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(c) Definition. As used in this section, slow speed means the speed at which a vessel proceeds when it is fully off plane, completely settled in the water and not creating excessive wake. Due to the different speeds at which vessels of different sizes and configurations may travel while in compliance with this definition, no specific speed is assigned to slow speed. A vessel is not proceeding at slow speed if it is:
(1) On a plane;
(2) In the process of coming up on or coming off of plane; or
(3) Creating an excessive wake.
[CDG07–03–069, 68 FR 63991, Nov. 12, 2003]
Eighth Coast Guard District
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§ 165.802 Lower Mississippi River, vicinity of Old River Control Structure—Safety Zone.
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(a) The area enclosed by the following boundary is a safety zone—from the Black Hawk Point Light, mile 316.1 AHP LMR to a point opposite Ft. Adams Light, mile 311.5 AHP along the low water reference plane above the right descending bank; thence to the levee on a line perpendicular to the channel centerline; thence along the levee to the upstream end of the Old River Overbank structure; thence along a line to the Black Hawk Point Light.
(b) Any vessel desiring to enter this safety zone must first obtain permission from the Captain of the Port, New Orleans. The resident engineer at Old River Control Structure (WUG–424) is delegated the authority to permit entry into this safety zone.
[CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as amended by CGD8 89–03, 54 FR 16108, Apr. 21, 1989]
§ 165.803 Mississippi River—regulated navigation area.
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The following is a Regulated Navigation Area—The waters of the Mississippi River between miles 88 and 240 above Head of Passes.
(a) Definitions. As used in this section:
(1) Breakaway means a barge that is adrift and is not under the control of a towing vessel.
(2) COTP means the Captain of the Port, New Orleans.
(3) Fleet includes one or more tiers.
(4) Fleeting facility means the geographic area along or near a river bank at which a barge mooring service, either for hire or not for hire, is established.
(5) Mooring barge or spar barge means a barge moored to mooring devices and to which other barges may be moored.
(6) Mooring device includes a deadman, anchor, pile or other reliable holding apparatus.
(7) Person in charge includes any owner, agent, pilot, master, officer, operator, crewmember, supervisor, dispatcher or other person navigating, controlling, directing or otherwise responsible for the movement, action, securing, or security of any vessel, barge, tier, fleet or fleeting facility subject to the regulations in this section.
(8) Tier means barges moored interdependently in rows or groups.
(b) Waivers:
(1) The COTP may, upon written request, except as allowed in paragraph (3) of this subsection, waive any regulation in this section if it is found that the proposed operation can be conducted safely under the terms of that waiver.
(2) Each written request for a waiver must state the need for the waiver and describe the proposed operation.
(3) Under unusual circumstances due to time constraints, the person in charge may orally request an immediate waiver from the COTP. The written request for a waiver must be submitted within five working days after the oral request.
(4) The COTP may, at any time, terminate any waiver issued under this subsection.
(c) Emergencies. In an emergency, a person may depart from any regulation in this section to the extent necessary to avoid immediate danger to persons, property or the environment.
(d) Mooring: General.
(1) No person may secure a barge to trees or to other vegetation.
(2) No person may allow a barge to be moored with unraveled or frayed lines or other defective or worn mooring.
(3) No person may moor barges side to side unless they are secured to each other from fittings as close to each corner of abutting sides as practicable.
(4) No person may moor barges end to end unless they are secured to each other from fittings as close to each corner of abutting ends as practicable.
(e) Mooring to a mooring device. (1) A barge may be moored to mooring devices if the upstream end of that barge is secured to at least one mooring device and the downstream end is secured to at least one other mooring device, except that from mile 127 to mile 240 a barge may be moored to mooring devices if the upstream end of that barge is secured to at least one mooring device.
(2) Barges moored in tiers may be shifted to mooring devices if the shoreward barge at the upstream end of the tier is secured to at least one mooring device, and the shoreward barge at the downstream end of the tier is secured to at least one other mooring device, except that from mile 127 to mile 240 barges moored in tiers may be shifted to mooring devices if the shoreward barge at the upstream end of the tier is secured to at least one mooring device.
(3) Each wire rope used between the upstream end of a barge and a mooring device must have at least a diameter of 1 1/4 inch. Chain or line used between the upstream end of a barge and a mooring device must be at least equivalent in strength to 1 1/4 inch diameter wire rope.
(4) Each wire rope used between the downstream end of a barge and a mooring device must have at least a diameter of 7/8 inch. Chain or line used between the downstream end of a barge and a mooring device must be of at least equivalent strength of 7/8 inch diameter wire rope.
(f) Moorings: Barge-to-barge; barge-to-vessel; barge-to-wharf or pier. The person in charge shall ensure that a barge moored to another barge, a mooring or spar barge, a vessel, a wharf, or a pier, is secured as near as practicable to each abutting corner of the barge being moored by:
(1) Three parts of wire rope of at least 7/8 inch diameter with an eye at each end of the rope passed around the timberhead, caval, or button;
(2) A mooring of natural or synthetic fiber rope that has at least 75 percent of the breaking strength of three parts of 7/8 inch diameter wire rope; or
(3) Fixed rigging that is at least equivalent to three parts of 7/8 inch diameter wire rope.
(g) Mooring: Person in charge.
(1) The person in charge of a barge, tier, fleet or fleeting facility shall ensure that the barge, tier, fleet or fleeting facility meets the requirements in paragraphs (d) and (e) of this section.
