5, 38, 40, 43, 46, 55, 89, 95, 99, 121, 130, 152, 173, 235, 238, 240, 241, 242, 275, 339, 346, 347, 351, 365
Load line certificate, 180

Machinery space bilges, 266, 278


Marine Pollution, 197
Moorings, 94, 192, 366

Naval Officer, 116

Offices, 2, 20, 54, 217, 218


Official number,, 77
Oil, 11, 93, 97, 111, 119, 127, 137, 138, 143, 144, 147, 152, 156, 157, 159, 161, 162, 165, 166, 167, 169, 171, 175, 182, 188, 189, 190, 192, 196, 198, 199,
200, 201, 202, 203, 206, 207, 208, 209, 210, 216, 217, 218, 221, 222, 224, 225, 226, 228, 233, 234, 236, 237, 243, 244, 245, 246, 249, 250, 251, 252, 253,
254, 255, 256, 257, 259, 260, 261, 263, 265, 266, 267, 268, 269, 274, 276, 277, 278, 279, 281, 282, 283, 288, 289, 290, 291, 294, 295, 296, 297, 300, 301,
304, 311, 320, 353, 361
Oil pollution, 169
Oily mixture, 198
Overtime, 219

Passenger, 133, 152, 311


Policy, 173
Port, 4, 7, 10, 11, 19, 20, 21, 22, 39, 44, 57, 58, 60, 61, 62, 64, 66, 78, 82, 84, 85, 86, 87, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 102, 103, 104, 105, 106, 107,
108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 131, 133, 135, 172, 173, 188, 189, 190, 191, 192, 193, 194, 195, 197, 198,
199, 201, 203, 204, 208, 211, 215, 216, 222, 233, 235, 244, 248, 264, 265, 270, 289, 300, 301, 305, 306, 309, 310, 311, 312, 313, 316, 318, 319, 321, 323,
325, 327, 328, 329, 330, 331, 332, 334, 337, 340, 346, 349, 350, 351, 352, 353, 354, 355, 356, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368
Portable radio, 232
Practice, 172, 194
Principal, 162, 163
Promotion, 41
Prosecution, 15

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

Vessels in distress, 131

Witnesses, 10, 14, 24, 31, 32


Wreck, 108, 362
F
FIIN
NAAL
LCCO
ONNT
TEEN
NTT

TABLE OF CONTENTS ........................................................................................................................................................................................................ 2


INTRODUCTION .................................................................................................................................................................................................................... 4
FEDERAL REGULATIONS .................................................................................................................................................................................................... 4
WHAT IS THE CFR? ............................................................................................................................................................................................................... 5
1. What are the CFR and the Federal Register?..................................................................................................................................................................... 5
2. How can I first learn of new U.S. regulations?.................................................................................................................................................................. 5
3. How do I access information in the CFR or in Publication 515?....................................................................................................................................... 5
4. Can I purchase the CFR?................................................................................................................................................................................................... 5
5. How can I purchase a copy of Publication 515?................................................................................................................................................................ 5
6. How can I obtain your free updating service? ................................................................................................................................................................... 5
7. Where do I go if Publication 515 does not contain the information I need? ...................................................................................................................... 5
PART 1 - GENERAL PROVISIONS ..................................................................................................................................................................................... 10
Subpart 1.01—Delegation of Authority .............................................................................................................................................................................. 10
1.01-1 District Commander. ........................................................................................................................................................................................ 10
1.01-20 Officer in Charge, Marine Inspection............................................................................................................................................................. 10
1.01-30 Captains of the Port........................................................................................................................................................................................ 11
1.01-70 CERCLA delegations..................................................................................................................................................................................... 11
1.01-80 FWPCA and OPA 90 delegations. ................................................................................................................................................................. 11
1.01-85 Redelegation. ................................................................................................................................................................................................. 12
1.01-90 Commissioned, warrant, and petty officers. ................................................................................................................................................... 12
Subpart 1.07—Enforcement; Civil and Criminal Penalty Proceedings................................................................................................................................ 12
1.07-1 Purpose............................................................................................................................................................................................................. 12
1.07-5 Definitions. ...................................................................................................................................................................................................... 12
1.07-10 Reporting and investigation............................................................................................................................................................................ 12
1.07-11 Notice of violation.......................................................................................................................................................................................... 13
1.07-15 Hearing Officer. ............................................................................................................................................................................................. 13
1.07-20 Initiation of action. ......................................................................................................................................................................................... 13
1.07-25 Preliminary matters. ....................................................................................................................................................................................... 13
1.07-30 Disclosure of evidence. .................................................................................................................................................................................. 13
1.07-35 Request for confidential treatment ................................................................................................................................................................. 13
1.07-40 Counsel .......................................................................................................................................................................................................... 13
1.07-45 Location of hearings and change of venue. .................................................................................................................................................... 13
1.07-50 Witnesses. ...................................................................................................................................................................................................... 14
1.07-55 Hearing procedures. ....................................................................................................................................................................................... 14
1.07-60 Records. ......................................................................................................................................................................................................... 14
1.07-65 Hearing Officer's decisions. ........................................................................................................................................................................... 14
1.07-70 Right to appeal. .............................................................................................................................................................................................. 14
1.07-75 Action on appeals........................................................................................................................................................................................... 14
1.07-80 Reopening of hearings.................................................................................................................................................................................... 14
1.07-85 Collection of civil penalties............................................................................................................................................................................ 15
1.07-90 Criminal penalties. ......................................................................................................................................................................................... 15
1.07-95 Civil and criminal penalties............................................................................................................................................................................ 15
Subpart 1.08—Written Warnings by Coast Guard Boarding Officers ................................................................................................................................. 15
1.08-1 Applicability. ................................................................................................................................................................................................... 15
1.08-5 Procedures........................................................................................................................................................................................................ 15
Subpart 1.10—Public Availability of Information .............................................................................................................................................................. 16
1.10-1 Official records and documents........................................................................................................................................................................ 16
1.10-5 Public availability of records and documents. .................................................................................................................................................. 16
PART 2 - JURISDICTION ..................................................................................................................................................................................................... 17
Subpart 2.01—Purpose........................................................................................................................................................................................................ 17
2.01-1 Purpose............................................................................................................................................................................................................. 17
Subpart 2.05—Definitions of Jurisdictional Terms ............................................................................................................................................................. 17
2.05-1 High seas.......................................................................................................................................................................................................... 17
2.05-5 Territorial seas.................................................................................................................................................................................................. 17
2.05-10 Territorial sea baseline. .................................................................................................................................................................................. 17
2.05-15 Contiguous zone............................................................................................................................................................................................. 17
2.05-20 Internal waters and inland waters. .................................................................................................................................................................. 17
2.05-25 Navigable waters of the United States; Navigable Waters: Territorial Waters. .............................................................................................. 17
2.10-5 Availability of lists and charts.......................................................................................................................................................................... 18
2.10-10 Decisions subject to change or modification. ................................................................................................................................................. 18
2.05-27 Waters subject to tidal influence; waters subject to the ebb and flow of the tide; mean high water................................................................ 18
2.05-30 Waters subject to the jurisdiction of the United States; waters over which the United States has jurisdiction................................................ 18
Subpart 2.10—Availability of Jurisdictional Decisions....................................................................................................................................................... 18
2.10-1 Maintenance of decisions. ................................................................................................................................................................................ 18
PART 3 - COAST GUARD AREAS, DISTRICTS MARINE INSPECTION ZONES AND CAPTAIN OF THE PORT ZONES........................................ 19
Subpart 3.01—General Provisions ...................................................................................................................................................................................... 19
3.01-1 General description. ......................................................................................................................................................................................... 19
PART 6 - PROTECTION AND SECURITY OF VESSELS, HARBORS, AND WATERFRONT FACILITIES.................................................................. 21
Subpart 6.01—Definitions................................................................................................................................................................................................... 21
6.01-1 Commandant .................................................................................................................................................................................................... 21
6.01-2 District Commander. ........................................................................................................................................................................................ 21
6.01-3 Captain of the Port. .......................................................................................................................................................................................... 21
6.01-4 Waterfront facility............................................................................................................................................................................................ 21
6.01-5 Security zone.................................................................................................................................................................................................... 21
Subpart 6.04—General Provisions ...................................................................................................................................................................................... 21
6.04-1 Enforcement..................................................................................................................................................................................................... 21
6.04-5 Preventing access of persons, articles or things to vessels, or waterfront facilities........................................................................................... 21
6.04-6 Establishing security zones; prohibitions with respect thereto.......................................................................................................................... 22
6.04-7 Visitation, search, and removal. ....................................................................................................................................................................... 22
6.04-8 Possession and control of vessels. .................................................................................................................................................................... 22
6.04-11 Assistance of other agencies........................................................................................................................................................................... 22
Subpart 6.12—Supervision and Control of Explosives or Other Dangerous Cargo............................................................................................................. 22
6.12-1 General supervision and control....................................................................................................................................................................... 22
6.12-3 Approval of facility for dangerous cargo.......................................................................................................................................................... 22
Subpart 6.14—Security of Waterfront Facilities and Vessels in Port .................................................................................................................................. 22
6.14-1 Safety measures................................................................................................................................................................................................ 22
6.14-2 Condition of waterfront facility a danger to vessel........................................................................................................................................... 22
Subpart 6.16—Sabotage and Subversive Activity............................................................................................................................................................... 22
6.16-1 Reporting of sabotage and subversive activity. ................................................................................................................................................ 22
6.16-3 Precautions against sabotage. ........................................................................................................................................................................... 22
Subpart 6.18—Penalties ...................................................................................................................................................................................................... 22
6.18-1 Violations......................................................................................................................................................................................................... 22
Subpart 6.19—Responsibility for Security of Vessels......................................................................................................................................................... 23
and Waterfront Facilities..................................................................................................................................................................................................... 23
6.19-1 Primary responsibility. ..................................................................................................................................................................................... 23
PART 20 - CLASS II CIVIL PENALTIES............................................................................................................................................................................. 24
Subpart A—General............................................................................................................................................................................................................ 24
20.101 Scope............................................................................................................................................................................................................... 24
20.102 Definitions....................................................................................................................................................................................................... 24
20.103 Construction and waiver of rules. .................................................................................................................................................................... 25
Subpart B—Administrative Law Judges ............................................................................................................................................................................. 25
20.201 Assignment...................................................................................................................................................................................................... 25
20.202 Powers. ............................................................................................................................................................................................................ 25
20.203 Unavailability. ................................................................................................................................................................................................. 25
20.204 Withdrawal or disqualification. ....................................................................................................................................................................... 25
20.205 Ex parte communications. ............................................................................................................................................................................... 25
20.206 Separation of functions.................................................................................................................................................................................... 25
Subpart C—Pleadings and Motions .................................................................................................................................................................................... 26
20.301 Representation................................................................................................................................................................................................. 26
20.302 Filing of documents and other materials.......................................................................................................................................................... 26
20.303 Form and content of filed documents. ............................................................................................................................................................. 26
20.304 Service of documents....................................................................................................................................................................................... 26
20.305 Amendment or supplementation of filed documents........................................................................................................................................ 27
20.306 Computation of time........................................................................................................................................................................................ 27
20.307 Complaint........................................................................................................................................................................................................ 27
20.308 Answer. ........................................................................................................................................................................................................... 27
20.309 Motions. .......................................................................................................................................................................................................... 27
20.310 Default by respondent...................................................................................................................................................................................... 27
20.311 Withdrawal or dismissal. ................................................................................................................................................................................. 27
Subpart D—Proceedings ..................................................................................................................................................................................................... 28
20.401 Initiation of class II civil penalty proceedings. ................................................................................................................................................ 28
20.402 Public notice.................................................................................................................................................................................................... 28
20.403 Consolidation or severance of class II civil penalty proceedings..................................................................................................................... 28
20.404 Interested persons. ........................................................................................................................................................................................... 28
Subpart E—Conferences and Settlement............................................................................................................................................................................. 28
20.501 Conferences..................................................................................................................................................................................................... 28
20.302 Settlement........................................................................................................................................................................................................ 28
20.503 Alternative dispute resolution.......................................................................................................................................................................... 29
Subpart F—Discovery......................................................................................................................................................................................................... 29
20.601 General. ........................................................................................................................................................................................................... 29
20.602 Additional response. ........................................................................................................................................................................................ 29
20.603 Interrogatories. ................................................................................................................................................................................................ 29
20.604 Requests for production of documents or things for inspection or other purposes........................................................................................... 29
20.605 Depositions...................................................................................................................................................................................................... 30
20.606 Protective order. .............................................................................................................................................................................................. 30
20.607 Sanctions for failure to comply........................................................................................................................................................................ 31
20.608 Subpoenas. ...................................................................................................................................................................................................... 31
20.609 Motion to quash or modify. ............................................................................................................................................................................. 31
Subpart G—Hearings .......................................................................................................................................................................................................... 31
20.701 Standard of proof............................................................................................................................................................................................. 31
20.702 Burden of proof. .............................................................................................................................................................................................. 31
20.703 Presumptions. .................................................................................................................................................................................................. 31
20.704 Scheduling and notice of hearing..................................................................................................................................................................... 31
20.705 Failure to appear.............................................................................................................................................................................................. 31
20.706 Witnesses......................................................................................................................................................................................................... 31
20.707 Telephone testimony. ...................................................................................................................................................................................... 31
20.708 Witness fees..................................................................................................................................................................................................... 32
20.709 Closing of the record. ...................................................................................................................................................................................... 32
20.710 Proposed findings, closing arguments, and briefs............................................................................................................................................ 32
Subpart H—Evidence.......................................................................................................................................................................................................... 32
20.801 General. ........................................................................................................................................................................................................... 32
20.802 Admissibility of evidence. ............................................................................................................................................................................... 32
20.803 Hearsay evidence............................................................................................................................................................................................. 32
20.804 Objections and offers of proof. ........................................................................................................................................................................ 32
20.805 Proprietary information. .................................................................................................................................................................................. 32
20.806 Official notice.................................................................................................................................................................................................. 32
20.807 Exhibits and documents................................................................................................................................................................................... 32
20.808 Written testimony. ........................................................................................................................................................................................... 32
20.809 Stipulations...................................................................................................................................................................................................... 32
Subpart I—Decisions .......................................................................................................................................................................................................... 32
20.901 Summary decision. .......................................................................................................................................................................................... 32
20.902 Decision of the Administrative Law Judge. ..................................................................................................................................................... 33
20.903 Record of proceedings. .................................................................................................................................................................................... 33
20.904 Reopening. ...................................................................................................................................................................................................... 33
Subpart J—Appeals............................................................................................................................................................................................................. 33
20.1001 General. ......................................................................................................................................................................................................... 33
20.1002 Record on appeal. .......................................................................................................................................................................................... 33
20.1003 Procedures for appeal .................................................................................................................................................................................... 33
20.1004 Civil penalty appeal decisions. ...................................................................................................................................................................... 34
Subpart K—Finality, Petitions for Hearing, and Availability of Orders .............................................................................................................................. 34
20.1101 Finality. ......................................................................................................................................................................................................... 34
20.1102 Petitions to set aside a decision and provide a hearing................................................................................................................................... 34
20.1103 Availability of decisions................................................................................................................................................................................ 34
PART 25 - CLAIMS ............................................................................................................................................................................................................... 35
Subpart A—General............................................................................................................................................................................................................ 35
25.101 Purpose............................................................................................................................................................................................................ 35
25.103 Information and assistance. ............................................................................................................................................................................. 35
25.105 Definitions....................................................................................................................................................................................................... 35
25.107 Who may present claims.................................................................................................................................................................................. 35
25.111 Action by claimant .......................................................................................................................................................................................... 36
25.113 Contents of claim............................................................................................................................................................................................. 36
Subpart E—Foreign Claims ................................................................................................................................................................................................ 36
