33 CFR Part 165 – Regulated navigation areas and limited access areas

33 CFR Subpart A – General

165.1 Purpose of part.

The purpose of this part is to:

  1. Prescribe procedures for establishing different types of limited or controlled access areas and regulated navigation areas;
  2. Prescribe general regulations for different types of limited or controlled access areas and regulated navigation areas;
  3. Prescribe specific requirements for established areas; and
  4. List specific areas and their boundaries.

165.3 Definitions.

The following definitions apply to this part:

Credential means any or all of the following:

  1. Merchant mariner’s document.
  2. Merchant mariner’s license.
  3. STCW endorsement.
  4. Certificate of registry.
  5. Merchant mariner credential.

Merchant mariner credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner’s document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner’s qualification document, certificate of identification, and certificate of service.

[USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]

165.5 Establishment procedures.

  1. A safety zone, security zone, or regulated navigation area may be established on the initiative of any Coast Guard official authorized to issue such an order in accordance with 33 CFR 1.05-1.
  2. Any person may request that a safety zone, security zone, or regulated navigation area be established. Except as provided in paragraph (c) of this section, each request must be submitted in writing to either the Captain of the Port or District Commander having jurisdiction over the location as described in part 3 of this chapter, and include the following:
        1. The name of the person submitting the request;
        2. The location and boundaries of the safety zone, security zone, or regulated navigation area;
        3. The date, time, and duration that the safety zone, security zone, or regulated navigation area should be established;
        4. A description of the activities planned for the safety zone, security zone, or regulated navigation area;
        5. The nature of the restrictions or conditions desired; and
        6. The reason why the safety zone, security zone, or regulated navigation area is necessary.
  3. Safety Zones and Security Zones. If, for good cause, the request for a safety zone or security zone is made less than 5 working days before the zone is to be established, the request may be made orally, but it must be followed by a written request within 24 hours.

(Requests for safety zones, security zones, and regulated navigation areas are approved by the Office of Management and Budget under control number 1625-0020)

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 35408, Aug. 4, 1983; USCG-2006-25150, 71 FR 39211, July 12, 2006; USCG-2020-0304, 85 FR 58281, Sept. 18, 2020]

165.7 Notification.

  1. The establishment of these limited access areas and regulated navigation areas is considered rulemaking. The procedures used to notify persons of the establishment of these areas vary depending upon the circumstances and emergency conditions. Notification may be made by marine broadcasts, local notice to mariners, local news media, distribution in leaflet form, and on-scene oral notice, as well as publication in the Federal Register.
  2. Notification normally contains the physical boundaries of the area, the reasons for the rule, its estimated duration, and the method of obtaining authorization to enter the area, if applicable, and special navigational rules, if applicable.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by USCG-2018-0486, 85 FR 74030, Aug. 4, 2020]

165.8 Geographic coordinates.

Geographic coordinates expressed in terms of latitude or longitude, or both, 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.

[CGD 86-082, 52 FR 33811, Sept. 8, 1987]

165.9 Geographic application of limited and controlled access areas and regulated navigation areas.

  1. General. The geographic application of the limited and controlled access areas and regulated navigation areas in this part are determined based on the statutory authority under which each is created.
  2. Safety zones and regulated navigation areas. These zones and areas are created under the authority of 46 U.S.C. 70001-70041. Safety zones established under 46 U.S.C. 70116 and regulated navigation areas may be established in waters subject to the jurisdiction of the United States as defined in § 2.38 of this chapter, including the territorial sea to a seaward limit of 12 nautical miles from the baseline.
  3. Security zones. These zones have two sources of authority – 46 U.S.C. Chapter 700, and the Act of June 15, 1917, as amended by both the Magnuson Act of August 9, 1950 (“Magnuson Act”), 46 U.S.C. 70051-54, and sec. 104 the Maritime Transportation Security Act of 2002 (Pub. L. 107-295, 116 Stat. 2064). Security zones established under either 46 U.S.C. 70116 or 46 U.S.C. 70051 may be established in waters subject to the jurisdiction of the United States as defined in § 2.38 of this chapter, including the territorial sea to a seaward limit of 12 nautical miles from the baseline.
  4. Naval vessel protection zones. These zones are issued under the authority of 14 U.S.C. 503 and 527 and may be established in waters subject to the jurisdiction of the United States as defined in § 2.38 of this chapter, including the territorial sea to a seaward limit of 12 nautical miles from the baseline.