(2) The person in charge shall ensure that all mooring devices, wires, chains, lines and connecting gear are of sufficient strength and in sufficient number to withstand forces that may be exerted on them by moored barges.
(h) Fleeting facility: inspection of moorings.
(1) The person in charge of a fleeting facility shall assign a person to inspect moorings in accordance with the requirements in paragraph (h)(2) of this section.
(2) The person assigned to inspect moorings shall inspect:
(i) At least twice each day during periods that are six hours or more apart, each mooring wire, chain, line and connecting gear between mooring devices and each wire, line and connecting equipment used to moor each barge; and
(ii) After a towboat adds barges to, withdraws barges from, or moves barges at a fleeting facility, each mooring wire, line, and connecting equipment of each barge within each tier affected by that operation.
(3) The person who inspects moorings shall take immediate action to correct each deficiency.
(i) Fleeting facility: Records. The person in charge of a fleeting facility shall maintain, and make available to the Coast Guard, records containing the following information:
(1) The time of commencement and termination of each inspection required in paragraph (h)(2) of this section.
(2) The name of each person who makes the inspection required in paragraph (h)(2) of this section.
(3) The identification of each barge entering and departing the fleeting facility, along with the following information:
(i) Date and time of entry and departure; and
(ii) The names of any hazardous cargo which the barge is carrying.
Note: The requirements in paragraph (i)(3) of this section for the listing of hazardous cargo refer to cargoes regulated by Subchapters D and O of Chapter I, Title 46, Code of Federal Regulations.
(j) Fleeting facility: Surveillance.
(1) The person in charge of a fleeting facility shall assign a person to be in continuous surveillance and to observe the barges in the fleeting facility. Joint use of this person by adjacent facilities may be considered upon submisssion of a detailed proposal for a waiver to the COTP.
(2) The person who observes the barges shall:
(i) Inspect for movements that are unusual for properly secured barges; and
(ii) Take immediate action to correct each deficiency.
(k) Fleeting facility: person in charge. The person in charge of a fleeting facility shall ensure that each deficiency found under the requirements of paragraph (h) or (j) of this section is corrected.
(l) Securing breakaways. The person in charge shall take immediate action to:
(1) Secure each breakaway; and
(2) Report each breakaway as soon as possible to the COTP by telephone, radio or other means of rapid communication.
(m) High water.
(1) This subsection applies to barges on the Mississippi River between miles 88 and 240 above Head of Passes when:
(i) The Carrollton gage stands 12 feet or more; or
(ii) The Carrollton gage stands 10 feet, the U.S. Army Corps of Engineers forecasts the Mississippi River is rising to 12 feet, and the District Commander determines these circumstances to be especially hazardous and issues orders directing that paragraphs (m)(2) and (3) of this section are in effect.
(2) During high water, the person in charge of a fleeting facility shall ensure compliance with the following requirements:
(i) Each fleet consisting of eight or more barges must be attended by at last one radar-equipped towboat for each 100 barges or less. Joint use of this towboat by adjacent facilities may be considered upon submission of a detailed proposal for a waiver.
(ii) Each fleet must have two or more towboats in attendance when:
(A) Barges are withdrawn from or moved within the fleet and the fleet at the start of the operation contains eight or more barges; or
(B) Barges are added to the fleet and the number of barges being added plus the fleet at the start of the operation total eight or more.
(iii) Each towboat required in paragraphs (m)(2)(i) and (2)(ii) of this section must be:
(A) Capable of safely withdrawing, moving or adding each barge in the fleet;
(B) Immediately operational;
(C) Radio-equipped;
(D) Within 500 yards of the barges; and
(iv) The person in charge of each towboat required in paragraphs (m)(2)(i) and (2)(ii) of this section shall maintain:
(A) A continuous guard on the frequency specified by current Federal Communications Commission regulations found in Part 83 of Title 47, Code of Federal Regulations; and
(B) When moored, a continuous watch on the barges in the fleeting facility.
(v) During periods when visibility is less than 200 yards, the person in charge of each towboat required in paragraph (m)(2)(i) of this subsection shall maintain, when moored, a continuous radar surveillance of the barges moored in the fleeting facility.
(3) During high water when visibility is reduced to less than 200 yards:
(i) Tows may not be assembled or disassembled;
(ii) No barge may be added to, withdrawn from or moved within a fleet except:
(A) A single barge may be added to or withdrawn from the channelward or downstream end of the fleet; and
(B) Barges made up in a tow may depart a fleet from the channelward or downstream end of the fleet; and
(iii) No person in charge of a tow arriving in this regulated navigation area may moor unless the COTP is notified prior to arrival in the regulated navigation area.
[CGD 79–034, 47 FR 29660, July 8, 1982, as amended by CGD 82–020, 47 FR 35483, Aug. 16, 1982; CGD 79–026, 48 FR 35408, Aug. 4, 1983; CGD 88–075, 54 FR 14958, Apr. 14, 1989; CGD08–94–006, 59 FR 21935, Apr. 28, 1994; CGD08–94–006, 60 FR 37944, July 25, 1995]
§ 165.804 Snake Island, Texas City, Texas; mooring and fleeting of vessels—safety zone.
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(a) The following is a safety zone:
(1) The west and northwest shores of Snake Island;
(2) The Turning Basin west of Snake Island;
(3) The area of Texas City Channel from the north end of the Turning Basin to a line drawn 000° true from the northwesternmost point of Snake Island.