25.501 Scope............................................................................................................................................................................................................... 36
25.503 Proper claimants. ............................................................................................................................................................................................. 36
25.505 Claimants excluded. ........................................................................................................................................................................................ 36
25.507 Claims payable. ............................................................................................................................................................................................... 36
25.509 Claims not payable. ......................................................................................................................................................................................... 36
25.511 Time limitation on claims................................................................................................................................................................................ 37
25.513 Amount claimed. ............................................................................................................................................................................................. 37
25.515 Settlement and notice to claimant. ................................................................................................................................................................... 37
PART 26 - VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS ......................................................................................................... 38
26.01 Purpose.............................................................................................................................................................................................................. 38
26.02 Definitions......................................................................................................................................................................................................... 38
26.03 Radiotelephone required.................................................................................................................................................................................... 38
26.04 Use of the designated frequency. ....................................................................................................................................................................... 40
26.05 Use of radiotelephone........................................................................................................................................................................................ 40
26.06 Maintenance of radiotelephone; failure of radiotelephone................................................................................................................................. 40
26.07 Communications................................................................................................................................................................................................ 40
26.08 Exemption procedures. ...................................................................................................................................................................................... 40
26.09 List of exemptions. ............................................................................................................................................................................................ 40
26.10 Penalties. ........................................................................................................................................................................................................... 41
PART 62 - UNITED STATES AIDS TO NAVIGATION SYSTEM .................................................................................................................................... 42
Subpart A—General............................................................................................................................................................................................................ 42
62.1 Purpose................................................................................................................................................................................................................ 42
62.3 Definition of terms. ............................................................................................................................................................................................. 42
62.5 Marking of marine parades and regattas. ............................................................................................................................................................. 42
Subpart B—The U.S. Aids to Navigation System ............................................................................................................................................................... 42
62.21 General. ............................................................................................................................................................................................................. 42
62.23 Beacons and buoys. ........................................................................................................................................................................................... 43
62.25 Lateral marks..................................................................................................................................................................................................... 44
62.27 Safe water marks. .............................................................................................................................................................................................. 44
62.29 Isolated Danger Marks....................................................................................................................................................................................... 44
62.31 Special Marks.................................................................................................................................................................................................... 44
62.33 Information and regulatory marks. .................................................................................................................................................................... 44
62.35 Mooring buoys. ................................................................................................................................................................................................. 44
62.37 Lighthouses. ...................................................................................................................................................................................................... 44
62.39 Large navigational buoys................................................................................................................................................................................... 44
62.41 Ranges............................................................................................................................................................................................................... 44
62.43 Numbers and letters........................................................................................................................................................................................... 44
62.45 Light characteristics........................................................................................................................................................................................... 45
62.47 Sound signals..................................................................................................................................................................................................... 45
62.49 Intracoastal Waterway identification. ................................................................................................................................................................ 45
62.51 Western Rivers Marking System. ...................................................................................................................................................................... 45
62.53 Racons............................................................................................................................................................................................................... 46
Subpart C—Maritime Radiobeacons................................................................................................................................................................................... 46
62.55 General. ............................................................................................................................................................................................................. 46
62.57 Carrier type operation........................................................................................................................................................................................ 46
62.59 Calibration service............................................................................................................................................................................................. 46
62.61 Caution. ............................................................................................................................................................................................................. 46
Subpart D—Public Participation in the Aids to Navigation System .................................................................................................................................... 46
62.63 Recommendations. ............................................................................................................................................................................................ 46
62.65 Procedure for reporting defects and discrepancies............................................................................................................................................. 46
PART 64 - MARKING OF STRUCTURES, SINKEN VESSELS AND OTHER OBSTRUCTIONS ................................................................................... 47
Subpart A—General............................................................................................................................................................................................................ 47
64.01 Purpose.............................................................................................................................................................................................................. 47
64.03 Scope................................................................................................................................................................................................................. 47
64.06 Definition of terms. ........................................................................................................................................................................................... 47
Subpart B—Sunken Vessels and Other Obstructions .......................................................................................................................................................... 47
64.11 Marking and notification requirements.............................................................................................................................................................. 47
64.13 Approval of markings........................................................................................................................................................................................ 47
Subpart C—Structures ........................................................................................................................................................................................................ 48
64.21 Marking and notification requirements.............................................................................................................................................................. 48
64.23 Duration of marking on structures. .................................................................................................................................................................... 48
Subpart D—Miscellaneous Provisions ................................................................................................................................................................................ 48
64.31 Determination of hazard to navigation............................................................................................................................................................... 48
64.33 Marking by the Coast Guard.............................................................................................................................................................................. 48
PART 67 - AIDS TO NAVIGATION ON ARTIFICAL ISLANDS AND FIXED STRUCTURES ....................................................................................... 49
Subpart 67.01—General Requirements ............................................................................................................................................................................... 49
67.01-1 Scope.............................................................................................................................................................................................................. 49
67.01-5 Definitions...................................................................................................................................................................................................... 49
67.01-10 Authority to regulate and delegation of functions......................................................................................................................................... 50
67.01-15 Classification of structures. .......................................................................................................................................................................... 50
67.01-20 Prescribing lines of demarcation. ................................................................................................................................................................. 50
67.01-30 Equivalents................................................................................................................................................................................................... 50
Subpart 67.05—General Requirements for Lights .............................................................................................................................................................. 50
67.05-1 Arrangement of obstruction lights.................................................................................................................................................................. 50
67.05-5 Multiple obstruction lights. ............................................................................................................................................................................ 50
67.05-10 Characteristics of obstruction lights. ............................................................................................................................................................ 50
67.05-15 Operating periods of obstruction lights. ....................................................................................................................................................... 50
67.05-20 Minimum lighting requirements................................................................................................................................................................... 51
67.05-25 Special lighting requirements. ...................................................................................................................................................................... 51
Subpart 67.10—General Requirements for Fog Signals...................................................................................................................................................... 51
67.10-1 Apparatus requirements.................................................................................................................................................................................. 51
67.10-5 Location requirements.................................................................................................................................................................................... 51
67.10-10 Operating requirements. ............................................................................................................................................................................... 51
Subpart 67.15—Miscellaneous Marking Requirements ...................................................................................................................................................... 51
67.15-1 Lights and signals on attendant vessels. ......................................................................................................................................................... 51
67.15-5 Seismographic and surveying operations. ...................................................................................................................................................... 51
67.15-10 Spoil banks, artificial islands, and dredged channels.................................................................................................................................... 51
Subpart 67.20—Class "A" Requirements............................................................................................................................................................................ 51
67.20-1 Class "A" structures. ...................................................................................................................................................................................... 51
67.20-5 Obstruction lights........................................................................................................................................................................................... 51
67.20-10 Fog signal..................................................................................................................................................................................................... 51
Subpart 67.25—Class "B" Requirements ............................................................................................................................................................................ 52
67.25-1 Class "B" structures........................................................................................................................................................................................ 52
67.25-5 Obstruction lights........................................................................................................................................................................................... 52
67.25-10 Fog signal..................................................................................................................................................................................................... 52
PART 70 - INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION............................................................................................................. 53
Subpart 70.01—Interference With Aids to Navigation........................................................................................................................................................ 53
70.05-5 Penalty. .......................................................................................................................................................................................................... 53
70.05-10 Revocation of license. .................................................................................................................................................................................. 53
70.05-15 Liability for damages. .................................................................................................................................................................................. 53
70.05-20 Report required............................................................................................................................................................................................. 53
70.01-1 General provisions. ........................................................................................................................................................................................ 53
70.01-5 Penalty. .......................................................................................................................................................................................................... 53
Subpart 70.05—Collision With or Damage to Aids to Navigation...................................................................................................................................... 53
70.05-1 General provisions. ........................................................................................................................................................................................ 53
PART 72 - MARINE INFORMATION.................................................................................................................................................................................. 54
Subpart 72.01—Notices to Mariners ................................................................................................................................................................................... 54
72.01-1 Purpose........................................................................................................................................................................................................... 54
72.01-5 Local Notice to Mariners................................................................................................................................................................................ 54
72.01-10 Notice to Mariners........................................................................................................................................................................................ 54
72.01-25 Marine broadcast notice to mariners............................................................................................................................................................. 54
72.01-30 Temporary deficiencies. ............................................................................................................................................................................... 54
72.01-35 Change of address. ....................................................................................................................................................................................... 54
72.01-40 Single copies. ............................................................................................................................................................................................... 54
Subpart 72.05—Light Lists. ................................................................................................................................................................................................ 55
72.05-1 Purpose........................................................................................................................................................................................................... 55
72.05-5 Sales agencies. ............................................................................................................................................................................................... 55
72.05-10 Free distribution. .......................................................................................................................................................................................... 55
PART 74 - CHARGES FOR COAST GUARD AIDS TO NAVIGATION WORK ............................................................................................................... 56
Subpart 74.20—Aids to Navigation Costs........................................................................................................................................................................... 56
74.20-1 Buoy and vessel use costs. ............................................................................................................................................................................. 56
Subpart 74.01—Charges to the Public................................................................................................................................................................................. 56
74.01-1 Claim for damage, destruction, or displacement............................................................................................................................................. 56
74.01-10 Charges invoiced to owner for marking sunken wrecks and other................................................................................................................ 56
obstructions to navigation............................................................................................................................................................................................ 56
74.01-15 Charges for placement of temporary aids. .................................................................................................................................................... 56
74.01-20 Deposit of payment in special account ......................................................................................................................................................... 56
PART 80 – COLREGS DEMARCATION LINES ................................................................................................................................................................. 57
General............................................................................................................................................................................................................................ 58
80.01 General basis and purpose of demarcation lines. ............................................................................................................................................... 58
Atlantic Coast.................................................................................................................................................................................................................. 58
80.105 Calais, ME to Cape Small, ME........................................................................................................................................................................ 58
80.110 Casco Bay, ME................................................................................................................................................................................................ 58
80.115 Portland Head, ME to Cape Ann, MA. ............................................................................................................................................................ 58
80.120 Cape Ann, MA to Marblehead Neck, MA. ...................................................................................................................................................... 58
80.125 Marblehead Neck, MA to Nahant, MA............................................................................................................................................................ 58
80.130 Boston Harbor entrance. .................................................................................................................................................................................. 58
80.135 Hull, MA to Race Point, MA........................................................................................................................................................................... 58
80.145 Race Point, MA, to Watch Hill, RI. ................................................................................................................................................................. 58
80.155 Watch Hill, RI to Montauk Point, NY. ............................................................................................................................................................ 59
80.160 Montauk Point, NY to Atlantic Beach, NY. .................................................................................................................................................... 59
80.165 New York Harbor. ........................................................................................................................................................................................... 59
80.170 Sandy Hook, NJ to Tom's River, NJ. ............................................................................................................................................................... 59
80.501 Tom's River, NJ to Cape May, NJ. .................................................................................................................................................................. 59
80.503 Delaware Bay. ................................................................................................................................................................................................. 59
80.505 Cape Henlopen, DE to Cape Charles, VA. ...................................................................................................................................................... 59
80.510 Chesapeake Bay Entrance, VA. ....................................................................................................................................................................... 59
80.515 Cape Henry, VA to Cape Hatteras, NC. .......................................................................................................................................................... 59
80.520 Cape Battens, NC to Cape Lockout, NC.......................................................................................................................................................... 60
80.525 Cape Lockout, NC to Cape Fear, NC............................................................................................................................................................... 60
80.530 Cape Fear, NC to Little River Inlet, NC. ......................................................................................................................................................... 60
80.703 Little River Inlet, SC to Cape Romain, SC. ..................................................................................................................................................... 60
80.707 Cape Romain, SC to Sullivans Island, SC. ...................................................................................................................................................... 60
80.710 Charleston Harbor, SC..................................................................................................................................................................................... 60
80.712 Morris bland, SC to Hilton Head bland, SC..................................................................................................................................................... 60
80.715 Savannah River................................................................................................................................................................................................ 60
80.717 Tybee bland, GA to St. Simons bland, GA. ..................................................................................................................................................... 60
80.720 St. Simons bland, GA to Amelia bland, FL. .................................................................................................................................................... 61
80.723 Amelia bland, FL to Cape Canaveral, FL. ....................................................................................................................................................... 61
80.727 Cape Canaveral, FL to Miami Beach, FL. ....................................................................................................................................................... 61
80.730 Miami Harbor, FL. .......................................................................................................................................................................................... 61
80.735 Miami, FL to Long Key, FL. ........................................................................................................................................................................... 61
Puerto Rico and Virgin Islands........................................................................................................................................................................................ 61
80.738 Puerto Rico and Virgin Islands........................................................................................................................................................................ 61
Gulf Coast ....................................................................................................................................................................................................................... 61
80.740 Long Key, FL to Cape Sable, FL. .................................................................................................................................................................... 61
80.745 Cape Sable, FL to Cape Romano, FL. ............................................................................................................................................................. 61
80.748 Cape Romano, FL to Sanibel Island, FL.......................................................................................................................................................... 62
80.750 Sanibel Island, FL to St. Petersburg, FL. ......................................................................................................................................................... 62
80.753 St. Petersburg, FL to Anclote, FL. ................................................................................................................................................................... 62
80.755 Anclote, FL to the Suncoast Keys, FL. ............................................................................................................................................................ 62
80.757 Suncoast Keys, FL to Horseshoe Point, FL. .................................................................................................................................................... 62
80.760 Horeshoe Point, FL to Rock bland, FL. ........................................................................................................................................................... 62
80.805 Rock Island, FL to Cape San Bias, FL............................................................................................................................................................. 62
80.810 Cape San Bias, FL to Perdido Bay, FL. ........................................................................................................................................................... 63
80.815 Mobile Bay, AL to the Chandeleur Islands, LA............................................................................................................................................... 63
80.825 Mississippi Passes, LA. ................................................................................................................................................................................... 63
80.830 Mississippi Passes, LA to Point Au Fer, LA.................................................................................................................................................... 63
80.835 Point Au Fer, LA to Calcasieu Pass, LA.......................................................................................................................................................... 63
80.840 Sabine Pass, TX to Galveston, TX................................................................................................................................................................... 64
80.845 Galveston, TX to Freeport, TX........................................................................................................................................................................ 64
80.850 Brazos River, TX to the Rio Grande, TX......................................................................................................................................................... 64
Pacific Coast ................................................................................................................................................................................................................... 64
80.1102 Santa Catalina Island, CA.............................................................................................................................................................................. 64
80.1104 San Diego Harbor, CA................................................................................................................................................................................... 64
80.1106 Mission Bay, CA. .......................................................................................................................................................................................... 64
80.1108 Oceanside Harbor, CA................................................................................................................................................................................... 64
80.1110 Dana Point Harbor, CA. ................................................................................................................................................................................ 64
80.1112 Newport Bay, CA. ......................................................................................................................................................................................... 64
80.1114 San Pedro Bay—Anaheim Bay, CA. ............................................................................................................................................................. 64
80.1116 Redondo Harbor, CA..................................................................................................................................................................................... 64
80.1118 Marina Del Rey, CA...................................................................................................................................................................................... 64
