1625-0088 Regulatory Authority

§ 165.33

33 CFR Ch. I (7–1–07 Edition)

in the United States and all territory
and water, continental or insular, that
is subject to the jurisdiction of the
United States.
§ 165.33 General regulations.
Unless otherwise provided in the special regulations in Subpart F of this
part:
(a) No person or vessel may enter or
remain in a security zone without the
permission of the Captain of the Port;
(b) Each person and vessel in a security zone shall obey any direction or
order of the Captain of the Port;
(c) The Captain of the Port may take
possession and control of any vessel in
the security zone;
(d) The Captain of the Port may remove any person, vessel, article, or
thing from a security zone;
(e) No person may board, or take or
place any article or thing on board,
any vessel in a security zone without
the permission of the Captain of the
Port; and
(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.

Subpart E—Restricted Waterfront
Areas
§ 165.40 Restricted waterfront areas.
The Commandant, may direct the
COTP to prevent access to waterfront
facilities, and port and harbor areas,
including vessels and harbor craft
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.

Subpart F—Specific Regulated
Navigation Areas and Limited
Access Areas
FIRST COAST GUARD DISTRICT
§ 165.T01–132 Safety Zone: Wantagh
Parkway Number 3 Bridge over the
Sloop Channel, Town of Hempstead,
NY.
(a) Location: The following area is a
safety zone: All waters of the Sloop
Channel in Hempstead, NY, from sur-

face to bottom, within 300 yards of the
Wantagh Parkway Number 3 Bridge
over the Sloop Channel.
(b) Effective date: This rule is effective from 11:59 p.m. on January 22, 2007
until 11:59 p.m. December 31, 2007.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into or movement
within this zone by any person or vessel is prohibited unless authorized by
the Captain of the Port (COTP), Long
Island Sound.
(2) All persons and vessels must comply with the Coast Guard COTP or designated on-scene patrol personnel. Onscene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on
board Coast Guard, Coast Guard Auxiliary, and local, State, and Federal law
enforcement vessels. Upon being hailed
by siren, radio, flashing light or other
means from a U.S. Coast Guard vessel
or other vessel with on-scene patrol
personnel aboard, the operator of the
vessel shall proceed as directed.
[CGD01–06–132, 72 FR 5621, Feb. 7, 2007]
EFFECTIVE DATE NOTE: By CGD01–06–132, 72
FR 5621, Feb. 7, 2007, § 165.T01–132 was added,
effective from 11:59 p.m. on Jan. 22, 2007 until
11:59 p.m. on Dec. 31, 2007.

§ 165.100 Regulated Navigation Area:
Navigable waters within the First
Coast Guard District.
(a) Regulated navigation area. All navigable waters of the United States, as
that term is used in 33 CFR 2.05–25(a),
within the geographic boundaries of
the First Coast Guard District, as defined in 33 CFR 3.05–1(b).
(b) Definitions. Terms used in this
section have the same meaning as
those found in 33 CFR 157.03. Singlehull identifies any tank barge that is
not a double-hull tank barge.
(c) Applicability. This section applies
to primary towing vessels engaged in
towing tank barges carrying petroleum
oil in bulk as cargo in the regulated
navigation area, or as authorized by
the District Commander.
(d) Regulations—(1) Positive control for
barges. (i) Except as provided in paragraph (d)(1)(iii) of this section, each
single-hull tank barge, unless being
towed by a primary towing vessel with

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Coast Guard, DHS

§ 165.100

twin-screw propulsion and with a separate system for power to each screw,
must be accompanied by an escort or
assist tug of sufficient capability to
promptly push or tow the tank barge
away from danger of grounding or collision in the event of—
(A) A propulsion failure;
(B) A parted towing line;
(C) A loss of tow;
(D) A fire;
(E) Grounding;
(F) A loss of steering; or
(G) Any other casualty that affects
the navigation or seaworthiness of either vessel.
(ii) Double-hull tank barges are exempt from paragraph (d)(1)(i) of this
section.
(iii) The cognizant Captain of the
Port (COTP), upon written application,
may authorize an exemption from the
requirements of paragraph (d)(1)(i) of
this section for—
(A) Any tank barge with a capacity
of less than 25,000 barrels, operating in
an area with limited depth or width
such as a creek or small river; or
(B) Any tank barge operating on any
waters within the COTP Zone, if the
operator demonstrates to the satisfaction of the COTP that the barge employs an equivalent level of safety to
that provided by the positive control
provisions of this section. Each request
for an exemption under this paragraph
must be submitted in writing to the
cognizant COTP no later than 7 days
before the intended transit.
(iv) The operator of a towing vessel
engaged in towing any tank barge must
immediately call for an escort or assist
tug to render assistance in the event of
any of the occurrences identified in
paragraph (d)(1)(i) of this section.
(2) Enhanced communications. Each
vessel engaged in towing a tank barge
must communicate by radio on marine
band or Very High Frequency (VHF)
channel 13 or 16, and issue security
calls on marine band or VHF channel
13 or 16, upon approach to the following
places:
(i) Execution Rocks Light (USCG
Light List No. [LLNR] 21440).
(ii) Matinecock Point Shoal Buoy
(LLNR 21420).
(iii) 32A Buoy (LLNR 21380).