(b) Special regulations. All vessels are prohibited from mooring, anchoring, or otherwise stopping in the safety zone, except in case of an emergency.
(c) Barges are prohibited from fleeting or grounding in the zone.
(d) In an emergency, vessels shall advise the Captain of the Port, Houston-Galveston, of the nature of the emergency via the most rapid means available.
[CGD 79–034, 47 FR 29660, July 8, 1982, as amended by USCG–2000–7223, 65 FR 40058, June 29, 2000]
§ 165.805 Calcasieu Channel and Industrial Canal, Calcasieu River, Lake Charles, LA.
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(a) The waters and waterfront facility located within the area described by the following boundaries constitutes a safety zone:
(1) When a Liquefied Natural Gas (LNG) vessel is moored at Trunkline LNG facility: Beginning at the west side property line at position 30°06'38" N., 93°17'34" W., a line extending in an eastward direction and 50 feet from shore to a point 50 feet west of mooring dolphin #1; then due south to a line running in an eastward direction and 50 feet south of the moored LNG vessel to a line running due north to a point 50 feet east of mooring dolphin #13; and then a line extending in an eastward direction and 50 feet from shore to the end of the turning basin.
(2) When an LNG vessel is not moored at the Trunkline LNG facility: Beginning at the west side property line at position 30°06'38" N., 93°17'34" W., a line extending in an eastward direction and 50 feet from shore to a point 50 feet west of mooring dolphin #1; then a continuous uniform line extending 50 feet outside of all facility docks and structures to a point 50 feet east of mooring dolphin #13; and then a line extending in an eastward direction and 50 feet from shore to the end of the turning basin.
(b) The waters within the following boundaries are a safety zone while a non-gas free LNG vessel is transiting within the Calcasieu River ship channel and between buoy “CC” and the Trunkline LNG facility: The area 2 miles ahead, 1 mile astern, and to either side of an LNG vessel to the width of the ship channel. Meeting, crossing, or overtaking situations are not permitted within the safety zone unless specifically authorized by the USCG Captain of the Port.
(c) Notice of transiting LNG vessels will be provided by Broadcast and/or Local Notice to Mariners.
[CGD 82–10, 47 FR 41957, Sept. 23, 1982, as amended by CGD8 82–10, 50 FR 31592, Aug. 5, 1985; COTP Port Arthur, TX Reg. 90–03, 56 FR 66599, Dec. 24, 1991; USCG–1998–3799, 63 FR 35533, June 30, 1998]
§ 165.806 Sabine Neches Waterway, Texas—regulated navigation area.
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(a) The following is a regulated navigation area—The Sabine Neches Waterway which includes the following waters: Sabine Pass Channel, Port Arthur Canal, Sabine Neches Canal, Neches River, Sabine River and all navigable waterways tributary thereto.
(b) Unless otherwise authorized by the Captain of the Port, Port Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting the Sabine-Neches Waterway are prohibited unless such tows have a tug of sufficient horsepower made up to the tow in such a manner as to insure that complete and effective control is maintained throughout the transit. Inbound vessels only, may shift the tow or pick up an additional tug within 100 yards inside the entrance jetties provided that such action is necessary for reasons of prudent seamanship.
[CGD8–83–09, 49 FR 35500, Sept. 10, 1984]
§ 165.807 Calcasieu River, Louisiana—regulated navigation area.
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(a) The following is a regulated navigation area—The Calcasieu River from the Calcasieu jetties up to and including the Port of Lake Charles.
(b) Unless otherwise authorized by the Captain of the Port, Port Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting the Calcasieu River are prohibited unless such tows have a tug of sufficient horsepower made up to the tow in such a manner as to insure that complete and effective control is maintained at all times. Inbound vessels only, may shift the tow or pick up an additional tug within 100 yards inside the entrance jetties provided that such action is necessary for reasons for prudent seamanship.
[CGD8–83–09, 49 FR 35500, Sept. 10, 1984]
§ 165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.
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(a) The following areas are established as safety zones during specified conditions:
(1) For incoming tank vessels loaded with Liquefied Petroleum Gas, the waters within a 500 yard radius of the LPG carrier while the vessel transits the Corpus Christi Ship Channel to the LPG receiving facility. The safety zone remains in effect until the LPG vessel is moored at the LPG receiving facility.
(2) For outgoing tank vessels loaded with LPG, the waters within a 500 yard radius of the LPG carrier while the vessel departs the LPG facility and transits the Corpus Christi Ship Channel. The safety zone remains in effect until the LPG vessel passes the seaward extremity of the Aransas Pass Jetties.
(b) The general regulations governing safety zones contained in 33 CFR 165.23 apply.
(c) The Captain of the Port will notify the maritime community of 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 Broadcast Notice to Mariners.
[CGD 8–84–07, 50 FR 15744, Apr. 22, 1985; 50 FR 19933, May 13, 1985]
§ 165.809 Security Zones; Port of Port Lavaca-Point Comfort, Point Comfort, TX and Port of Corpus Christi Inner Harbor, Corpus Christi, TX.
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(a) Location. The following area is designated as a security zone: all waters of the Corpus Christi Inner Harbor from the Inner Harbor Bridge (U.S. Hwy 181) to, and including the Viola Turning Basin.