80.1120 Port Hueneme, CA......................................................................................................................................................................................... 64
80.1122 Channel Islands Harbor, CA.......................................................................................................................................................................... 64
80.1124 Ventura Marina, CA. ..................................................................................................................................................................................... 64
80.1126 Santa Barbara Harbor, CA. ............................................................................................................................................................................ 64
80.1130 San Luis Obispo Bay, CA.............................................................................................................................................................................. 65
80.1132 Estero-Morro Bay, CA. ................................................................................................................................................................................. 65
80.1134 Monterey Harbor, CA.................................................................................................................................................................................... 65
80.1136 Moss Landing Harbor, CA. ........................................................................................................................................................................... 65
80.1138 Santa Cruz Harbor, CA.................................................................................................................................................................................. 65
80.1140 Pillar Point Harbor, CA. ................................................................................................................................................................................ 65
80.1142 San Francisco Harbor, CA............................................................................................................................................................................. 65
80.1144 Bodega and Tomales Bay, CA....................................................................................................................................................................... 65
80.1146 Albion River, CA........................................................................................................................................................................................... 65
80.1148 Noyo River, CA............................................................................................................................................................................................. 65
80.1150 Arcata-Humboldt Bay, CA. ........................................................................................................................................................................... 65
80.1152 Crescent City Harbor, CA.............................................................................................................................................................................. 65
80.1305 Chetco River, OR. ......................................................................................................................................................................................... 65
80.1310 Rogue River, OR. .......................................................................................................................................................................................... 65
80.1315 Coquille River, OR........................................................................................................................................................................................ 65
80.1320 Coos Bay, OR................................................................................................................................................................................................ 65
80.1325 Umpqua River, OR........................................................................................................................................................................................ 65
80.1330 Siuslaw River, OR. ........................................................................................................................................................................................ 65
80.1335 Alsea Bay, OR............................................................................................................................................................................................... 65
80.1340 Yaquina Bay, OR........................................................................................................................................................................................... 65
80.1345 Depoe Bay, OR.............................................................................................................................................................................................. 65
80.1350 Netarts Bay, OR. ........................................................................................................................................................................................... 65
80.1355 Tillamook Bay, OR. ...................................................................................................................................................................................... 65
80.1360 Nehalem River, OR. ...................................................................................................................................................................................... 66
80.1365 Columbia River Entrance, OR/WA. .............................................................................................................................................................. 66
80.1370 Willapa Bay, WA. ......................................................................................................................................................................................... 66
80.1375 Grays Harbor, WA......................................................................................................................................................................................... 66
80.1380 Quillayute River, WA.................................................................................................................................................................................... 66
80.1385 Strait of Juan de Fuca. ................................................................................................................................................................................... 66
80.1390 Haro Strait and Strait of Georgia. .................................................................................................................................................................. 66
80.1395 Puget Sound and adjacent waters................................................................................................................................................................... 66
Pacific Islands ................................................................................................................................................................................................................. 66
80.1410 Hawaiian Island Exemption from General Rule. ........................................................................................................................................... 66
80.1420 Mamala Bay, Oahu, HI.................................................................................................................................................................................. 66
80.1430 Kaneohe Bay, Oahu, HI................................................................................................................................................................................. 66
80.1440 Port Alien, Kauai, HI. .................................................................................................................................................................................... 66
80.1450 Nawiliwili Harbor, Kauai, HI. ....................................................................................................................................................................... 66
80.1460 Kahuhii Harbor, Maui, HI. ............................................................................................................................................................................ 66
80.1470 Kawaibae Harbor, Hawaii, HI. ...................................................................................................................................................................... 66
80.1480 Hilo Harbor, Hawaii, HI. ............................................................................................................................................................................... 66
80.1490 Apra Harbor, U.S. Territory of Guam............................................................................................................................................................ 66
80.1495 U.S. Pacific Island Possessions...................................................................................................................................................................... 66
Alaska ............................................................................................................................................................................................................................. 66
80.1705 Alaska............................................................................................................................................................................................................ 66
PART 81-72 COLREGS: IMPLEMENTING RULES............................................................................................................................................................ 67
81.1 Definitions........................................................................................................................................................................................................... 67
81.3 General ................................................................................................................................................................................................................ 67
Alternative Compliance................................................................................................................................................................................................... 67
81.5 Application for a Certificate of Alternative Compliance. .................................................................................................................................... 67
81.9 Certificate of Alternative Compliance: Contents. ................................................................................................................................................ 67
81.17 Certificate of Alternative Compliance: Termination.......................................................................................................................................... 68
81.18 Notice and record of certification of vessels of special construction or purpose................................................................................................ 68
PART 82-72 COLREGS: INTERPRETATIVE RULES......................................................................................................................................................... 69
82.1 Purpose................................................................................................................................................................................................................ 69
82.3 Pushing vessel and vessel being pushed: Composite unit .................................................................................................................................... 69
PART 84 - ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES ................................................................................... 70
84.01 Definitions......................................................................................................................................................................................................... 70
84.03 Vertical positioning and spacing of lights.......................................................................................................................................................... 70
84.05 Horizontal positioning and spacing of lights. .................................................................................................................................................... 70
84.07 Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations.......................... 71
84.09 Screens. ............................................................................................................................................................................................................. 71
84.11 Shapes. .............................................................................................................................................................................................................. 71
84.13 Color specification of lights............................................................................................................................................................................... 71
84.15 Intensity of lights............................................................................................................................................................................................... 71
84.17 Horizontal sectors.............................................................................................................................................................................................. 71
84.19 Vertical sectors.................................................................................................................................................................................................. 71
84.21 Intensity of non-electric lights. .......................................................................................................................................................................... 72
84.23 Maneuvering light ............................................................................................................................................................................................. 72
84.25 Approval. [Reserved] ........................................................................................................................................................................................ 72
PART 85 - ANNEX II: ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING IN CLOSE PROXIMITY ............................................................ 73
85.1 General. ............................................................................................................................................................................................................... 73
85.3 Signals for trawlers.............................................................................................................................................................................................. 73
85.5 Signals for purse seiners. ..................................................................................................................................................................................... 73
PART 87 - ANNEX IV: DISTRESS SIGNAL ....................................................................................................................................................................... 74
87.1 Need of assistance. .............................................................................................................................................................................................. 74
87.3 Exclusive use....................................................................................................................................................................................................... 74
87.5 Supplemental signals. .......................................................................................................................................................................................... 74
PART 88 - ANNEX V: PILOT RULES.................................................................................................................................................................................. 75
88.01 Purpose and applicability................................................................................................................................................................................... 75
88.03 Definitions......................................................................................................................................................................................................... 75
88.05 Copy of rules. .................................................................................................................................................................................................... 75
88.09 Temporary exemption from light and shape requirements when operating under bridges. ................................................................................ 75
88.11 Law enforcement vessels................................................................................................................................................................................... 75
88.12 Public safety activities....................................................................................................................................................................................... 75
88.13 Lights on barges at bank or dock. ...................................................................................................................................................................... 75
Chicago Sanitary Ship Canal........................................................................................................................................................................................... 75
Calumet Sag Channel ...................................................................................................................................................................................................... 76
88.15 Lights on dredge pipelines................................................................................................................................................................................. 76
PART 89 - INLAND NAVIGATION RULES: IMPLEMENTING RULES .......................................................................................................................... 77
Subpart A—Certificate of Alternative Compliance............................................................................................................................................................. 77
89.1 Definitions........................................................................................................................................................................................................... 77
89.3 General. ............................................................................................................................................................................................................... 77
89.5 Application for a Certificate of Alternative Compliance. .................................................................................................................................... 77
89.9 Certificate of Alternative Compliance: Contents. ................................................................................................................................................ 77
89.17 Certificate of Alternative Compliance: Termination.......................................................................................................................................... 78
89.18 Record of certification of vessels of special construction or purpose. ............................................................................................................... 78
Subpart B—Waters Upon Which Certain Inland Navigation Rules Apply.......................................................................................................................... 78
89.21 Purpose.............................................................................................................................................................................................................. 78
89.23 Definitions......................................................................................................................................................................................................... 78
89.27 Waters upon which Inland Rule 24(i) applies.................................................................................................................................................... 78
PART 90 - INLAND RULES: INTERPRETATIVE RULES ................................................................................................................................................. 79
90.1 Purpose................................................................................................................................................................................................................ 79
90.3 Pushing vessel and vessel being pushed: Composite unit .................................................................................................................................... 79
PART 95 - OPERATING A VESSEL WHILE INTOXICATED ........................................................................................................................................... 80
95.001 Purpose............................................................................................................................................................................................................ 80
95.005 Applicability.................................................................................................................................................................................................... 80
95.010 Definition of terms as used in this part. ........................................................................................................................................................... 80
95.015 Operating a vessel............................................................................................................................................................................................ 80
95.020 Standard of intoxication................................................................................................................................................................................... 80
95.025 Adoption of State standards............................................................................................................................................................................. 80
95.030 Evidence of intoxication.................................................................................................................................................................................. 81
95.035 Reasonable cause for directing a chemical test................................................................................................................................................ 81
95.040 Refusal to submit to testing. ............................................................................................................................................................................ 81
95.045 General operating rules for vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code.............................. 81
95.050 Responsibility for compliance. ........................................................................................................................................................................ 81
95.055 Penalties. ......................................................................................................................................................................................................... 81
PART 109 - GENERAL.......................................................................................................................................................................................................... 82
109.01 Purpose............................................................................................................................................................................................................ 82
109.05 Anchorage grounds.......................................................................................................................................................................................... 82
109.07 Anchorages under Ports and Waterways Safety Act........................................................................................................................................ 82
109.10 Special anchorage areas................................................................................................................................................................................... 82
109.15 Enforcement proceedings. ............................................................................................................................................................................... 82
109.20 Publication; notice of proposed rule making.................................................................................................................................................... 83
PART 110 - ANCHORAGE REGULATIONS....................................................................................................................................................................... 84
110.1 General. ............................................................................................................................................................................................................. 85
110.1a Anchorages under Ports and Waterways Safety Act. ....................................................................................................................................... 85
Subpart B—Anchorage Grounds......................................................................................................................................................................................... 85
110.130 Rockland Harbor, Maine. .............................................................................................................................................................................. 85
110.131 Kennebec River in vicinity of Bath, Maine.................................................................................................................................................... 86
110.132 Portland Harbor, Maine. ................................................................................................................................................................................ 86
110.134 Boston Harbor, Mass. .................................................................................................................................................................................... 86
110.140 Buzzards Bay, Nantucket Sound, and adjacent waters. Mass. ....................................................................................................................... 87
110.142 Nantucket Harbor, Mass. ............................................................................................................................................................................... 88
110.145 Narragansett Bay, R.I. ................................................................................................................................................................................... 88
110.147 New London Harbor, Conn. .......................................................................................................................................................................... 89
110.148 Johnsons River at Bridgeport, Conn. ............................................................................................................................................................. 90
110.150 Block Island Sound, N.Y. .............................................................................................................................................................................. 90
110.155 Port of New York. ......................................................................................................................................................................................... 90
110.156 Randall Bay, Freeport, Long Island, N.Y. ..................................................................................................................................................... 95
110.157 Delaware Bay and River ............................................................................................................................................................................... 95
110.158 Baltimore Harbor, MD. ................................................................................................................................................................................. 98
110.159 Annapolis Harbor, Md................................................................................................................................................................................... 99
110.166 York River, Va., naval anchorage.................................................................................................................................................................. 99
110.168 Hampton Roads, Virginia, and adjacent waters. ............................................................................................................................................ 99
110.170 Lockwoods Folly Inlet, N.C. ....................................................................................................................................................................... 104
110.173 Port of Charleston, SC. ................................................................................................................................................................................ 104
110.179 Skidaway River, Isle of Hope, Ga................................................................................................................................................................ 104
110.182 Atlantic Ocean off Fort George Inlet, near Mayport, Fla. ............................................................................................................................ 104
110.183 St. Johns River, Florida. .............................................................................................................................................................................. 105
110.185 Atlantic Ocean, off the Port of Palm Beach, FL. ......................................................................................................................................... 105
110.186 Port Everglades, Florida. ............................................................................................................................................................................. 105
110.188 Atlantic Ocean off Miami and Miami Beach, Fla. ....................................................................................................................................... 106
110.189a Key West Harbor, Key West, Fla., naval explosives anchorage area. ........................................................................................................ 106
110.190 Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas, Fla. ................................................................................................................. 106
110.193 Tampa Bay, Fla. .......................................................................................................................................................................................... 106
110.193a St. Joseph Bay, Fla..................................................................................................................................................................................... 106
110.194 Mobile Bay, Ala., at entrance. ..................................................................................................................................................................... 107
110.194a Mobile Bay, Ala., and Mississippi Sound, Miss......................................................................................................................................... 107
110.194b Mississippi Sound and Gulf of Mexico, near Petit Bois Island, Miss. ....................................................................................................... 107
110.195 Mississippi River below Baton Rouge, La., including South and Southwest Passes.................................................................................... 107
110.196 Sabine Pass Channel, Sabine Pass, Tex. ...................................................................................................................................................... 109
110.197 Galveston Harbor, Bolivar Roads Channel, Texas....................................................................................................................................... 109
110.205 Chicago Harbor, III. .................................................................................................................................................................................... 110
110.206 Detroit River, Michigan............................................................................................................................................................................... 110
110.207 Cleveland Harbor, Ohio............................................................................................................................................................................... 111
110.208 Buffalo Harbor, N.Y.................................................................................................................................................................................... 111
110.210 San Diego Harbor, CA................................................................................................................................................................................. 111
110.212 Newport Bay Harbor, Calif.......................................................................................................................................................................... 111
110.214 Los Angeles and Long Beach Harbors, California....................................................................................................................................... 112
110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Seal Beach, California; Naval Explosives Anchorage............................. 115
110.216 Pacific Ocean at Santa Catalina Island, Calif............................................................................................................................................... 115
Datum: NAD 83 ............................................................................................................................................................................................................ 115
110.218 Pacific Ocean at San Clemente Island, Calif.; in vicinity of Wilson Cove................................................................................................... 116
110.220 Pacific Ocean at San Nicolas bland. Calif.; restricted anchorage areas........................................................................................................ 116
110.222 Pacific Ocean at Santa Barbara bland. Calif. ............................................................................................................................................... 116
110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Susan Bay, Sacramento River, San Joaquin River, and connecting waters, CA....... 116
110.228 Columbia River, Oregon and Washington. .................................................................................................................................................. 119
110.229 Straits of Juan de Fuca, Wash...................................................................................................................................................................... 120
110.230 Puget Sound Area, Wash. ............................................................................................................................................................................ 120
110.232 Southeast Alaska. ........................................................................................................................................................................................ 121
110.233 Prince William Sound, Alaska..................................................................................................................................................................... 122
110.236 Pacific Ocean off Barbers Point, bland of Oahu, Hawaii: Offshore pipeline terminal anchorages …………………………………………122
110.237 Pacific Ocean at Waimea, Hawaii, Naval Anchorage. ................................................................................................................................. 123
110.238 Apra Harbor, Guam. .................................................................................................................................................................................... 123
110.239 Island of Tinian, CNMI ............................................................................................................................................................................... 123
110.240 San Juan Harbor, P.R................................................................................................................................................................................... 123
110.245 Vieques Passage and Vieques Sound, near Vieques Island, P.R.................................................................................................................. 124
110.250 St. Thomas Harbor, Charlotte Amalie, V.I. ................................................................................................................................................. 124
110.255 Ponce Harbor, P.R. ...................................................................................................................................................................................... 124
PART 117 - DRAWBRIDGE OPERATION REGULATIONS............................................................................................................................................ 125
Subpart A—General Requirements ................................................................................................................................................................................... 129
117.1 Purpose............................................................................................................................................................................................................ 129