 

[USCG-2001-9044, 68 FR 42602, July 18, 2003, as amended by USCG-2006-25411, 71 FR 54421, Sept. 15, 2006; USCG-2018-1049, 84 FR 7813, Mar. 5, 2019; USCG-2020-0304, 85 FR 58281, Sept. 18, 2020]

137.85 The degree of obviousness of the presence or likely presence of oil at the facility and the real property on which the facility is located and the ability to detect the oil by appropriate investigation.

  1. Persons specified in § 137.1(a) and environmental professionals conducting an inquiry of a facility and the real property on which it is located on their behalf must take into account the information collected under §§ 137.45 through 137.80 in considering the degree of obviousness of the presence or likely presence of oil at the facility and the real property on which the facility is located.
  2. Persons specified in § 137.1(a) and environmental professionals conducting an inquiry of a facility and the property on which the facility is located on their behalf must take into account the information collected under §§ 137.45 through 137.80 in considering the ability to detect the presence or likely presence of oil by appropriate investigation. The report of the environmental professional should include an opinion under § 137.35(c)(4) regarding whether additional appropriate investigation is necessary.

33 CFR Subpart B – Regulated Navigation Areas

165.10 Regulated navigation areas.

A regulated navigation area is a water area within a defined boundary for which regulations for vessels navigating within the area have been established under this part.

165.11 Vessel operating requirements (regulations).

Each District Commander may control vessel traffic in an area which is determined to have hazardous conditions, by issuing regulations:

  1. Specifying times of vessel entry, movement, or departure to, from, within, or through ports, harbors, or other waters;
  2. Establishing vessel size, speed, draft limitations, and operating conditions; and
  3. Restricting vessel operation, in a hazardous area or under hazardous conditions, to vessels which have particular operating characteristics or capabilities which are considered necessary for safe operation under the circumstances.

[CGD 79-026, 48 FR 35408, Aug. 4, 1983]

165.13 General regulations.

  1. The master of a vessel in a regulated navigation area shall operate the vessel in accordance with the regulations contained in Subpart F.
  2. No person may cause or authorize the operation of a vessel in a regulated navigation area contrary to the regulations in this part.

33 CFR Subpart C – Safety Zones

165.20 Safety zones.

A Safety Zone is a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized 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.

165.23 General regulations.

Unless otherwise provided in this part:

  1. No person may enter a safety zone unless authorized by the COTP or the District Commander;
  2. No person may bring or cause to be brought into a safety zone any vehicle, vessel, or object unless authorized by the COTP or the District Commander;
  3. No person may remain in a safety zone or allow any vehicle, vessel, or object to remain in a safety zone unless authorized by the COTP or the District Commander; and
  4. Each person in a safety zone who has notice of a lawful order or direction shall obey the order or direction of the COTP or District Commander issued to carry out the purposes of this subpart.

165.30 Security zones.

  1. A security zone is an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as is necessary to prevent damage or injury to any vessel or 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 United States.
  2. The purpose of a security zone is to safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature:
        1. Vessels,
        2. Harbors,
        3. Ports, and
        4. Waterfront facilities:

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:

  1. No person or vessel may enter or remain in a security zone without the permission of the Captain of the Port;
  2. Each person and vessel in a security zone shall obey any direction or order of the Captain of the Port;
  3. The Captain of the Port may take possession and control of any vessel in the security zone;
  4. The Captain of the Port may remove any person, vessel, article, or thing from a security zone;
  5. 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
  6. 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.