(b) Regulations. (1) No recreational vessels, passenger vessels, or commercial fishing vessels may enter the security zone unless specifically authorized by the Captain of the Port Corpus Christi or a designated representative.
(2) Recreational vessels, passenger vessels and commercial fishing vessels requiring entry into the security zone must contact the Captain of the Port Corpus Christi or a designated representative. The Captain of the Port may be contacted via VHF Channel 16 or via telephone at (361) 888–3162 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port, Corpus Christi or a designated representative.
(3) Designated representatives include U.S. Coast Guard commissioned, warrant, and petty officers.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this section includes 33 U.S.C. 1226.
[COTP Corpus Christi–02–003, 67 FR 64046, Oct. 17, 2002, as amended by COTP Corpus Christi–04–006, 70 FR 39178, July 7, 2005]
§ 165.810 Mississippi River, LA-regulated navigation area.
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(a) Purpose and applicability. This section prescribes rules for all vessels operating in the Lower Mississippi River below mile 233.9 above Head of Passes including South Pass and Southwest Pass, to assist in the prevention of allisions; collisions and groundings so as to ensure port safety and protect the navigable waters of the Mississippi River from environmental harm resulting from those incidents, and to enhance the safety of passenger vessels moored or anchored in the Mississippi River.
(b) Lower Mississippi River below mile 233.9 above Head of Passes including South and Southwest Passes:
(1) Supervision. The use, administration, and navigation of the waterways to which this paragraph applies shall be under the supervision of the District Commander, Eighth Coast Guard District.
(2) Speed; high-water precautions. When passing another vessel (in motion, anchored, or tied up), a wharf or other structure, work under construction, plant engaged in river and harbor improvement, levees withstanding flood waters, building partially or wholly submerged by high water, or any other structure liable to damage by collision, suction or wave action, vessels shall give as much leeway as circumstances permit and reduce their speed sufficiently to preclude causing damages to the vessel or structure being passed. Since this subparagraph pertains directly to the manner in which vessels are operated, masters of vessels shall be held responsible for strict observance and full compliance therewith. During high river stages, floods, or other emergencies, the District Commander may prescribe by navigation bulletins or other means the limiting speed in land miles per hour deemed necessary for the public safety for the entire section or any part of the waterways covered by this paragraph, and such limiting speed shall be strictly observed.
(3) Towing. Towing in any formation by a vessel with insufficient power to permit ready maneuverability and safe handling is prohibited.
(c) Movement of vessels in vicinity of Algiers Point, New Orleans Harbor:
(1) Control lights. When the Mississippi River reaches 8 feet on the Carrollton Gage on a rising stage, and until the gage reads 9 feet on a falling stage, the movement of all tugs with tows and all ships, whether under their own power or in tow, but excluding tugs or towboats without tows or river craft of comparable size and maneuverability operating under their own power, in the vicinity of Algiers Point shall be governed by red and green lights designated and located as follows: Governor Nicholls Light located on the left descending bank on the wharf shed at the upstream end of Esplanade Avenue Wharf, New Orleans, approximately 94.3 miles above Head of Passes; and Gretna Light located on the right descending bank on top of the levee at the foot of Ocean Avenue, Gretna, approximately 96.6 miles above Head of Passes. Governor Nicholls Light has lights visible from both upstream and downstream, and Gretna Light has lights visible from upstream, all indicating by proper color the direction of traffic around Algiers Point. From downstream, Gretna Light always shows green. All lights are visible throughout the entire width of the river and flash once every second. A green light displayed ahead of a vessel (in the direction of travel) indicates that Algiers Point is clear and the vessel may proceed. A red light displayed ahead of a vessel (in the direction of travel) indicates that Algiers Point is not clear and the vessel shall not proceed. Absence of lights shall be considered a danger signal and no attempt shall be made to navigate through the restricted area.
Note: To provide advance information to downbound vessels whether the control light at Gretna (Gretna Light) is red or green, a traffic light is located at Westwego on the right descending bank, on the river batture at the end of Avenue B, approximately 101.4 miles above Head of Passes.
(2) Ascending vessels. Ascending vessels shall not proceed farther up the river than a line connecting the upper end of Atlantic Street Discharge Light (on right descending bank) with the lower end of Desire Street Wharf (on left descending bank) when a red light is displayed. Vessels waiting for a change of signal shall keep clear of descending vessels.
(3) Descending vessels. (i) Descending vessels shall not proceed farther down the river than a line connecting the lower end of Julia Street Wharf (on left descending bank) with the vertical flagpole at Eastern Associated Terminals (on right descending bank) when a red light is displayed. Vessels shall round to and be headed upstream before they reach that line, if the signal remains against the vessel. Vessels waiting for a change of signal shall keep clear of ascending vessels.
(ii) Vessels destined to a wharf above the lower end of Julia Street Wharf shall signal the Gretna towerman three long blasts and one short blast of a whistle or horn to indicate that the vessel is not bound below the Julia Street Wharf.
(iii) The master, pilot, or authorized representative of any vessel scheduled to depart from a wharf between Governor Nicholls Light and Louisiana Avenue, bound downstream around Algiers Point, shall communicate with the Governor Nicholls Light towerman by telephone to determine whether the channel at Algiers Point is clear before departure. When the point is clear, vessels shall then proceed promptly so that other traffic will not be unnecessarily delayed.
Note: Telephone numbers of both signal towers will be published in navigation bulletins in advance of each operating period.