117.3 Applicability.................................................................................................................................................................................................... 129
117.4 Definitions....................................................................................................................................................................................................... 129
117.5 When the draw shall open................................................................................................................................................................................ 130
117.7 General duties of drawbridge owners and tenders. .......................................................................................................................................... 130
117.9 Delaying opening of a draw............................................................................................................................................................................. 130
117.11 Unnecessary opening of the draw. ................................................................................................................................................................. 130
117.15 Signals........................................................................................................................................................................................................... 130
117.17 Signalling for contiguous drawbridges. ......................................................................................................................................................... 131
117.19 Signalling when two or more vessels are approaching a drawbridge. ............................................................................................................ 131
117.21 Signalling for an opened drawbridge. ............................................................................................................................................................ 131
117.23 Installation of radiotelephones....................................................................................................................................................................... 131
117.24 Radiotelephone installation identification...................................................................................................................................................... 131
117.31 Operation of draw for emergency situations. ................................................................................................................................................. 131
117.33 Closure of draw for natural disasters or civil disorders.................................................................................................................................. 131
117.35 Operations during repair or maintenance....................................................................................................................................................... 131
117.37 Opening or closure of draw for public interest concerns................................................................................................................................ 131
117.39 Closure of draw due to infrequent use. .......................................................................................................................................................... 132
117.41 Maintenance of draw in fully open position................................................................................................................................................... 132
117.43 Changes in draw operation requirements for regulatory purposes. ................................................................................................................ 132
117.45 Operation during winter in the Great Lakes area. .......................................................................................................................................... 132
117.47 Clearance gauges. .......................................................................................................................................................................................... 132
117.49 Process of violations...................................................................................................................................................................................... 132
Subpart B—Specific Requirements................................................................................................................................................................................... 132
117.51 Purpose.......................................................................................................................................................................................................... 132
117.53 Applicability.................................................................................................................................................................................................. 132
117.55 Posting of requirements. ................................................................................................................................................................................ 132
117.57 Advance notice. ............................................................................................................................................................................................. 132
117.59 Special requirements due to hazards.............................................................................................................................................................. 132
PART 120 - SECURITY OF PASSANGER VESSELS ....................................................................................................................................................... 133
Subpart A—General.......................................................................................................................................................................................................... 133
120.100 Applicability................................................................................................................................................................................................ 133
120.110 Definitions................................................................................................................................................................................................... 133
120.120 Incorporation by reference........................................................................................................................................................................... 133
Subpart B—Security Program........................................................................................................................................................................................... 133
120.200 General. ....................................................................................................................................................................................................... 133
120.210 Vessel security officer. ................................................................................................................................................................................ 134
120.220 Reporting of unlawful acts and related activities. ........................................................................................................................................ 134
Subpart C—Plans and Procedures for Vessel Security...................................................................................................................................................... 134
120.300 Plan: General. .............................................................................................................................................................................................. 134
120.305 Plan: Procedure for examination.................................................................................................................................................................. 134
120.307 Plan: Amendment. ....................................................................................................................................................................................... 134
120.309 Right of appeal. ........................................................................................................................................................................................... 134
PART 128 - SECURITY OF PASSENGER TERMINALS.................................................................................................................................................. 135
Subpart A—General.......................................................................................................................................................................................................... 135
128.100 Applicability................................................................................................................................................................................................ 135
128.110 Definitions................................................................................................................................................................................................... 135
128.120 Incorporation by reference........................................................................................................................................................................... 135
Subpart B—Security Program........................................................................................................................................................................................... 135
128.200 General ........................................................................................................................................................................................................ 135
128.210 Terminal security officer. ............................................................................................................................................................................ 135
128.220 Reporting of unlawful acts and related activities. ........................................................................................................................................ 135
Subpart C—Plans and Procedures for Terminal Security.................................................................................................................................................. 136
128.300 Plan: General. .............................................................................................................................................................................................. 136
128.305 Plan: Procedure for examination.................................................................................................................................................................. 136
128.307 Plan: Amendment ........................................................................................................................................................................................ 136
128.309 Right of Appeal ........................................................................................................................................................................................... 136
PART 136 - OIL SPILL LIABILITY TRUST FUND, CLAIMS PROCEDURES, DESIGNATION OF SOURCE AND ADVERTISEMENT................. 137
Subpart A—General.......................................................................................................................................................................................................... 137
136.1 Purpose and applicability................................................................................................................................................................................. 137
136.3 Information...................................................................................................................................................................................................... 138
136.5 Definitions....................................................................................................................................................................................................... 138
136.7 Foreign claimants. ........................................................................................................................................................................................... 138
136.9 Falsification of claims. .................................................................................................................................................................................... 138
Subpart B—General Procedure ......................................................................................................................................................................................... 138
136.101 Time limitations on claims. ......................................................................................................................................................................... 138
136.103 Order of presentment................................................................................................................................................................................... 138
136.105 General requirements for a claim................................................................................................................................................................. 138
136.107 Subrogated claims. ...................................................................................................................................................................................... 139
136.109 Removal costs and multiple items of damages. ........................................................................................................................................... 139
136.111 Insurance. .................................................................................................................................................................................................... 139
136.113 Other compensation..................................................................................................................................................................................... 139
136.115 Settlement and notice to claimant ................................................................................................................................................................ 139
Subpart C—Procedures for Particular Claims ................................................................................................................................................................... 139
136.203 Proof............................................................................................................................................................................................................ 140
136.205 Compensation allowable.............................................................................................................................................................................. 140
136.209 Proof............................................................................................................................................................................................................ 140
136.211 Compensation allowable.............................................................................................................................................................................. 140
136.215 Proof............................................................................................................................................................................................................ 140
136.217 Compensation allowable.............................................................................................................................................................................. 140
136.221 Proof............................................................................................................................................................................................................ 140
136.223 Compensation allowable.............................................................................................................................................................................. 141
Government Revenues .................................................................................................................................................................................................. 141
136.225 Authorized claimants................................................................................................................................................................................... 141
136.227 Proof............................................................................................................................................................................................................ 141
136.229 Compensation allowable.............................................................................................................................................................................. 141
Profits and Earning Capacity......................................................................................................................................................................................... 141
136.231 Authorized claimants................................................................................................................................................................................... 141
136.233 Proof............................................................................................................................................................................................................ 141
136.235 Compensation allowable.............................................................................................................................................................................. 141
Government Public Services ......................................................................................................................................................................................... 141
136.237 Authorized claimants................................................................................................................................................................................... 141
136.239 Proof............................................................................................................................................................................................................ 141
136.241 Compensation allowable.............................................................................................................................................................................. 141
Subpart D—Designation of Source and Advertisement .................................................................................................................................................... 141
General.......................................................................................................................................................................................................................... 141
136.301 Purpose........................................................................................................................................................................................................ 141
136.303 Definitions................................................................................................................................................................................................... 142
Designation of Source ................................................................................................................................................................................................... 142
136.305 Notice of designation................................................................................................................................................................................... 142
136.307 Denial of designation................................................................................................................................................................................... 142
Advertisement ............................................................................................................................................................................................................... 142
136.309 Advertisement determinations. .................................................................................................................................................................... 142
136.311 Types of advertisement................................................................................................................................................................................ 142
136.313 Content of advertisement............................................................................................................................................................................. 142
PART 138 - FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS).................................................................................................. 143
138.10 Scope............................................................................................................................................................................................................. 143
138.12 Applicability.................................................................................................................................................................................................. 143
138.15 Implementation schedule. .............................................................................................................................................................................. 143
138.20 Definitions..................................................................................................................................................................................................... 144
138.30 General. ......................................................................................................................................................................................................... 145
138.40 Where to apply for and obtain forms. ............................................................................................................................................................ 145
138.50 Time to apply. ............................................................................................................................................................................................... 145
138.60 Applications, general instructions.................................................................................................................................................................. 145
138.65 Issuance and carriage of Certificates. ............................................................................................................................................................ 146
138.70 Renewal of Certificates. ................................................................................................................................................................................ 146
138.80 Financial responsibility, how established. ..................................................................................................................................................... 146
138.90 Individual and Fleet Certificates.................................................................................................................................................................... 148
138.100 Non-owning operator's responsibility for identification............................................................................................................................... 148
138.110 Master Certificates....................................................................................................................................................................................... 148
138.120 Certificates, denial or revocation. ................................................................................................................................................................ 149
138.130 Fees. ............................................................................................................................................................................................................ 149
138.140 Enforcement. ............................................................................................................................................................................................... 150
138.150 Service of process........................................................................................................................................................................................ 150
PART 140 - GENERAL........................................................................................................................................................................................................ 172
Subpart A—General.......................................................................................................................................................................................................... 172
140.1 Purpose............................................................................................................................................................................................................ 172
140.3 Applicability.................................................................................................................................................................................................... 172
140.4 Relationship to other law. ................................................................................................................................................................................ 172
140.5 Exemptions during construction. ..................................................................................................................................................................... 172
140.7 Incorporation by reference............................................................................................................................................................................... 172
140.10 Definitions..................................................................................................................................................................................................... 172
140.15 Equivalents and approved equipment ............................................................................................................................................................ 173
140.20 Delegations.................................................................................................................................................................................................... 173
140.25 Appeals.......................................................................................................................................................................................................... 174
140.30 Judicial review............................................................................................................................................................................................... 174
140.35 Sanctions. ...................................................................................................................................................................................................... 174
140.40 Processing penalty cases................................................................................................................................................................................ 174
Subpart B—Inspections..................................................................................................................................................................................................... 174
140.101 Inspection by Coast Guard marine inspectors.............................................................................................................................................. 174
140.105 Correction of deficiencies and hazards. ....................................................................................................................................................... 175
Subpart C—Investigations ................................................................................................................................................................................................ 175
140.201 General. ....................................................................................................................................................................................................... 175
140.203 Investigation procedures.............................................................................................................................................................................. 175
140.205 Subpoenas.................................................................................................................................................................................................... 175
PART 141 - PERSONNEL ................................................................................................................................................................................................... 176
Subpart A—Restrictions on Employment ......................................................................................................................................................................... 176
141.1 Purpose............................................................................................................................................................................................................ 176
141.5 Applicability.................................................................................................................................................................................................... 176
141.10 Definitions..................................................................................................................................................................................................... 176
141.15 Restrictions on employment. ......................................................................................................................................................................... 176
141.20 Exemptions from restrictions on employment ............................................................................................................................................... 176
141.25 Evidence of citizenship.................................................................................................................................................................................. 177
141.30 Evidence of status as a resident alien............................................................................................................................................................. 177
141.35 Records to be kept by the employer............................................................................................................................................................... 177
PART 142 - WORKPLACE SAFETY AND HEALTH ...................................................................................................................................................... 178
Subpart A—General.......................................................................................................................................................................................................... 178
142.1 Purpose............................................................................................................................................................................................................ 178
142.4 Duties of lessees, permittees, and persons responsible for actual operations. .................................................................................................. 178
142.7 Reports of unsafe working conditions. ............................................................................................................................................................ 178
Subpart B—Personal Protective Equipment...................................................................................................................................................................... 178
142.21 Purpose and applicability............................................................................................................................................................................... 178
142.24 Use of equipment........................................................................................................................................................................................... 178
142.27 Eye and face protection. ................................................................................................................................................................................ 178
142.30 Head protection. ............................................................................................................................................................................................ 178
142.33 Foot protection. ............................................................................................................................................................................................. 178
142.36 Protective clothing......................................................................................................................................................................................... 179
142.39 Respiratory protection. .................................................................................................................................................................................. 179
142.42 Safety belts and lifelines................................................................................................................................................................................ 179
142.45 Personal flotation devices. ............................................................................................................................................................................. 179
142.48 Eyewash equipment....................................................................................................................................................................................... 179
Subpart C—General Workplace Conditions...................................................................................................................................................................... 179
142.81 Purpose and applicability............................................................................................................................................................................... 179
142.84 Housekeeping. ............................................................................................................................................................................................... 179
142.87 Guarding of deck openings............................................................................................................................................................................ 179
142.90 Lockout and tagout. ....................................................................................................................................................................................... 179
PART 143 - DESIGN AND EQUIPMENT .......................................................................................................................................................................... 180
Subpart C—Mobile Offshore Drilling Units ..................................................................................................................................................................... 180
143.200 Applicability................................................................................................................................................................................................ 180
143.201 Existing MODUs exempted from new design requirements........................................................................................................................ 180
143.205 Requirements for VS. and undocumented MODUs. .................................................................................................................................... 180
143.207 Requirements for foreign MODUs. ............................................................................................................................................................. 180
143.210 Letter of compliance.................................................................................................................................................................................... 180
Subpart D—Vessels .......................................................................................................................................................................................................... 180
143.300 Applicability................................................................................................................................................................................................ 180
143.301 Load line requirements. ............................................................................................................................................................................... 180
PART 144 - LIFESAVING APPLIANCES .......................................................................................................................................................................... 181
Subpart 144.20—Requirements for U.S. and Undocumented MODU's. ........................................................................................................................... 181
144.20-1 Applicability............................................................................................................................................................................................... 181
144.20-5 Exposure suits. ........................................................................................................................................................................................... 181
Subpart 144.30—Requirements for Foreign MODU's...................................................................................................................................................... 181
144.30-1 Applicability............................................................................................................................................................................................... 181