(iv) Cable and Anchor Reef Buoy
(LLNR 21330).
(v) Stratford Middle Ground Light
(LLNR 21260).
(vi) Old Field Point Light (LLNR
21275).
(vii) Approach to Stratford Point
from the south (NOAA Chart 12370).
(viii) Falkner Island Light (LLNR
21170).
(ix) TE Buoy (LLNR 21160).
(x) CF Buoy (LLNR 21140).
(xi) PI Buoy (LLNR 21080).
(xii) Race Rock Light (LLNR 19815).
(xiii) Valiant Rock Buoy (LLNR
19825).
(xiv) Approach to Point Judith in vicinity of Block Island ferry route.
(xv) Buzzards Bay Entrance Light
(LLNR 630).
(xvi) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055)
(xvii) Cleveland East Ledge Light
(LLNR 16085).
(xviii) Hog Island buoys 1 (LLNR
16130) and 2 (LLNR 16135).
(xix) Approach to the Bourne Bridge.
(xx) Approach to the Sagamore
Bridge.
(xxi) Approach to the eastern entrance of Cape Cod Canal.
(3) Voyage planning. (i) Each owner or
operator of a towing vessel employed
to tow a tank barge shall prepare a
written voyage plan for each transit of
the tank barge.
(ii) The watch officer is authorized to
make modifications to the plan and
validate it as necessary.
(iii) Except as provided in paragraph
(d)(3)(iv) of this section, each voyage
plan must contain:
(A) A description of the type, volume,
and grade of cargo.
(B) Applicable information from nautical charts and publications, including
Coast Pilot, Coast Guard Light List,
and Coast Guard Local Notice to Mariners, for the destination(s).
(C) Current and forecasted weather,
including visibility, wind, and sea state
for the destination(s).
(D) Data on tides and tidal currents
for the destination(s).
(E) Forward and after drafts of the
tank barge, and under-keel and vertical
clearances for each port and berthing
area.
(F) Pre-departure checklists.

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§ 165.101

33 CFR Ch. I (7–1–07 Edition)

(G) Calculated speed and estimated
times of arrival at proposed waypoints.
(H) Communication contacts at Vessel Traffic Service (VTS) (if applicable), bridges, and facilities, and portspecific requirements for VHF radio.
(I) The master’s standing orders detailing closest points of approach, special conditions, and critical maneuvers.
(iv) Each owner or operator of a tank
barge on an intra-port transit of not
more than four hours may prepare a
voyage plan that contains:
(A) The information described in
paragraphs (d)(3)(iii)(D) and (E) of this
section.
(B) Current weather conditions including visibility, wind, and sea state.
This information may be entered in either the voyage plan or towing vessel’s
log book.
(C) The channels of VHF radio to
monitor.
(D) Other considerations such as
availability of pilot, assist tug, berth,
and line-handlers, depth of berth at
mean low water, danger areas, and security calls.
(4) Navigation restriction areas. Unless
authorized by the cognizant COTP, no
tank barge may operate in—
(i) The waters of Cape Cod Bay south
of latitude 42°5′ North and east of longitude 70°25′ West; or
(ii) The waters of Fishers Island
Sound east of longitude 72°2′ West, and
west of longitude 71°55′ West.
(e) In addition to the authority for
this part 165, this section is also authorized under authority of section 311,
Pub. L. 105–383.
[CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as
amended by CGD01–98–151, 64 FR 12749, Mar.
15, 1999; USCG–1999–5832, 64 FR 34715, June 29,
1999; CGD01–98–151, 65 FR 35838, June 6, 2000]

§ 165.101 Kittery,
navigation area.

Maine—regulated

(a) The following is a regulated navigation area—Waters within the boundaries of a line beginning at 43°04′50″ N,
70°44′52″ W; then to 43°04′52″ N, 70°44′53″
W; then to 43°04′59″ N, 70°44′46″ W; then
to 43°05′05″ N, 70°44′32″ W; then to
43°05′03″ N, 70°44′30″ W; then to the beginning point.

(b) Regulations. No vessel may operate in this area at a speed in excess of
five miles per hour.
§ 165.102 Security Zone: Walkers Point,
Kennebunkport ME.
(a) Location. The following area is a
security zone: From point of land located on Cape Arundel at latitude
43°20.4′ North, Iongitude 070°28.0′ West;
thence to a point approximately 500
yards southwest of Walkers 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 located approximately
southeast of Walkers Point at latitude
43°20.4′ North, longitude 070°27.2′ West;
thence to an unnamed point of land located at 43°20.9′ North, longitude
070°27.1′ West; thence along the shoreline of Walkers Point to the beginning
point. The aforementioned offshore positions are approximated by white
buoys marked in orange indicating an
exclusionary area.
(b) Regulations. (1) In accordance with
the general regulations in § 165.33 of
this part, entry into this zone is prohibited unless authorized by the Captain of the Port, Portland, Maine. Section 165.33 also contained other general
requirements.
(2) No person may swim upon or
below the surface of the water within
the boundaries of this security zone.
[CGDI 89–008, 54 FR 13883, Apr. 6, 1989]

§ 165.103 Safety and Security Zones;
LPG Vessel Transits in Portland,
Maine, Captain of the Port Zone,
Portsmouth Harbor, Portsmouth,
New Hampshire.
(a) Location. The following areas are
safety and security zones: (1) Except as
provided in paragraph (a) (2) of this
section, all navigable waters of the
Portland, Maine, Captain of the Port
zone, as defined in 33 CFR 3.05–15, one
mile ahead, one half mile astern, and
1000-yards on either side of any Liquefied Petroleum Gas vessel.
(2) All waters of the Piscataqua River
within a 500-yard radius of any Liquefied Petroleum Gas (LPG) vessel while

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