(4) Minor changes. The District Commander is authorized to waive operation or suspension of the lights whenever prospective river stages make it appear that the operation or suspension will be required for only a brief period of time or when river stages will rise or fall below the critical stage which is established for operation or suspension by only a few tenths on the Carrollton Gage.
(5) Underpowered vessels. When the Carrollton Gage reads 12 feet or higher, any vessel which is considered by the master or pilot as being underpowered or a poor handler shall not navigate around Algiers Point without the assistance of a tug or tugs.
(6) Towing. When the Carrollton Gage reads 12 feet or higher, towing on a hawser in a downstream direction between Julia Street and Desire Street is prohibited except by special permission of the District Commander.
(d) Navigation of South and Southwest Passes.
(1) No vessel, except small craft and towboats and tugs without tows, shall enter either South Pass or Southwest Pass from the Gulf until after any descending vessel which has approached within two and one-half (2 1/2) miles of the outer end of the jetties and visible to the ascending vessel shall have passed to sea.
(2) No vessel having a speed of less than ten mph shall enter South Pass 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 Southwest Pass is closed to navigation.
(3) No vessel, except small craft and towboats and tugs without tows, ascending South Pass shall pass Franks Crossing Light until after a descending vessel shall have passed Depot Point Light.
(4) No vessel, except small craft and towboats and tugs without tows, shall enter the channel at the head of South Pass until after an ascending vessel which has reached Franks Crossing Light shall have passed through into the river.
(5) When navigating South Pass during periods of darkness no tow shall consist of more than one towed vessel other than small craft, and during daylight hours no tow shall consist of more than two towed vessels other than small craft. Tows may be in any formation. When towing on a hawser, the hawser shall be as short as practicable to provide full control at all times.
(6) When towing in Southwest Pass during periods of darkness no tow shall consist of more than two towed vessels other than small craft, and during daylight hours no tow shall consist of more than three towed vessels other than small craft.
(e) Watch requirements for anchored and moored passenger vessels.
(1) Passenger vessels. Except as provided in paragraph (e)(2) of this section, each passenger vessel with one or more passengers on board, must—
(i) Keep a continuously manned pilothouse; and
(ii) Monitor river activities and marine VHF, emergency and working frequencies of the port, so as to be immediately available to take necessary action to protect the vessel, crew, and passengers if an emergency radio broadcast, danger signal, or visual or other indication of a problem is received or detected.
(2) Each ferryboat, and each small passenger vessel to which 46 CFR 175.110 applies, may monitor river activities using a portable radio from a vantage point other than the pilothouse.
(f) Each self-propelled vessel of 1,600 or more gross tons subject to 33 CFR part 164 shall also comply with the following:
(1) While under way in the RNA, each vessel must have an engineering watch capable of monitoring the propulsion system, communicating with the bridge, and implementing manual-control measures immediately when necessary. The watch must be physically present in the machinery spaces or in the machinery-control spaces and must consist of at least a licensed engineer.
(2) Before embarking a pilot when entering or getting under way in the RNA, the master of each vessel shall ensure that the vessel is in compliance with 33 CFR part 164.
(3) The master shall ensure that the chief engineer has certified that the following additional operating conditions will be satisfied so long as the vessel is under way within the RNA:
(i) The main propulsion plant is in all respects ready for operations including the main-propulsion air-start systems, fuel systems, lubricating systems, cooling systems, and automation systems;
(ii) Cooling, lubricating, and fuel-oil systems are at proper operating temperatures;
(iii) Main propulsion machinery is available to immediately respond to the full range of maneuvering commands any load-limiting programs or automatic acceleration-limiting programs that would limit the speed of response to engine orders beyond that needed to prevent immediate damage to the propulsion machinery are capable of being overridden immediately.
(iv) Main-propulsion standby systems are ready to be immediately placed in service.
(Sec. 104, Pub. L. 92–340, 86 Stat. 424 (33 U.S.C. 1224); sec. 2, Pub. L. 95–474, 92 Stat. 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4))
[CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78–080, 44 FR 47933, Aug. 16, 1979; CGD 86–049, 51 FR 27840, Aug. 4, 1986. Redesignated by CGD 90–020, 59 FR 36324, July 15, 1994; CGD 95–033, 60 FR 28333, May 31, 1995; CCGD08–97–020, 62 FR 58653, Oct. 30, 1997; CCGD08–97–020, 64 FR 18813, Apr. 16, 1999]
§ 165.811 Atchafalaya River, Berwick Bay, LA-regulated navigation area.
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(a) The following is a regulated navigation area: the waters of the Atchafalaya River in Berwick Bay bounded on the northside from 2,000 yards north of the U.S. 90 Highway Bridge and on the southside from 4,000 yards south of the Southern Pacific Railroad (SPRR) Bridge.
(b) Within the regulated navigation area described in paragraph (a) of this section, §161.40 of this chapter establishes a VTS Special Area for waters within a 1000 yard radius of the SPRR Bridge.
(c) When the Morgan City River gauge reads 3.0 feet or above mean sea level, in addition to the requirements set forth in §161.13 of this chapter, the requirements of paragraph (d) and (e) of this section apply to a towing vessel which will navigate:
(1) under the lift span of the SPRR Bridge; or
(2) through the navigational opening of the U.S. 90 Highway Bridge: or
(3) through the navigational opening of the Highway 182 Bridge.