144.30-5 Exposure suits. ........................................................................................................................................................................................... 181
PART 145 - FIREFIGHTING EQUIPMENT ....................................................................................................................................................................... 182
145.01 Portable and semi-portable fire extinguishers................................................................................................................................................ 182
145.05 Classification of fire extinguishers. ............................................................................................................................................................... 182
145.10 Locations and number of fire extinguishers required..................................................................................................................................... 182
PART 146 - OPERATIONS ................................................................................................................................................................................................. 183
Subpart C—Mobile Offshore Drilling Units ..................................................................................................................................................................... 183
146.201 Applicability................................................................................................................................................................................................ 183
146.202 Notice of arrival or relocation of MODUs on the OCS................................................................................................................................ 183
146.203 Requirements for U.S. and undocumented MODUs. ................................................................................................................................... 183
146.205 Requirements for foreign MODUs. ............................................................................................................................................................. 183
146.210 Emergency Evacuation Plan. ....................................................................................................................................................................... 183
Subpart D—Vessels .......................................................................................................................................................................................................... 183
146.301 Applicability................................................................................................................................................................................................ 183
146.303 Notice and written report of casualties......................................................................................................................................................... 184
PART 147 - SAFETY ZONES ............................................................................................................................................................................................. 185
147.1 Purpose of safety zones. .................................................................................................................................................................................. 185
147.5 Delegation of authority.................................................................................................................................................................................... 185
147.10 Establishment of safety zones........................................................................................................................................................................ 185
147.15 Extent of safety zones.................................................................................................................................................................................... 185
147.1101 Definitions................................................................................................................................................................................................. 185
147.1102 Platform GRACE safety zone.................................................................................................................................................................... 186
147.1103 Platform GINA safety zone. ...................................................................................................................................................................... 186
147.1104 Platform ELLEN & ELLY safety zone...................................................................................................................................................... 186
147.1105 Platform HONDO safety zone. .................................................................................................................................................................. 186
147.1106 Exxon Santa Ynez offshore storage and treatment vessel mooring safety zone. ........................................................................................ 186
147.1107 Platform GILDA safety zone. .................................................................................................................................................................... 186
147.1108 Platform EDITH safety zone. .................................................................................................................................................................... 186
147.1109 Platform HERMOSA safety zone. ............................................................................................................................................................. 186
147.1110 Platform HARVEST safety zone. .............................................................................................................................................................. 186
147.1111 Platform EUREKA safety zone. ................................................................................................................................................................ 186
147.1112 Platform HIDALGO safety zone. .............................................................................................................................................................. 186
147.1113 Platform GAIL safety zone........................................................................................................................................................................ 186
147.1115 Platform HERITAGE safety zone.............................................................................................................................................................. 187
147.1116 Platform IRENE safety zone...................................................................................................................................................................... 187
PART 150 - OPERATIONS ................................................................................................................................................................................................. 188
Subpart B—Personnel....................................................................................................................................................................................................... 189
150.201 Applicability................................................................................................................................................................................................ 189
150.203 General. ....................................................................................................................................................................................................... 189
150.204 Definitions................................................................................................................................................................................................... 189
150.205 Port Superintendent ..................................................................................................................................................................................... 189
150.207 Cargo Transfer Supervisor........................................................................................................................................................................... 189
150.209 Vessel Traffic Supervisor. ........................................................................................................................................................................... 189
150.211 Mooring Master........................................................................................................................................................................................... 189
150.213 Cargo Transfer Assistant ............................................................................................................................................................................. 189
150.215 Assistant Mooring Muter............................................................................................................................................................................. 190
150.217 Limitation on service. .................................................................................................................................................................................. 190
Subpart C—Vessel Navigation.......................................................................................................................................................................................... 190
150.301 Applicability................................................................................................................................................................................................ 190
150.303 Definitions................................................................................................................................................................................................... 190
150.305 Ships' routing measures. .............................................................................................................................................................................. 190
150.307 Radar surveillance. ...................................................................................................................................................................................... 190
150.309 Advisories to tankers. .................................................................................................................................................................................. 190
150.311 Radio listening watch. ................................................................................................................................................................................. 190
150.313 Clearances for tankers. ................................................................................................................................................................................ 190
150.315 Clearances for support vessels. .................................................................................................................................................................... 191
150.317 Clearances for other vessels......................................................................................................................................................................... 191
150.333 Advance notice of arrival............................................................................................................................................................................. 191
150.335 Report before entering safety zone. ............................................................................................................................................................. 191
150.337 Navigation of tankers in the safety zone. ..................................................................................................................................................... 191
150.338 Navigation of support vessels in the safety zone. ........................................................................................................................................ 191
150.339 Navigation of other vessels in the safety zone. ............................................................................................................................................ 191
150.341 Mooring Master........................................................................................................................................................................................... 191
150.342 Assistant Mooring Master............................................................................................................................................................................ 191
150.345 Regulated vessel activities........................................................................................................................................................................... 191
Subpart D—Oil Transfer Operations................................................................................................................................................................................. 192
150.400 Applicability................................................................................................................................................................................................ 192
150.403 Definitions................................................................................................................................................................................................... 192
150.405 Periodic tests and inspections: OTS components......................................................................................................................................... 192
150.407 Periodic tests and inspections: discharge containment equipment .............................................................................................................. 192
150.409 Periodic tests and inspections: removal material and equipment. ................................................................................................................ 192
150.411 Repair or replacement of equipment............................................................................................................................................................ 192
150.413 Requirements for oil transfer. ...................................................................................................................................................................... 192
150.415 Requirements for connections. .................................................................................................................................................................... 193
150.417 Declaration of inspection............................................................................................................................................................................. 193
150.419 Stopping transfer operations. ....................................................................................................................................................................... 193
150.421 Displacement of oil in an SPM-OTS with water.......................................................................................................................................... 193
150.423 Limitations. ................................................................................................................................................................................................. 193
150.425 Suspension of oil transfer operations. .......................................................................................................................................................... 194
Subpart E—Operations ..................................................................................................................................................................................................... 194
150.500 Applicability................................................................................................................................................................................................ 194
150.503 Maintenance of equipment .......................................................................................................................................................................... 194
150.504 Fire main system.......................................................................................................................................................................................... 194
150.505 Fire pump. ................................................................................................................................................................................................... 194
150.507 Firehose: Connection and stowage. ............................................................................................................................................................. 194
150.508 Lifesaving equipment. ................................................................................................................................................................................. 194
150.509 Use of personal protection equipment ......................................................................................................................................................... 194
150.511 Maintenance of personal protection equipment. .......................................................................................................................................... 194
150.513 Sanitation..................................................................................................................................................................................................... 195
150.515 Refueling for aircraft. .................................................................................................................................................................................. 195
150.516 Aircraft operations....................................................................................................................................................................................... 195
150.517 Station bill. .................................................................................................................................................................................................. 195
150.519 Emergency drills.......................................................................................................................................................................................... 195
150.521 Housekeeping. ............................................................................................................................................................................................. 195
150.523 Illumination. ................................................................................................................................................................................................ 195
150.525 Emergency Medical Technician. ................................................................................................................................................................. 195
150.527 First aid station. ........................................................................................................................................................................................... 195
PART 151 - VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE AND
BALLAST WATERS ............................................................................................................................................................................................................... 196
Subpart A—Implementation of MARPOL 73/78.............................................................................................................................................................. 196
151.03 Applicability.................................................................................................................................................................................................. 197
151.04 Penalties for violation.................................................................................................................................................................................... 197
151.05 Definitions..................................................................................................................................................................................................... 197
151.06 Special areas.................................................................................................................................................................................................. 199
151.07 Delegations.................................................................................................................................................................................................... 199
151.08 Denial of entry............................................................................................................................................................................................... 199
Oil Pollution.................................................................................................................................................................................................................. 200
151.09 Applicability.................................................................................................................................................................................................. 200
151.10 Control of discharge of oil............................................................................................................................................................................. 200
151.11 Exceptions for emergencies........................................................................................................................................................................... 201
151.13 Special areas for Annex I of MARPOL 73/78. .............................................................................................................................................. 201
151.15 Reporting requirements. ................................................................................................................................................................................ 201
151.17 Surveys.......................................................................................................................................................................................................... 201
151.19 International Oil Pollution Prevention (IOPP) Certificates. ........................................................................................................................... 202
151.21 Ships of countries not party to MARPOL 73/78............................................................................................................................................ 202
151.23 Inspection for compliance and enforcement .................................................................................................................................................. 202
151.25 Oil Record Book............................................................................................................................................................................................ 203
151.26 Shipboard oil pollution emergency plans....................................................................................................................................................... 203
151.27 Plan submission and approval........................................................................................................................................................................ 204
151.28 Plan review and revision................................................................................................................................................................................ 206
151.29 Foreign ships. ................................................................................................................................................................................................ 206
Noxious Liquid Substance Pollution ............................................................................................................................................................................. 206
151.30 Applicability.................................................................................................................................................................................................. 206
151.31 Where to find requirements applying to oceangoing ships carrying Category A, B, C, and D NLS. ............................................................. 206
151.32 Special areas for the purpose of Annex II. ..................................................................................................................................................... 206
151.33 Certificates needed to carry Category C Oil-like NLS................................................................................................................................... 206
151.35 Certificates needed to carry Category D NLS and Category D Oil-like NLS. ............................................................................................... 207
151.37 Obtaining an Attachment for NLSs to the IOPP Certificate and obtaining an NLS Certificate...................................................................... 207
151.39 Operating requirements: Category D NLS..................................................................................................................................................... 207
151.41 Operating requirements for oceangoing ships with IOPP Certificates: Category C and D Oil-like NLSs...................................................... 207
151.43 Control of discharge of NLS residues............................................................................................................................................................ 207
151.45 Reporting spills of NLS: Category A, B, C, and D. ....................................................................................................................................... 208
151.47 Category D NLSs other than oil-like Category D NLSs that may be carried under this part. ........................................................................ 208
151.49 Category C and D Oil-like NLSs allowed for carriage. ................................................................................................................................. 210
Garbage Pollution.......................................................................................................................................................................................................... 210
151.51 Applicability.................................................................................................................................................................................................. 210
151.53 Special areas for Annex V of MARPOL 73/78.............................................................................................................................................. 210
151.55 Recordkeeping requirements. ........................................................................................................................................................................ 210
151.57 Waste management plans. ............................................................................................................................................................................. 211
151.59 Placards. ........................................................................................................................................................................................................ 211
151.61 Inspection for compliance and enforcement. ................................................................................................................................................. 211
151.63 Shipboard control of garbage......................................................................................................................................................................... 212
151.65 Reporting requirements, ................................................................................................................................................................................ 212
151.66 Operating requirements: Discharge of garbage in the navigable waters prohibited. ...................................................................................... 212
151.67 Operating requirements: Discharge of plastic prohibited............................................................................................................................... 212
151.69 Operating requirements: Discharge of garbage outside special areas............................................................................................................. 212
151.71 Operating requirements: Discharge of garbage within special areas.............................................................................................................. 212
151.73 Operating requirements: Discharge of garbage from fixed or floating platforms........................................................................................... 212
151.75 Grinders or comminuters. .............................................................................................................................................................................. 212
151.77 Exceptions for emergencies........................................................................................................................................................................... 212
Subpart B—Transportation of Municipal and Commercial Waste. ................................................................................................................................... 213
151.1000 Purpose...................................................................................................................................................................................................... 213
151.1003 Applicability.............................................................................................................................................................................................. 213
151.1006 Definitions................................................................................................................................................................................................. 213
151.1009 Transportation of municipal or commercial waste..................................................................................................................................... 213
151.1012 Applying for a conditional permit.............................................................................................................................................................. 214
151.1015 Issuing or denying the issuance of a conditional permit............................................................................................................................. 214
151.1018 Withdrawal of a conditional permit ........................................................................................................................................................... 214
151.1021 Appeals...................................................................................................................................................................................................... 214
151.1024 Display of number. .................................................................................................................................................................................... 214
Subpart C - Ballast Water Management for Control of Nonindigenous Species ............................................................................................................... 214
151.1500 Purpose...................................................................................................................................................................................................... 214
151.1502 Applicability.............................................................................................................................................................................................. 215
151.1504 Definitions................................................................................................................................................................................................. 215
151.1506 Restriction of operation. ............................................................................................................................................................................ 215
151.1508 Revocation of clearance............................................................................................................................................................................. 215
151.1510 Ballast water management......................................................................................................................................................................... 215
151.1512 Vessel safety.............................................................................................................................................................................................. 215
151.1514 Ballast water management alternatives under extraordinary conditions..................................................................................................... 215
151.1516 Compliance monitoring. ............................................................................................................................................................................ 215
PART 153 - CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL ................................................... 216
Subpart A—General.......................................................................................................................................................................................................... 216
153.101 Purpose........................................................................................................................................................................................................ 216
153.103 Definitions................................................................................................................................................................................................... 216
153.105 FWPCA delegations and redelegation. ........................................................................................................................................................ 217
153.109 CERCLA delegations. ................................................................................................................................................................................. 217
Subpart B—Notice of the Discharge of Oil or a Hazardous Substance ............................................................................................................................. 217
153.201 Purpose........................................................................................................................................................................................................ 217
153.203 Procedure for the notice of discharge........................................................................................................................................................... 217
153.205 Fines. ........................................................................................................................................................................................................... 217
Subpart C—Removal of Discharged Oil ........................................................................................................................................................................... 218
153.301 Purpose........................................................................................................................................................................................................ 218
153.303 Applicability................................................................................................................................................................................................ 219
153.305 Methods and procedures for the removal of discharged oil.......................................................................................................................... 219
153.307 Penalties. ..................................................................................................................................................................................................... 219
Subpart D—Administration of the Pollution Fund ............................................................................................................................................................ 219
153.401 Purpose........................................................................................................................................................................................................ 219
153.403 Applicability................................................................................................................................................................................................ 219
153.405 Liability to the pollution fund...................................................................................................................................................................... 219
153.407 Payments or reimbursements from the pollution fund. ................................................................................................................................ 219
153.411 Procedures for payment of judgments. ........................................................................................................................................................ 219
153.413 Deposit of money into the fund. .................................................................................................................................................................. 219
153.415 Cost summary reports.................................................................................................................................................................................. 220
153.417 Reimbursement for actions under section 311(c) or 311(d) of the Act of the Intervention of the High Seas Act......................................... 220
PART 154 - FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK ......................................................................................... 221
Subpart A – General.......................................................................................................................................................................................................... 222
154.105 Definitions................................................................................................................................................................................................... 222
PART 155 - OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATION FOR VESSELS ......................................................... 223
Subpart A—General.......................................................................................................................................................................................................... 224
155.100 Applicability................................................................................................................................................................................................ 224
155.110 Definitions................................................................................................................................................................................................... 224
155.120 Equivalents. ................................................................................................................................................................................................. 224
155.130 Exemptions.................................................................................................................................................................................................. 224
155.140 Incorporation by reference........................................................................................................................................................................... 224
Subpart B—Vessel Equipment.......................................................................................................................................................................................... 225
155.200 Definitions................................................................................................................................................................................................... 225
155.205 Discharge removal equipment for vessels 400 feet or greater in length. ...................................................................................................... 225
155.210 Discharge removal equipment for vessels less than 400 feet in length......................................................................................................... 225
155.215 Discharge removal equipment for inland oil barges..................................................................................................................................... 225
155.220 Discharge removal equipment for vessels carrying oil as secondary cargo.................................................................................................. 225
155.225 Internal cargo transfer capability. ................................................................................................................................................................ 225
155.230 Emergency towing capability for oil barges. ............................................................................................................................................... 225
155.235 Emergency towing capability for oil tankers. .............................................................................................................................................. 226
155.240 Damage stability information for oil tankers and offshore oil barges. ......................................................................................................... 226
155.245 Damage stability information for inland oil barges...................................................................................................................................... 226
155.310 Containment of oil and hazardous material cargo discharges. ..................................................................................................................... 226
155.320 Fuel oil and bulk lubricating oil discharge containment .............................................................................................................................. 227
155.350 Bilge slops/fuel oil tank ballast water discharges on oceangoing ships of less than 400 gross tons. ............................................................ 227
155.360 Bilge slops discharges on oceangoing ships of 400 gross tons and above but less than 10,000 gross tons, excluding ships that carry ballast
water in their fuel oil tanks............................................................................................................................................................................................ 227
155.370 Bilge slops/fuel oil tank ballast water discharges on oceangoing ships of 10,000 gross tons and above and oceangoing ships of 400 gross
tons and above that carry ballast water in their fuel oil tanks. ....................................................................................................................................... 227
155.380 Oily-water separating equipment, bilge alarm, and bilge monitor approval standards................................................................................. 227
155.400 Platform machinery space drainage on oceangoing fixed and floating drilling rigs and other platforms. .................................................... 228
155.420 Pumping, piping and discharge requirements for oceangoing snips of 100 gross tons and above but less than 400 gross tons.................... 228
155.430 Standard discharge connections for oceangoing ships of 400 gross tons and above. ................................................................................... 228
155.440 Segregation of fuel oil and water ballast on new oceangoing ships of 4,000 gross tons and above other than oil tankers, and on new
oceangoing oil tankers of 150 gross tons and above...................................................................................................................................................... 228
155.450 Placard......................................................................................................................................................................................................... 228
155.470 Prohibited spaces. ........................................................................................................................................................................................ 228
155.480 Overfill devices. .......................................................................................................................................................................................... 229
Subpart C—Transfer Personnel, Procedures, Equipment, and Records............................................................................................................................. 229
155.700 Designation of person in charge. ................................................................................................................................................................. 229
155.710 Qualifications of person in charge. .............................................................................................................................................................. 229
155.720 Transfer procedures. .................................................................................................................................................................................... 230
155.730 Compliance with transfer procedures. ......................................................................................................................................................... 230
155.740 Availability of transfer procedures. ............................................................................................................................................................. 230
155.750 Contents of transfer procedures. .................................................................................................................................................................. 230
155.760 Amendment of transfer procedures.............................................................................................................................................................. 231
155.770 Draining into bilges. .................................................................................................................................................................................... 231
155.775 Maximum cargo level of oil......................................................................................................................................................................... 231
155.780 Emergency shutdown. ................................................................................................................................................................................. 231
155.785 Communications.......................................................................................................................................................................................... 232
155.790 Deck fighting............................................................................................................................................................................................... 232
155.800 Transfer hose. .............................................................................................................................................................................................. 232
155.805 Closure devices............................................................................................................................................................................................ 232
155.810 Tank vessel security..................................................................................................................................................................................... 232
155.815 Tank vessel integrity.................................................................................................................................................................................... 232
155.820 Records........................................................................................................................................................................................................ 232
Subpart D—Response Plans.............................................................................................................................................................................................. 232
155.1010 Purpose...................................................................................................................................................................................................... 232
155.1015 Applicability.............................................................................................................................................................................................. 232
155.1020 Definitions................................................................................................................................................................................................. 233
155.1025 Operating restrictions and interim operating authorization. ....................................................................................................................... 235
155.1026 Qualified individual and alternate qualified individual.............................................................................................................................. 235
155.1030 General response plan requirements. ......................................................................................................................................................... 235
155.1035 Response plan requirements for manned vessels carrying oil as a primary cargo. ..................................................................................... 236
155.1040 Response plan requirements for unmanned tank barges carrying oil as a primary cargo. .......................................................................... 238
155.1045 Response plan requirements for vessels carrying oil as a secondary cargo. ............................................................................................... 241
155.1050 Response plan development and evaluation criteria for vessels carrying groups I through IV petroleum oil as a primary cargo............... 242
155.1052 Response plan development and evaluation criteria for vessels carrying group V petroleum oil as a primary cargo................................. 245
155.1055 Training. .................................................................................................................................................................................................... 245
155.1060 Exercises.................................................................................................................................................................................................... 246
155.1062 Inspection and maintenance of response resources. ................................................................................................................................... 246
155.1065 Procedures for plan submission, approval, requests for acceptance of alternative planning criteria, and appeal........................................ 246
155.1070 Procedures for plan review, revision, amendment, and appeal................................................................................................................... 247
Subpart E—Additional Response Plan Requirements for Tankers Loading Cargo at a Facility Permitted Under the Trans-Alaska Pipeline Authorization
Act. ....................................................................................................................................................................................................................................... 247
155.1110 Purpose and applicability........................................................................................................................................................................... 247
155.1115 Definitions................................................................................................................................................................................................. 248
155.1120 Operating restrictions and interim operating authorization. ....................................................................................................................... 248
155.1125 Additional response plan requirements...................................................................................................................................................... 248
155.1130 Requirements for prepositioned response equipment................................................................................................................................. 248
155.1135 Response plan development and evaluation criteria................................................................................................................................... 248
155.1145 Submission and approval procedures......................................................................................................................................................... 248
155.1150 Plan revision and amendment procedures.................................................................................................................................................. 249
Subpart F—Response plan requirements for vessels carrying animal fats and vegetable oils as a primary cargo ............................................................. 249
155.1210 Purpose and applicability........................................................................................................................................................................... 249
155.1225 Response plan submission requirements.................................................................................................................................................... 249
155.1230 Response plan development and evaluation criteria................................................................................................................................... 249
Subpart G—Response Plan Requirements for Vessels Carrying Other Non-Petroleum Oils as a Primary Cargo. ............................................................ 250
155.2210 Purpose and applicability........................................................................................................................................................................... 250
155.2225 Response plan submission requirements.................................................................................................................................................... 250
155.2230 Response plan development and evaluation criteria................................................................................................................................... 250
Appendix A to Part 155—Specifications for Shore Connection........................................................................................................................................ 250
Appendix B to Part 155—Determining and Evaluating Required Response Resources for Vessel Response Plans.......................................................... 251
2. Equipment Operability and Readiness ...................................................................................................................................................................... 251
3. Determining Response Resources Required/or the Average Most Probable Discharge ............................................................................................ 251
4. Determining Response Resources Required for the Maximum Most Probable Discharge ........................................................................................ 251
5. Determining Response Resources Required for the Worst Case Discharge to the Maximum Extent Practicable...................................................... 252
6. Determining Effective Daily Recovery Capacity for Oil Recovery Devices............................................................................................................... 252
7. Calculating the Worst Case Discharge Planning Volumes........................................................................................................................................ 253
8. Determining the Availability of High-Rate Response Methods.................................................................................................................................. 254
9. Additional Equipment Necessary to Sustain Response Operations............................................................................................................................ 254
Appendix C to Part 155—Training Elements for Oil Spill Response Plans. ..................................................................................................................... 255
2. Elements to be Addressed.......................................................................................................................................................................................... 255
3. Further Considerations ............................................................................................................................................................................................. 255
4. Conclusion ................................................................................................................................................................................................................ 255
PART 156 - OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS ............................................................................................................. 259
Subpart A—Oil and Hazardous Material Transfer Operations .......................................................................................................................................... 259
156.100 Applicability................................................................................................................................................................................................ 259
156.105 Definitions................................................................................................................................................................................................... 259
156.107 Alternatives. ................................................................................................................................................................................................ 259
156.110 Exemptions.................................................................................................................................................................................................. 259
156.111 Incorporation by reference........................................................................................................................................................................... 259
156.112 Suspension order. ........................................................................................................................................................................................ 260
156.113 Compliance with suspension order. ............................................................................................................................................................. 260
156.115 Person in charge: Limitations. ..................................................................................................................................................................... 260
156.118 Advance notice of transfer........................................................................................................................................................................... 260
156.120 Requirements for transfer. ........................................................................................................................................................................... 260
156.125 Discharge cleanup. ...................................................................................................................................................................................... 261
156.130 Connection. ................................................................................................................................................................................................. 262
156.150 Declaration of inspection............................................................................................................................................................................. 262
156.160 Supervision by person in charge. ................................................................................................................................................................. 262
156.170 Equipment tests and inspections. ................................................................................................................................................................. 262
Subpart B—Special Requirements for Lightering of Oil and Hazardous Material Cargoes .............................................................................................. 263
156.200 Applicability................................................................................................................................................................................................ 263
156.205 Definitions................................................................................................................................................................................................... 263
156.210 General. ....................................................................................................................................................................................................... 263
156.215 Pre-arrival notices........................................................................................................................................................................................ 264
156.220 Reporting of incidents. ................................................................................................................................................................................ 264
156.225 Designation of lightering zones. .................................................................................................................................................................. 264
156.230 Factors considered in designating lightering zones...................................................................................................................................... 264
Subpart C—Lightering Zones and Operational Requirements for the Gulf of Mexico...................................................................................................... 264
156.300 Designated lightering zones......................................................................................................................................................................... 264
156.320 Maximum operating conditions. .................................................................................................................................................................. 265
156.330 Operations. .................................................................................................................................................................................................. 265
PART 157 - RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING TO TANK VESSELS CARRYING OIL IN BULK 266
Subpart A—General.......................................................................................................................................................................................................... 267
157.01 Applicability.................................................................................................................................................................................................. 267
157.02 Incorportion by reference. ............................................................................................................................................................................. 267
157.03 Definitions..................................................................................................................................................................................................... 268
157.04 Authorization of classification societies. ....................................................................................................................................................... 269
157.05 Performing calculations for this part.............................................................................................................................................................. 269
157.06 Appeals.......................................................................................................................................................................................................... 269
157.07 Equivalents. ................................................................................................................................................................................................... 270
Subpart B—Design, Equipment, and Installation.............................................................................................................................................................. 270
157.08 Applicability of Subpart B............................................................................................................................................................................. 270
157.09 Segregated ballast.......................................................................................................................................................................................... 270
157.10 Segregated ballast tanks and crude oil washing systems for certain new vessels. .......................................................................................... 271
157.10a Segregated ballast tanks, crude oil washing systems, and dedicated clean ballast tanks for certain new and existing vessels of 40,000 DWT
or more. ......................................................................................................................................................................................................................... 271
157.10b Segregated ballast tanks, dedicated clean ballast tanks, and special ballast arrangements for tank vessels transporting Outer Continental
Shelf oil......................................................................................................................................................................................................................... 271
157.10c Segregated ballast tanks, crude oil washing systems, and dedicated clean ballast tanks for certain new and existing tankships of 20,000 to
40,000 DWT.................................................................................................................................................................................................................. 272
157.10d Double hulls on tank vessels........................................................................................................................................................................ 272
157.11 Pumping, piping and discharge arrangements................................................................................................................................................ 274
157.12 Cargo monitor and control system................................................................................................................................................................. 275
157.13 Designated observation area. ......................................................................................................................................................................... 275
157.15 Slop tanks in tank vessels. ............................................................................................................................................................................. 275
157.17 Oily residue tank. .......................................................................................................................................................................................... 275
157.19 Cargo tank arrangement and size. .................................................................................................................................................................. 275
157.21 Subdivision and stability. .............................................................................................................................................................................. 276
157.23 Cargo and ballast system information............................................................................................................................................................ 276
157.24 Submission of calculations, plans, and specifications.................................................................................................................................... 276
157.24a Submission of calculations, plans, and specifications for existing vessels installing segregated ballast tanks. ............................................ 276
Subpart C—Vessel Operation ........................................................................................................................................................................................... 277
157.25 Applicability of subpart C. ............................................................................................................................................................................ 277
157.26 Operation of a tank vessel in violation of regulations.................................................................................................................................... 277
157.27 Discharges: Tank vessels carrying oil exclusively on rivers, lakes, bays, sounds, and the Great Lakes, and seagoing tank vessels of less than
150 gross tons................................................................................................................................................................................................................ 277
157.28 Discharges from tank barges exempted from certain design requirements. ................................................................................................... 277
157.29 Discharges: Seagoing tank vessels of 150 gross tons or more. ...................................................................................................................... 277
157.31 Discharges: Chemical additives..................................................................................................................................................................... 277
157.33 Water ballast in oil fuel tanks. ....................................................................................................................................................................... 277
157.35 Ballast added to cargo tanks. ......................................................................................................................................................................... 277
157.37 Discharge of cargo residue. ........................................................................................................................................................................... 277
157.39 Machinery space bilges. ................................................................................................................................................................................ 278
157.41 Emergencies. ................................................................................................................................................................................................. 278
157.43 Discharges of clean and segregated ballast: Seagoing tank vessels of 150 gross tons or more. ..................................................................... 278
157.45 Valves in cargo or ballast piping system........................................................................................................................................................ 278
157.47 Information for master................................................................................................................................................................................... 278
157.49 Instruction manual. ........................................................................................................................................................................................ 278
Subpart D—Crude Oil Washing (COW) System on Tank Vessels.................................................................................................................................... 278
General.......................................................................................................................................................................................................................... 278
157.102 Plans for foreign tank vessels: Submission. ................................................................................................................................................. 278
157.104 Scale models................................................................................................................................................................................................ 279
157.106 Letter of acceptance..................................................................................................................................................................................... 279
157.110 Crude Oil Washing Operations and Equipment Manual for foreign tank vessels: Submission. ................................................................... 279
157.112 Approved Crude Oil Washing Operations and Equipment Manual ............................................................................................................. 279
157.114 Crude Oil Washing Operations and Equipment Manual: Not approved....................................................................................................... 279
157.118 Required documents: Foreign tank vessels. ................................................................................................................................................. 279
157.110 Waiver of required documents..................................................................................................................................................................... 279
157.124 COW tank washing machines...................................................................................................................................................................... 280
157.126 Pumps.......................................................................................................................................................................................................... 280
157.128 Stripping system. ......................................................................................................................................................................................... 280
157.130 Crude oil washing with more than one grade of crude oil............................................................................................................................ 281
157.132 Cargo tanks: Hydrocarbon vapor emissions................................................................................................................................................. 281
157.134 Cargo tank drainage..................................................................................................................................................................................... 281
157.136 Two-way voice communications. ................................................................................................................................................................ 281
157.138 Crude Oil Washing Operations and Equipment Manual. ............................................................................................................................. 281
157.142 Letter of acceptance: Inspections................................................................................................................................................................. 282
157.144 Tank vessels of the same class: Inspections................................................................................................................................................. 282
157.147 Similar tank design: Inspections on foreign tank vessels. ............................................................................................................................ 282
157.148 COW system: Evidence for inspections....................................................................................................................................................... 282
157.150 Crude Oil Washing Operations and Equipment Manual:............................................................................................................................. 282