(d) Towing requirements. (1) Towing on a hawser is not authorized, except that one self-propelled vessel may tow one other vessel without barges upbound;
(2) A towing vessel and barges must be arranged in tandem, except that one vessel may tow one other vessel alongside;
(3) Length of tow must not exceed 1,180 feet; and
(4) Tows with a box end in the lead must not exceed 400 feet in length.
Note: The variation in the draft and the beam of the barges in a multi-barge tow should be minimized in order to avoid unnecessary strain on coupling wires.
(e) Horsepower Requirement. (1) The following requirements apply to a towing vessel of 3,000 hp or less:
Table 165.811(e)_Minimum Available Horsepower Requirement
[The greater value listed.]
------------------------------------------------------------------------
Daytime (sunrise to Nighttime (sunset to
Direction of tow sunset) sunrise)
------------------------------------------------------------------------
Upbound................. 400hp or (Length of 600hp or (Length of
tow_300ft) x 3. tow_200ft) x 3.
Downbound............... 600hp or (Length of 600hp or (Length of
tow_200ft) x 3. tow) x 3.
------------------------------------------------------------------------
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.
(f) Notice of Requirements. Notice that these rules are anticipated to be put into effect, or are in effect, will be given by:
(1) Marine information broadcasts;
(2) Notices to mariners;
(3) Vessel Traffic Center advisories or upon vessel information request; and
(4) Visual displays on top of the SPRR Bridge, consisting of:
(i) Two vertically arranged red balls by day; or
(ii) Two vertically arranged flashing white lights by night.
Note: Visual displays are not shown during precautionary periods (when the Morgan City River Gauge reads 2.5 feet above mean sea level). However, precautionary notices will be issued via marine notice to mariners, notice to mariners, VTC advisories or vessel information requests, when water level remains at or above 2.5 feet. Visual displays are Class I, private aids to navigation maintained by SPRR Bridge.
[CGD 90–020, 59 FR 36334, July 15, 1994, as amended by CGD 95–033, 60 FR 28333, May 31, 1995]
§ 165.812 Security Zones; Lower Mississippi River, Southwest Pass Sea Buoy to Mile Marker 96.0, New Orleans, LA.
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(a) Location. Within the Lower Mississippi River and Southwest Pass, moving security zones are established around all cruise ships between the Southwest Pass Entrance Lighted Buoy “SW”, at approximate position 28°52'42" N, 89°25'54" W [NAD 83] and Lower Mississippi River mile marker 96.0 in New Orleans, Louisiana. These moving security zones encompass all waters within 500 yards of a cruise ship. These zones remain in effect during the entire transit of the vessel and continue while the cruise ship is moored or anchored.
(b) Regulations. (1) Entry of persons and vessels into these zones is prohibited unless authorized as follows.
(i) Vessels may enter within 500 yards but not closer than 100 feet of a cruise ship provided they operate at the minimum speed necessary to maintain a safe course.
(ii) No person or vessel may enter within 100 feet of a cruise ship unless expressly authorized by the Coast Guard Captain of the Port New Orleans or his designated representative.
(iii) Moored vessels or vessels anchored in a designated anchorage area are permitted to remain within 100 feet of a cruise ship while it is in transit.
(2) Vessels requiring entry within 500 yards of a cruise ship that cannot slow to the minimum speed necessary to maintain a safe course must request express permission to proceed from the Captain of the Port New Orleans or his designated representative.
(3) For the purpose of this rule the term “cruise ship” is defined as a passenger vessel over 100 gross tons, carrying more than 12 passengers for hire, making a voyage lasting more than 24 hours, any part of which is on the high seas, and for which passengers are embarked or disembarked in the United States or its territories.
(4) The Captain of the Port New Orleans will inform the public of the moving security zones around cruise ships via Marine Safety Information Broadcasts.
(5) To request permission as required by these regulations contact “New Orleans Traffic” via VHF Channels 13/67 or via phone at (504) 589–2780 or (504) 589–6261.
(6) All persons and vessels within the moving security zones shall comply with the instructions of the Captain of the Port New Orleans and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this section includes 33 U.S.C. 1226.
[COTP New Orleans–02–005, 67 FR 61989, Oct. 3, 2002]
§ 165.813 Security Zones; Ports of Houston and Galveston, TX.
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(a) Location. Within the Ports of Houston and Galveston, Texas, moving security zones are established encompassing all waters within 500 yards of a cruise ship between Galveston Bay Approach Lighted Buoy “GB”, at approximate position 29°21'18" N, 94°37'36" W [NAD 83] and up to, and including, Barbours Cut. These zones remain in effect during the inbound and outbound entire transit of the cruise ship and continues while the cruise ship is moored or anchored.
(b) Regulations. (1) Entry of vessels or persons into these zones is prohibited unless authorized as follows.
(i) Vessels may enter within 500 yards but not closer than 100 yards of a cruise ship provided they operate at the minimum speed necessary to maintain a safe course.
(ii) No person or vessel may enter within 100 yards of a cruise ship unless expressly authorized by the Coast Guard Captain of the Port Houston-Galveston. Where the Houston Ship Channel narrows to 400 feet or less between Houston Ship Channel Entrance Lighted Bell Buoy “18”, light list no. 34385 at approximately 29°21'06" N, 94°47'00" W [NAD 83] and Barbours Cut, the Captain of the Port Houston-Galveston may permit vessels that must transit the navigable channel between these points to enter within 100 yards of a cruise ship.