Recording information after inspections.................................................................................................................................................................... 282
157.154 Assistant personnel...................................................................................................................................................................................... 282
157.156 COW operations: Meeting manual requirements......................................................................................................................................... 283
157.158 COW operations: Changed characteristics................................................................................................................................................... 283
157.160 Tanks: Ballasting and crude oil washing. .................................................................................................................................................... 283
157.162 Crude oil washing during a voyage.............................................................................................................................................................. 284
157.164 Use of inert gas system. ............................................................................................................................................................................... 284
157.166 Hydrocarbon emissions. .............................................................................................................................................................................. 284
157.168 Crew member: Main deck watch. ................................................................................................................................................................ 284
157.170 COW equipment: Removal.......................................................................................................................................................................... 284
157.172 Limitations on grades of crude oil carried. .................................................................................................................................................. 284
Subpart E—Dedicated Clean Ballast Tanks on Tank Vessels ........................................................................................................................................... 284
157.204 Letter of acceptance..................................................................................................................................................................................... 284
157.208 Dedicated Clean Ballast Tanks Operations Manual for foreign tank vessels: Submission........................................................................... 284
157.210 Approved Dedicated Clean Ballast Tanks Operations Manual .................................................................................................................... 284
157.212 Dedicated Clean Ballast Tanks Operations Manual: Not approved. ............................................................................................................ 285
157.216 Required documents: Foreign tank vessels. ................................................................................................................................................. 285
157.218 Dedicated clean ballast tanks: Alterations. .................................................................................................................................................. 285
157.222 Pump and piping arrangements.................................................................................................................................................................... 285
157.224 Dedicated Clean Ballast Tanks Operations Manual..................................................................................................................................... 285
Dedicated Clean Ballast Tanks Operations.................................................................................................................................................................... 285
157.225 Dedicated clean ballast tanks operations: General ....................................................................................................................................... 285
157.226 Dedicated Clean Ballast Tanks Operations Manual: Procedures to be followed.......................................................................................... 286
157.228 Isolating Valves: Closed during a voyage.................................................................................................................................................... 286
Subpart F—Exemption From § 157.10a or § 157.10c ....................................................................................................................................................... 286
157.300 Qualifications for exemptions under this part. ............................................................................................................................................. 286
157.302 Applying for an exemption or requesting modification of an exemption..................................................................................................... 286
157.304 Shore-based reception facility: standards..................................................................................................................................................... 286
157.306 Granting, denying, or modifying an exemption. .......................................................................................................................................... 286
157.308 Revocation of exemption: procedure and appeals........................................................................................................................................ 286
157.310 Exempted vessels: operations. ..................................................................................................................................................................... 286
Subpart G—Structural And Operational Measures For Certain Tank Vessels Without Double Hulls Carrying Petroleum Oils ....................................... 287
157.400 Purpose and applicability............................................................................................................................................................................. 287
157.410 Emergency lightering requirements for oil tankers. ..................................................................................................................................... 287
157.415 Bridge resource management policy and procedures................................................................................................................................... 287
157.420 Vessel specific watch policy and procedures............................................................................................................................................... 287
157.430 Enhanced survey requirements. ................................................................................................................................................................... 288
157.435 Vital systems surveys. ................................................................................................................................................................................. 288
157.440 Autopilot alarm or indicator. ....................................................................................................................................................................... 288
157.445 Maneuvering performance capability. ......................................................................................................................................................... 288
157.450 Maneuvering and vessel status information. ................................................................................................................................................ 288
157.455 Minimum under-keel clearance. .................................................................................................................................................................. 288
157.460 Additional operational requirements for tank barges. .................................................................................................................................. 289
Subpart H—Structural and Operational Measures for Certain Tank Vessels Without Double Halls Carrying Animal Fat or Vegetable Oil .................... 289
157.500 Purpose and applicability............................................................................................................................................................................. 289
157.510 Operational measures. ................................................................................................................................................................................. 289
Subpart I—Structural and Operational Measures for Certain Tank Vessels Without Double Hulls Carrying Other Non-Petroleum Oil. ......................... 289
157.600 Purpose and applicability............................................................................................................................................................................. 289
157.610 Operational measures. ................................................................................................................................................................................. 289
Appendix A to Part 157—Damage Assumptions, Hypothetical Outflows, and Cargo Tank Size and Arrangements........................................................ 289
Appendix B to Part 157—-Subdivision and Stability Assumptions .................................................................................................................................. 290
Appendix C to Part 157 - Procedure for Determining Distribution of Segregated Ballast Tanks To Provide Protection Against Oil Outflow in the Event of
Grounding, Ramming, or Collision ....................................................................................................................................................................................... 291
Appendix D to Part 157—Example of a Procedure for Dedicated Clean Ballast Tanks Operations.................................................................................. 292
Appendix E to Part 157—Specifications for the Design, Installation and Operation of a Part flow System for Control of Overboard Discharges........... 292
1. Purpose ..................................................................................................................................................................................................................... 292
2. Application................................................................................................................................................................................................................ 292
3. General Provisions.................................................................................................................................................................................................... 292
4. System Arrangement.................................................................................................................................................................................................. 293
5. Operation .................................................................................................................................................................................................................. 293
Appendix F to Part 157 - Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Tankers ............................................... 294
1. Purpose ..................................................................................................................................................................................................................... 294
2. Background ............................................................................................................................................................................................................... 294
3. Application................................................................................................................................................................................................................ 294
4. Definitions................................................................................................................................................................................................................. 294
5. Implementation Requirements ................................................................................................................................................................................... 295
6. Technical Specifications............................................................................................................................................................................................ 296
7. Equipment, Operation and Maintenance Manuals .................................................................................................................................................... 298
Appendix G to Part 157—Timetables for Application of Double Hull Requirements....................................................................................................... 298
PART 158 - RECEPTION FACILITIES FOR OIL NOXIOUS LIQUID SUBSTANCES AND GARBAGE...................................................................... 300
158.100 Purpose........................................................................................................................................................................................................ 300
158.110 Applicability................................................................................................................................................................................................ 300
158.115 Penalties for violation.................................................................................................................................................................................. 300
158.120 Definitions and acronyms. ........................................................................................................................................................................... 301
158.130 Delegations.................................................................................................................................................................................................. 302
158.133 Which ports and terminals must provide reception facilities?...................................................................................................................... 302
158.135 Which ports and terminals must have Certificates of Adequacy? ............................................................................................................... 302
158.140 Applying for a Certificate of Adequacy....................................................................................................................................................... 302
158.150 Waivers and alternatives.............................................................................................................................................................................. 302
158.160 Issuance and termination of a Certificate of Adequacy................................................................................................................................ 302
158.163 Reception facility operations. ...................................................................................................................................................................... 303
158.165 Certificate of Adequacy: Change of information. ........................................................................................................................................ 303
158.167 Reporting inadequate reception facilities..................................................................................................................................................... 303
158.172 Notification of a suspension order. .............................................................................................................................................................. 303
158.174 Suspension of a Certificate of Adequacy: Procedure. .................................................................................................................................. 303
158.176 Effect of suspension of a Certificate of Adequacy....................................................................................................................................... 303
158.178 Actions during a suspension. ....................................................................................................................................................................... 303
158.180 Certificate of Adequacy: Procedures after revocation or the part no longer applies..................................................................................... 303
158.190 Appeals........................................................................................................................................................................................................ 303
Subpart B—Criteria for Reception Facilities: Residues and Mixtures Containing Oil ...................................................................................................... 304
158.200 General. ....................................................................................................................................................................................................... 304
158.210 Ports and terminals loading crude oil........................................................................................................................................................... 304
158.220 Ports and terminals loading more than 1,000 metric tons of oil other than crude oil or bunker oil. ............................................................. 304
158.230 Ports and terminals other than ports and terminals under §§ 158.210, 158.220, and 158.240...................................................................... 304
158.240 Ship repair yards.......................................................................................................................................................................................... 304
158.250 Standard discharge connection. ................................................................................................................................................................... 305
Subpart C—Criteria for Certifying That a Port's or Terminal's Facilities Are Adequate for Receiving NLS Residue....................................................... 305
158.300 Purpose........................................................................................................................................................................................................ 305
158.310 Reception facilities: General........................................................................................................................................................................ 305
158.320 Reception facilities: Capacity, and exceptions............................................................................................................................................. 305
158.330 Ports and terminals: Equipment ................................................................................................................................................................... 305
Subpart D—Criteria for Adequacy of Reception Facilities: Garbage................................................................................................................................ 305
158.400 Purpose........................................................................................................................................................................................................ 305
158.410 Reception facilities: General........................................................................................................................................................................ 305
158.420 Reception facilities: Capacity and exceptions.............................................................................................................................................. 305
Subpart E—Port and Terminal Operations........................................................................................................................................................................ 306
158.500 Draining cargo area and piping systems. ..................................................................................................................................................... 306
158.520 Following the instruction manual. ............................................................................................................................................................... 306
PART 159 - MARINE SANITATION DEVICES ................................................................................................................................................................ 307
Subpart A—General.......................................................................................................................................................................................................... 307
159.1 Purpose............................................................................................................................................................................................................ 307
159.3 Definitions....................................................................................................................................................................................................... 307
159.5 Requirements for vessel manufacturers. .......................................................................................................................................................... 308
159.7 Requirements for vessel operators. .................................................................................................................................................................. 308
Subpart C—Design, Construction, and Testing................................................................................................................................................................. 308
159.55 Identification. ................................................................................................................................................................................................ 308
159.59 Placard........................................................................................................................................................................................................... 308
PART 160 - PORTS AND WATERWAYS SAFETY - GENERAL .................................................................................................................................... 309
Subpart A—General.......................................................................................................................................................................................................... 309
160.1 Purpose............................................................................................................................................................................................................ 309
160.3 Definitions....................................................................................................................................................................................................... 309
160.5 Delegations...................................................................................................................................................................................................... 309
160.7 Appeals............................................................................................................................................................................................................ 310
Subpart B—Control of Vessel and Facility Operations..................................................................................................................................................... 310
160.101 Purpose........................................................................................................................................................................................................ 310
160.103 Applicability................................................................................................................................................................................................ 310
160.105 Compliance with orders............................................................................................................................................................................... 310
160.107 Denial of entry............................................................................................................................................................................................. 310
160.109 Waterfront facility safety. ............................................................................................................................................................................ 310
160.111 Special orders applying to vessel operations................................................................................................................................................ 310
160.113 Prohibition of vessel operation and cargo transfers. .................................................................................................................................... 311
160.115 Withholding of clearance............................................................................................................................................................................. 311
Subpart C—Notifications of Arrivals, Departures, Hazardous Conditions, and Certain Dangerous Cargoes.................................................................... 311
160.201 Applicability and exceptions to applicability............................................................................................................................................... 311
160.203 Definitions................................................................................................................................................................................................... 311
160.205 Waivers. ...................................................................................................................................................................................................... 312
160.207 Notice of arrival: Vessels bound for ports or places in the United States..................................................................................................... 312
160.209 [Reserved] ................................................................................................................................................................................................... 312
160.211 Notice of arrival: Vessels carrying certain dangerous cargo. ....................................................................................................................... 312
160.213 Notice of departure: Vessels carrying certain dangerous cargo.................................................................................................................... 313
160.215 Notice of hazardous conditions.................................................................................................................................................................... 313
PART 161 - VESSEL TRAFFIC MANAGEMENT ............................................................................................................................................................. 314
Subpart A—Vessel Traffic Services.................................................................................................................................................................................. 314
General Rules................................................................................................................................................................................................................ 314
161.1 Purpose and Intent ........................................................................................................................................................................................... 314
161.2 Definitions....................................................................................................................................................................................................... 314
161.3 Applicability.................................................................................................................................................................................................... 315
161.4 Requirement to carry the rules......................................................................................................................................................................... 315
161.5 Deviations from the rules. ............................................................................................................................................................................... 315
Services, VTS Measures, and Operating Requirements ................................................................................................................................................ 315
161.10 Services. ........................................................................................................................................................................................................ 315
161.11 VTS measures................................................................................................................................................................................................ 315
161.12 Vessel operating requirements....................................................................................................................................................................... 315
161.13 VTS Special Area Operating Requirements................................................................................................................................................... 317
Subpart B - Vessel Movement Reporting System (VMRS)............................................................................................................................................... 317
161.15 Purpose and intent ......................................................................................................................................................................................... 317
161.16 Applicability.................................................................................................................................................................................................. 317
161.17 Definitions..................................................................................................................................................................................................... 317
161.18 Reporting requirements. ................................................................................................................................................................................ 317
161.19 Sailing Plan (SP). .......................................................................................................................................................................................... 318
161.20 Position Report (PR)...................................................................................................................................................................................... 318
161.21 Sailing Plan Deviation Report (DR). ............................................................................................................................................................. 318
161.22 Final Report (FR). ......................................................................................................................................................................................... 318
161.23 Reporting exemptions.................................................................................................................................................................................... 318
Subpart C—Vessel Traffic Service Areas, Cooperative Vessel Traffic Service Area, Vessel Traffic Service Special Areas and Reporting Points.......... 319
161.25 Vessel Traffic Service New York Area. ........................................................................................................................................................ 319
161.30 Vessel Traffic Service Louisville................................................................................................................................................................... 319
161.35 Vessel Traffic Service Houston/Galveston. ................................................................................................................................................... 319
161.40 Vessel Traffic Service Berwick Bay.............................................................................................................................................................. 319
161.45 Vessel Traffic Service St. Marys River. ........................................................................................................................................................ 319
161.50 Vessel Traffic Service San Francisco. ........................................................................................................................................................... 319
161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region............................................. 321
161.60 Vessel Traffic Service Prince William Sound................................................................................................................................................ 321
PART 162 - INLAND WATERWAYS NAVIGATION REGULATONS ........................................................................................................................... 323
162.1 General ............................................................................................................................................................................................................ 323
162.15 Manhasset Bay, N.Y.; seaplane restricted area. ............................................................................................................................................. 323
162.20 Flushing Bay near La Guardia Airport, Flushing, N.Y.; ................................................................................................................................ 323
restricted area. ........................................................................................................................................................................................................... 323
162.30 Channel of Tuckerton Creek, N.J.; navigation............................................................................................................................................... 324
162.35 Channel of Christina River, Del.; navigation................................................................................................................................................. 324
162.40 Inland waterway from Delaware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware Canal). ............................................ 324
162.65 All waterways tributary to the Atlantic Ocean south of Chesapeake Bay and all waterways tributary to the Gulf of Mexico east and south of
St. Marks, Fla. ............................................................................................................................................................................................................... 324
162.75 All waterways tributary to the Gulf of Mexico (except the Mississippi River, its tributaries. South and Southwest Passes and Atchafalaya
River) from St. Marks, Fla., to the Rio Grande. ............................................................................................................................................................ 325
162.80 Mississippi River below mouth of Ohio River, including South and Southwest pusses................................................................................. 326
162.85 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at Kleinston Landing to Fisher Street; navigation.............................................. 326
162.90 White River, Arkansas Post Canal, Arkansas River, and Verdigris River between Mississippi River, Ark., and Catoosa, Okla.;use,
administration and navigation ....................................................................................................................................................................................... 326
162.100 Ohio River at Louisville, KY....................................................................................................................................................................... 327
162.105 Missouri River; administration and navigation. ........................................................................................................................................... 327
162.110 Duluth-Superior Harbor, Minnesota and Wisconsin. ................................................................................................................................... 327
162.115 Keweenaw Waterway, Mien........................................................................................................................................................................ 327
162.117 St. Marys River, Sault Ste. Marie, Michigan. .............................................................................................................................................. 327
162.120 Harbors on Lake Michigan. ......................................................................................................................................................................... 328
162.125 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wise................................................................................................................................ 329
162.130 Connecting waters from Lake Huron to Lake Erie; general rules. ............................................................................................................... 329
162.132 Connecting waters from Lake Huron to Lake Erie; communications rules.................................................................................................. 329
162.134 Connecting waters from Lake Huron to Lake Erie; traffic rules. ................................................................................................................. 330
162.136 Connecting waters from Lake Huron to Lake Erie; anchorage grounds....................................................................................................... 330
162.138 Connecting waters from Lake Huron to Lake Erie; speed rules................................................................................................................... 330
162.140 Connecting waters from Lake Huron to Lake Erie; miscellaneous rules...................................................................................................... 331
162.145 Monroe Harbor, Mich.................................................................................................................................................................................. 331
162.150 Maumee Bay and River, Ohio. .................................................................................................................................................................... 331
162.155 Sandusky and Huron Harbors, Ohio. ........................................................................................................................................................... 331
162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Harbors, Ohio....................................................................................... 331
162.165 Buffalo and Rochester Harbors, New York ................................................................................................................................................. 331
162.175 Black Rock Canal and Lock at Buffalo, New York. .................................................................................................................................... 331
162.195 Santa Monica Bay, Calif.; restricted area..................................................................................................................................................... 331
162.200 Marina del Rey, Calif.; restricted area. ........................................................................................................................................................ 331
162.205 Suisun Bay, San Joaquin River, Sacramento River, and connecting waters, CA. ........................................................................................ 331
162.210 Lake Tahoe, Calif.; restricted areas along south shore................................................................................................................................. 333
162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach. ..................................................................................................................... 333
162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-Nev................................................................................................. 333
162.225 Columbia and Willamette Rivers, Washington and Oregon; administration and navigation........................................................................ 333
162.230 Columbia River, Wash. ............................................................................................................................................................................... 334
162.235 Puget Sound Area, Wash. ............................................................................................................................................................................ 334
162.240 Tongass Narrows, Alaska; navigation.......................................................................................................................................................... 334
162.245 Kenai River, Kenai, Alaska; use, administration, and navigation. ............................................................................................................... 334
162.250 Port Alexander, Alaska; speed of vessels. ................................................................................................................................................... 334
162.255 Wrangell Narrows, Alaska; use, administration, and navigation.................................................................................................................. 334
162.260 Channel leading to San Juan Harbor, P.R.; use, administration, and navigation. ......................................................................................... 335
162.270 Restricted areas in vicinity of Maritime Administration Reserve Fleets. ..................................................................................................... 335
PART 163 - TOWING OF BARGES ................................................................................................................................................................................... 336
163.01 Application. ................................................................................................................................................................................................... 336
163.05 Tows of seagoing barges within inland waters. ............................................................................................................................................. 336
163.20 Bunching of tows........................................................................................................................................................................................... 336
PART 164 - NAVIGATION SAFETY REGULATIONS..................................................................................................................................................... 337
164.01 Applicability.................................................................................................................................................................................................. 337
164.02 Applicability exception for foreign vessels.................................................................................................................................................... 337
164.03 Incorporation by reference............................................................................................................................................................................. 337
164.11 Navigation under way: General. .................................................................................................................................................................... 338
164.13 Navigation underway: tankers. ...................................................................................................................................................................... 338
164.15 Navigation bridge visibility. .......................................................................................................................................................................... 339
164.19 Requirements for vessels at anchor................................................................................................................................................................ 339
164.25 Tests before entering or getting underway..................................................................................................................................................... 339
164.30 Charts, publications, and equipment: General................................................................................................................................................ 339
164.33 Charts and publications. ................................................................................................................................................................................ 339
164.35 Equipment: All vessels. ................................................................................................................................................................................. 340
164.37 Equipment: Vessels of 10, 000 gross tons or more. ....................................................................................................................................... 340
164.38 Automatic radar plotting aids (ARPA). ......................................................................................................................................................... 340
Appendix A to §164.38—Performance Standards For Automatic Radar Plotting Aids (ARPA)....................................................................................... 341
1. Introduction............................................................................................................................................................................................................... 341
2. Definitions................................................................................................................................................................................................................. 341
3. Performance Standards............................................................................................................................................................................................. 341
Annex 1 to Appendix A—Definitions of Terms To Be Used Only in Connection With ARPA Performance Standards. ................................................. 343
Annex 2 Appendix A—Operational Scenarios.................................................................................................................................................................. 343
Scenario 1 ..................................................................................................................................................................................................................... 343
Scenario 2 ..................................................................................................................................................................................................................... 343
Scenario 3 ..................................................................................................................................................................................................................... 343
Scenario 4 ..................................................................................................................................................................................................................... 343
Annex 3 to Appendix A—Sensor Errors ........................................................................................................................................................................... 343
Quantization.................................................................................................................................................................................................................. 344
Appendix B to §164.38—U.S. Maritime Administration Collision Avoidance System Specification............................................................................... 344
164.39 Steering gear: Foreign tankers. ...................................................................................................................................................................... 344
164.40 Devices to indicate speed and distance. ......................................................................................................................................................... 344
164.41 Electronic position fixing devices.................................................................................................................................................................. 345
164.42 Rate of turn indicator..................................................................................................................................................................................... 345
164.43 Automated Dependent Surveillance Shipborne Equipment ........................................................................................................................... 345
164.51 Deviations from roles: Emergency. ............................................................................................................................................................... 346
164.53 Deviation from rule* aid reporting: Non-operating equipment...................................................................................................................... 346
164.55 Deviations from rules: Continuing operation or period of time. .................................................................................................................... 346
164.61 Marine casualty reporting and record retention. ............................................................................................................................................ 346
164.70 Definitions..................................................................................................................................................................................................... 346
164.72 Navigational-safety equipment, charts or maps, and publications required on towing vessels....................................................................... 346
164.74 Towline and terminal gear for towing astern. ................................................................................................................................................ 348
164.76 Towline and terminal gear for towing alongside and pushing ahead. ............................................................................................................ 348
164.78 Navigation under way: Towing vessels. ........................................................................................................................................................ 348
164.80 Tests and inspections..................................................................................................................................................................................... 349
164.82 Maintenance, failure, and reporting. .............................................................................................................................................................. 349
PART 165 - REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS .................................................................................................. 350
Subpart A—General.......................................................................................................................................................................................................... 351
165.1 Purpose of part. ............................................................................................................................................................................................... 351
165.5 Establishment procedures. ............................................................................................................................................................................... 351
165.7 Notification. .................................................................................................................................................................................................... 351
165.8 Geographic coordinates. .................................................................................................................................................................................. 351
Subpart B—Regulated Navigation Areas .......................................................................................................................................................................... 352
165.10 Regulated navigation areas. ........................................................................................................................................................................... 352
165.11 Vessel operating requirements (regulations).................................................................................................................................................. 352
165.13 General regulations........................................................................................................................................................................................ 352
Subpart C—Safety Zones.................................................................................................................................................................................................. 352
165.20 Safety zones................................................................................................................................................................................................... 352
165.23 General regulations........................................................................................................................................................................................ 352
Subpart D—Security Zones............................................................................................................................................................................................... 352
165.30 Security zones................................................................................................................................................................................................ 352
165.33 General regulations........................................................................................................................................................................................ 352
Subpart E—Restricted Waterfront Areas .......................................................................................................................................................................... 352
165.40 Restricted waterfront areas. ........................................................................................................................................................................... 352
Subpart F—Specific Regulated Navigation Areas and Limited Access Areas .................................................................................................................. 352
First Coast Guard District.............................................................................................................................................................................................. 352
165.101 Kittery, Maine—regulated navigation area.................................................................................................................................................. 352
165.102 Security Zone; Walkers Point, Kennebunkport ME..................................................................................................................................... 352
165.103 Safety Zone: Portsmouth Harbor, Portsmouth, New Hampshire.................................................................................................................. 353
165.110 Boston Harbor, Boston, Massachusetts........................................................................................................................................................ 353
165.111 Safety Zone: Boston Harbor, Boston, Massachusetts................................................................................................................................... 353
165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts. ................................................................................................................... 353
165.120 Safety zone: Chelsea River, Boston Inner Harbor, Boston, MA. ................................................................................................................. 353
165.121 Safety Zone: Rhode Island Sound, Narragansett Bay, Providence River. ................................................................................................... 354
165.122 Providence River, Providence, RI—regulated navigation area. ................................................................................................................... 354
165.130 Sandy Hook Bay, New Jersey—security zone............................................................................................................................................. 354
165.140 New London Harbor, Connecticut—security zone. ..................................................................................................................................... 355
165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME............................................................................................................. 355
165.150 New Haven Harbor, Quinnipiac River, Mill River. ..................................................................................................................................... 355
165.155 Northville Industries Offshore Platform, Riverhead, Long Island, New York—safety zone. ...................................................................... 355
165.160 New York, New Jersey, Sandy Hook Channel, Raritan Bay, Arthur Kill—safety zone. ............................................................................. 355
165.165 Kill Van Kull, New York and New Jersey—regulated navigation area. ...................................................................................................... 356
165.502 Cove Point, Chesapeake Bay, Maryland—safety zone. ............................................................................................................................... 360
165.503 Chesapeake Bay ice navigation season........................................................................................................................................................ 360
165.504 Newport News Shipbuilding and Dry Dock Company Shipyard, James River, Newport News, Va............................................................ 360
165.510 Delaware Bay and River—regulated navigation area. ................................................................................................................................. 361
165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina. ...................................................................................................................... 361
165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC..................................................................................................................... 361
Seventh Coast Guard District ........................................................................................................................................................................................ 362
165.703 Tampa Bay, Florida—Safety Zone. ............................................................................................................................................................. 362
165.704 Tampa Bay, Florida, Safety Zone. ............................................................................................................................................................... 362
165.T0704 Safety Zone: Savannah River, Savannah, Georgia. ................................................................................................................................. 363
165.705 Port Canaveral Harbor, Cape Canaveral, Florida......................................................................................................................................... 363
165.709 Egmont Channel, Tampa Bay, FL—regulated navigation area.................................................................................................................... 363
165.714 Regulated Navigation Area; Atlantic Ocean, Charleston, SC ...................................................................................................................... 363
165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL ............................................................................................................................. 364
165.721 Safety Zone: St. Johns River, Jacksonville, FL............................................................................................................................................ 364
165.722 Security Zone: St. Johns River, Jacksonville, Florida.................................................................................................................................. 364
165.728 Jacksonville, Florida—safety zones............................................................................................................................................................. 364
165.729 Jacksonville Harbor, Florida—security zone. .............................................................................................................................................. 364
165.730 King's Bay, Georgia—Regulated navigation area........................................................................................................................................ 365
165.731 Safety/Security Zone: Cumberland Sound, Georgia and St. Marys River Entrance Channel....................................................................... 365
165.735 Brunswick, Georgia, Turtle River, Vicinity of Sydney Lanier Bridge. ........................................................................................................ 365
165.752 Sparkman Channel, Tampa, Florida—regulated navigation area................................................................................................................. 365
165.753 Regulated navigation area; Tampa Bay, Florida. ......................................................................................................................................... 366
Eighth Coast Guard District .......................................................................................................................................................................................... 366
165.802 Lower Mississippi River vicinity of Old River Control Structure—Safety Zone......................................................................................... 366
165.803 Mississippi River—regulated navigation area. ............................................................................................................................................ 366
165.804 Snake Island, Texas City, Texas; mooring and fleeting of vessels—safety zone. ........................................................................................ 367
165.805 Calcasieu Channel and Industrial Canal, Calcasieu River, Lake Charles, LA.............................................................................................. 367
165.806 Sabine Neches Waterway, Texas—regulated navigation area. .................................................................................................................... 368
165.807 Calcasieu River, Louisiana—regulated navigation area............................................................................................................................... 368
165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety zone. .................................................................................................................. 368
165.810 Mississippi River, LA—regulated navigation area. ..................................................................................................................................... 368
165.811 Atchafalaya River, Berwick Bay, LA—regulated navigation area............................................................................................................... 369
165.902 Niagara River at Niagara Falls, New York—safety zone............................................................................................................................. 370
165.903 Safety Zones: Cuyahoga River and Old River, Cleveland, OH.................................................................................................................... 370
165.904 Lake Michigan at Chicago Harbor & Burnham Park Harbor—Safety and Security Zone. .......................................................................... 370
165.905 USX Superfund Cite Safety Zones: St. Louis River. ................................................................................................................................... 371
165.1102 Security Zone: San Diego Bay, California................................................................................................................................................. 371
165.1103 Security Zone: San Diego Bay, California................................................................................................................................................. 371
165.1104 Security Zone: San Diego Bay, California................................................................................................................................................. 372
165.1105 Security Zone: San Diego Bay, California................................................................................................................................................. 372
165.1106 Security Zone: San Diego Bay, California................................................................................................................................................. 372
165.1107 San Diego Bay, California—safety zone. .................................................................................................................................................. 372
165.1108 San Diego Bay, California......................................................................................................................................................................... 372
165.1109 San Pedro Bay, California—Regulated navigation area............................................................................................................................. 372
165.1110 Safety Zone: Los Angeles Harbor—San Pedro Bay, CA........................................................................................................................... 373
165.1111 Security Zone: Wilson Cove, San Clemente Island, California.................................................................................................................. 373
165.1114 San Francisco Bay Region, California—regulated navigation area. .......................................................................................................... 374
Thirteenth Coast Guard District .................................................................................................................................................................................... 376
165.1301 Puget Sound, and Adjacent Waters in Northwestern Washington—Regulated Navigation Area.............................................................. 376
165.1302 Bangor Naval Submarine Base, Bangor, WA. ........................................................................................................................................... 377
165.1303 Puget Sound and adjacent waters, WA—regulated navigation area........................................................................................................... 377
165.1304 Bellingham Bay, Bellingham, WA—safety zone regulations. ................................................................................................................... 377
165.1305 Commencement Bay, Tacoma, WA. ......................................................................................................................................................... 377
165.1306 Lake Union, Seattle, WA........................................................................................................................................................................... 377
165.1307 Elliot Bay, Seattle, WA. ............................................................................................................................................................................ 378
165.1308 Columbia River, Vancouver, WA.............................................................................................................................................................. 378
Fourteenth Coast Guard District.................................................................................................................................................................................... 378
165.1401 Apra Harbor, Guam—safety zones. ........................................................................................................................................................... 378
165.1402 Apra Outer Harbor, Guam—regulated navigation area.............................................................................................................................. 378
165.1403 Security Zone: Tinian, Commonwealth Northern Marianas Islands. ......................................................................................................... 378
165.1404 Apra Harbor, Guam—security zone. ......................................................................................................................................................... 378
165.1406 Safety Zone: Pacific Missile Range Facility (PMRF), Barking Sands, Island of Kauai, Hawaii................................................................ 379
Seventeenth Coast Guard District.................................................................................................................................................................................. 379
165.1701 Port Valdez, Valdez, Alaska—safety zone. ............................................................................................................................................... 379
165.1702 Gastineau Channel, Juneau, Alaska—safety zone. .................................................................................................................................... 379
165.1703 Ammunition Island, Port Valdez, Alaska................................................................................................................................................... 379
165.1704 Prince William Sound, Alaska—regulated navigation area. ...................................................................................................................... 379
165.1705 Ketchikan Harbor, Ketchikan, Alaska—safety zone.................................................................................................................................. 380
PART 166 - SHIPPING SAFETY FAIRWAYS ................................................................................................................................................................... 381
Subpart A—General.......................................................................................................................................................................................................... 381
166.100 Purpose........................................................................................................................................................................................................ 381
166.103 Geographic coordinates. .............................................................................................................................................................................. 381
166.105 Definitions................................................................................................................................................................................................... 381
166.110 Modification of areas................................................................................................................................................................................... 381
Subpart B—Designations of Fairways and Fairway Anchorages ...................................................................................................................................... 381
166.200 Shipping safety fairways and anchorage areas. Gulf of Mexico. ................................................................................................................. 381
166.300 Areas along the coast of California.............................................................................................................................................................. 391
166.400 Areas along the coast of Alaska................................................................................................................................................................... 391
166.500 Areas along the Atlantic Coast. ................................................................................................................................................................... 392
PART 167 - OFFSHORE TRAFFIC SEPARATION SCHEMES ........................................................................................................................................ 393
167.10 Operating rules. ............................................................................................................................................................................................. 393
167.15 Modification of schemes. .............................................................................................................................................................................. 393
Subpart A General............................................................................................................................................................................................................. 393
167.1 Purpose............................................................................................................................................................................................................ 393
167.3 Geographic coordinates. .................................................................................................................................................................................. 393
167.5 Definitions....................................................................................................................................................................................................... 393
PART 168 - ESCORT REQUIREMENTS FOR CERTAIN TANKERS.............................................................................................................................. 394
168.01 Purpose.......................................................................................................................................................................................................... 394
168.05 Definitions..................................................................................................................................................................................................... 394
168.10 Responsibilities. ............................................................................................................................................................................................ 394
168.20 Applicable vessels. ........................................................................................................................................................................................ 394
168.30 Applicable cargoes. ....................................................................................................................................................................................... 394
168.40 Applicable waters and number of escort vessels............................................................................................................................................ 394
168.50 Performance and operational requirements.................................................................................................................................................... 394
168.60 Pre-escort conference. ................................................................................................................................................................................... 395
POST-PUBLICATION CHANGES AND CORRECTIONS ........................................................................................................................................ 396

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