(iii) Moored vessels or vessels anchored in a designated anchorage area are permitted to remain within 100 yards of a cruise ship while it is in transit.
(2) Vessels requiring entry within 500 yards of a cruise ship that cannot slow to the minimum speed necessary to maintain a safe course must request express permission to proceed from the Captain of the Port Houston-Galveston, or his designated representative.
(3) For the purpose of this section the term “cruise ship” is defined as a passenger vessel over 100 gross tons, carrying more than 12 passengers for hire, making a voyage lasting more than 24 hours, any part of which is on the high seas, and for which passengers are embarked or disembarked in the United States or its territories.
(4) The Captain of the Port Houston-Galveston will inform the public of the moving security zones around cruise ships via Marine Safety Information Broadcasts.
(5) To request permission as required by these regulations contact “Houston Traffic” via VHF Channels 11/12 or via phone at (713) 671–5103.
(6) All persons and vessels within the moving security zone shall comply with the instructions of the Captain of the Port Houston-Galveston and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this section includes 33 U.S.C. 1226.
[COTP Houston-Galveston–02–010, 67 FR 64048, Oct. 17, 2002]
§ 165.814 Security Zones; Captain of the Port Houston-Galveston Zone.
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(a) Location. The following areas are designated as security zones:
(1) Houston, Texas. The Houston Ship Channel and all associated turning basins, bounded by a line drawn between Houston Ship Channel Light 132 (LLNR–24445) and Houston Ship Channel Light 133 (LLNR–24450) west to the T & N Rail Road Swing Bridge at the entrance to Buffalo Bayou, including all waters adjacent to the ship channel from shoreline to shoreline and the first 200 yards of connecting waterways.
(2) Morgan's Point, Texas. The Barbours Cut Ship Channel and Turning Basin containing all waters west of a line drawn between Junction Light “Barbours Cut” 29°41'12" N, 94°59'12" W (LLNR–23525), and Houston Ship Channel Light 91, 29°41'00" N, 94°59'00" W (LLNR–23375) (NAD 1983).
(3) Bayport, TX. The Port of Bayport, Bayport Ship Channel and Bayport Turning Basin containing all waters south of latitude 28°36'45" N and west of Bayport Ship Channel Light 9 (LLNR–23295) (NAD 1983).
(4) Texas City, Texas. The Port of Texas City Channel, Turning Basin and Industrial Canal containing all waters bounded by the area south and west of a line drawn from Texas City Channel Light 19 (LLNR 24810) through Cut B Inner Range Front Light (LLNR 24765) and terminating on land in position 29°23'16" N, 94°53'15" W (NAD 1983).
(5) Freeport, Texas. (i) The Dow Barge Canal containing all waters bounded by its junction with the Intracoastal Waterway, by a line drawn between the eastern point at latitude 28°56'48" N, 95°18'20" W, and the western point at 28°56'40" N, 95°18'33" W (NAD 1983).
(ii) The Brazos Harbor containing all waters west of a line drawn between the northern point at 28°56'27" N, 95°20'00" W, and the southern point 28°56'09" N, 95°20'00" W (NAD 1983) at its junction with the Old Brazos River Cut.
(b) Effective dates. This section is effective on April 15, 2003.
(c) Regulations. (1) Entry of into these zones is prohibited except for the following:
(i) Commercial vessels operating at waterfront facilities within these zones;
(ii) Commercial vessels transiting directly to or from waterfront facilities within these zones;
(iii) Vessels providing direct operational/logistic support to commercial vessels within these zones;
(iv) Vessels operated by the appropriate port authority or by facilities located within these zones; and
(v) Vessels operated by federal, state, county, or municipal agencies.
(2) Other persons or vessels requiring entry into a zone described in this section must request express permission to enter from the Captain of the Port Houston-Galveston, or designated representative.
(3) To request permission as required by these regulations contact “Houston Traffic” via VHF Channels 11/12 or by phone at (713) 671–5103.
(4) All persons and vessels shall comply with the instructions of the Captain of the Port Houston-Galveston and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.
[COTP Houston-Galveston–02–009, 67 FR 23593, May 5, 2003]
§ 165.815 Ohio River at Louisville, KY; regulated navigation area.
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(a) The following is a regulated navigation area: The waters of the Ohio River from the Clark Memorial (Highway) Bridge at Mile 603.5, downstream to McAlpine Dam at Mile 604.4.
(b) The general regulations governing regulated navigation area contained in 33 CFR part 165, subpart B apply.
(c) No pleasure or fishing craft shall be operated within the regulated navigation area at any time without prior permission of the Captain of the Port, Louisville, Kentucky, except in case of emergency and except for passage through McAlpine Lock.
[CGD 2–89–04, 55 FR 23203, June 7, 1990. Redesignated by CGD 96–026, 61 FR 33669, June 28, 1996]
§ 165.817 Arkansas River, Mile 118.2 to 125.4, Little Rock Arkansas—regulated navigation area.
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(a) Location. The following is a regulated navigation area (RNA): The waters of the Arkansas River between mile 118.2 and mile 125.4.
(b) Regulations. Transit of the RNA is limited during periods of high velocity flow, defined as the flow rate of 70,000 cubic feet per second or more at the Murray Lock and Dam at mile 125.4. The flow rate at this location is calculated by the U.S. Army Corps of Engineers on a regular and routine basis. This information will be distributed by announcements by Coast Guard Marine Information Broadcasts, publication in Coast Guard Local Notice to Mariners, and telephone or radio contact with the Lockmaster at Murray Lock and Dam.
(c) Transit of the RNA during periods of high velocity flow may only occur under the following conditions:
(1) Vessels may not meet or pass in the RNA.
(2) No vessel shall anchor, stop, remain or drift without power at any time in the RNA.
(3) All vessels shall continually monitor VHF-FM channel 13 on their radiotelephone while in or approaching the RNA.
(4) Prior to entering the RNA, downbound vessels shall make a broadcast in the blind on VHF-FM channel 13 announcing their estimated time of departure from Murray Lock and Dam or from the mooring cells at mile 121.5 to ensure there are no upbound vessels within the RNA. If there is upbound traffic within the RNA, the downbound vessel shall not depart until the upbound vessel has passed through the RNA. After departing, vessels will proceed through the RNA, including all drawbridges located therein, without delay.
(5) When upbound vessels reach mile 116, they shall make a broadcast in the blind on VHF-FM channel 13 announcing their estimated arrival time at the Rock Island Railroad Bridge at mile 118.2.
(6) When a downbound vessel is already in the RNA, an upbound vessel shall adjust its speed so as to avoid a meeting situation in the RNA.
(d) Refer to 33 CFR 117.123 for drawbridge operation regulations.
[CGD2–90–04, 57 FR 22176, May 27, 1992. Redesignated by CGD 96–026, 61 FR 33669, June 28, 1996]
§ 165.820 Security Zone; Ohio River Mile, 34.6 to 35.1, Shippingport, Pennsylvania.
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(a) Location. The following area is a security zone: The waters of the Ohio River, extending 200 feet from the shoreline of the left descending bank beginning from mile marker 34.6 and ending at mile marker 35.1.
(b) Regulations. (1) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port, Pittsburgh.
(2) Persons and vessels desiring to transit the area of the security zone may contact the Captain of the Port Pittsburgh at telephone number 412–644–5808 or on VHF channel 16 to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Pittsburgh or his designated representative.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for this section includes 33 U.S.C. 1226.
[COTP Pittsburgh–02–005, 67 FR 40163, June 12, 2002]
§ 165.821 Ohio River at Cincinnati, OH; regulated navigation area.
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(a) Location. The following is a regulated navigation area (RNA)—The waters of the Ohio River between mile 466.0 and mile 473.0.
(b) Activation. The restrictions in paragraphs (c) (1) through (4) are in effect from one-half hour before sunset to one-half hour after sunrise when the Cincinnati, Ohio, Ohio River Gauge is at or above the 45 foot level. The Captain of the Port, Louisville, Kentucky will publish a notice in the Local Notice to Mariners and will make announcements by Coast Guard Marine Information Broadcasts whenever the river level measured at the gauge activates or terminates the navigation restrictions in this section.
(c) Regulations. (1) Transit through the RNA by all downbound vessels towing cargoes regulated by Title 46 Code of Federal Regulations Subchapters D and O with a tow length exceeding 600 feet excluding the tow boat is prohibited.
(2) No vessel shall loiter, anchor, stop, remain or drift without power at any time within the navigation channel of the RNA.
(3) All commercial vessels shall continually monitor VHF-FM channel 13 on their radiotelephone while in or approaching the RNA.
(4) Between Ohio River miles 464.0 and 466.0, downbound vessels shall make a broadcast in the blind, on VHF-FM channel 13 announcing their estimated time of entering the RNA.
[CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Redesignated by CGD 97–023, 62 FR 33365, June 19, 1997, as amended by USCG–1998–3799, 63 FR 35533, June 30, 1998]
§ 165.825 Security Zones; Captain of the Port St. Louis, Missouri.
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(a) Location. The following areas are security zones:
(1) Fort Calhoun Nuclear Power Station Security Zone, Fort Calhoun, Nebraska—all waters of the Missouri River, extending 75 feet from the shoreline of the right descending bank beginning from mile marker 645.6 and ending at mile marker 646.0.
(2) Cooper Nuclear Station Security Zone, Brownville, Nebraska—all waters of the Missouri River, extending 250 feet from the shoreline of the right descending bank beginning from mile marker 532.5 and ending at mile marker 532.9.
(3) Quad Cities Generating Station Security Zone, Cordova, Illinois—all waters of the Upper Mississippi River, extending 300 feet from the shoreline of the left descending bank beginning from mile marker 506.3 and ending at mile marker 507.3.
(4) Prairie Island Nuclear Generating Facility Security Zone, Welch, Minnesota—all waters of the Upper Mississippi River, extending 300 feet from the shoreline of the right descending bank beginning from mile marker 798.0 and ending at 798.3.
(5) Clinton Power Station Security Zone, Clinton, Illinois—all waters of Lake Clinton in Dewitt County in East Central Illinois bounded by a dam constructed near the confluence of Salt Creek River mile 56 and the north fork of Salt Creek. The zone extends out 600 feet from shore. Boundaries of the zone begin at 40°10'30" N, 88°50'30" W; thence east to 40°10'30" N, 88°49'55" W; thence south to 40°10'15" N, 88°49'55" W; thence west to 40°10'15" N, 88°50'30" W; thence returning north to the origin. These coordinates are based upon [NAD 83].
(b) Regulations. (1) Entry into these security zones is prohibited unless authorized by the Coast Guard Captain of the Port, St. Louis or designated representative. (continued)