33 CFR Subpart D – Security Zones

165.30 Security zones.

  1. A security zone is an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as is necessary to prevent damage or injury to any vessel or 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 United States.
  2. The purpose of a security zone is to safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature:
        1. Vessels,
        2. Harbors,
        3. Ports, and
        4. Waterfront facilities:

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:

  1. No person or vessel may enter or remain in a security zone without the permission of the Captain of the Port;
  2. Each person and vessel in a security zone shall obey any direction or order of the Captain of the Port;
  3. The Captain of the Port may take possession and control of any vessel in the security zone;
  4. The Captain of the Port may remove any person, vessel, article, or thing from a security zone;
  5. 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
  6. 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.

33 CFR 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.

33 CFR Subpart F – Specific Regulated Navigation Areas and Limited Access Areas

165.T01-0023 Safety Zone; MBTA Railroad Bridge Replacement Project – Annisquam River, Gloucester, Massachusetts.

  1. Location. The following area is a safety zone: All navigable waters within 100 yards of the Massachusetts Bay Transportation Authority (MBTA) Railroad Bridge, at mile 0.7, across the Annisquam River, Gloucester, Massachusetts.
  2. Enforcement period. This section is enforceable from 12:01 a.m. on December 1, 2019, to 11:59 p.m. on June 30, 2023.
  3. Definitions. As used in this section:
        1. Designated representative means any Coast Guard commissioned, warrant, petty officer, or any Federal, state, or local law enforcement officer who has been designated by the Captain of the Port (COTP) Boston, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this section.
        2. Official patrol vessels means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Boston to enforce this section.
  4. Regulations. When this safety zone is enforced, the regulations in paragraphs (d)(1) and (2) of this section, along with those contained in § 165.23 apply:
        1. No person or vessel may enter or remain in this safety zone without the permission of the COTP Boston or the COTP’s designated representatives. However, any person or vessel permitted to enter the safety zone must comply with the directions and orders of the COTP Boston or the COTP’s designated representatives.
        2. To obtain permission required by this section, individuals may reach the COTP Boston or a COTP-designated representative via Channel 16 (VHF-FM) or 617-223-5757 (Sector Boston Command Center).
  5. Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232.

Effective Date Note:

By USCG-2019-2019, 84 FR 65679, Nov. 29, 2019, § 165.T01-0023 was added, effective Dec. 1, 2019, through June 30, 2023.

165.T01-0606 Safety Zone; North Washington Street Bridge Replacement Project – Charles River, Boston, MA.

  1. Location. The following area is a safety zone: All navigable waters within 100 yards of the North Washington Street Bridge, Charles River, Boston, Massachusetts.
  2. Enforcement Periods. This rule is enforceable from 12:01 a.m. on February 1, 2020, to 11:59 p.m. on December 31, 2023.
  3. Definitions. As used in this section:
        1. Designated representative means any Coast Guard commissioned, warrant, petty officer, or any federal, state, or local law enforcement officer who has been designated by the Captain of the Port (COTP) Boston, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.
        2. Official patrol vessels means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Boston to enforce this section.
  4. Regulations. When this safety zone is enforced, the following regulations, along with those contained in 33 CFR 165.23 apply:
        1. No person or vessel may enter or remain in this safety zone without the permission of the COTP Boston or the COTP’s designated representatives. However, any person or vessel permitted to enter the safety zone must comply with the directions and orders of the COTP Boston or the COTP’s designated representatives.
        2. To obtain permission required by this regulation, individuals may reach the COTP Boston or a COTP-designated representative via Channel 16 (VHF-FM) or 617-223-5757 (Sector Boston Command Center).
        3. Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232.

Effective Date Note:

By USCG-2019-0606, 85 FR 5136, Jan. 29, 2020, § 165.T01-0606 was added, effective Feb. 1, 2020, through Dec. 31, 2023.

165.T01-0682 Safety Zone – North Hero-Grand Isle Bridge, Lake Champlain, VT.

  1. Location. The following area is a safety zone: All navigable waters on Lake Champlain, within a 50-yard radius of the center of the North Hero-Grand Isle Bridge that spans Lake Champlain between North Hero Island and Grand Isle in position 44°45?57? N, 073°17?20? W (NAD 83).
  2. Definitions. As used in this section:
        1. Designated representative means any Coast Guard commissioned, warrant, petty officer, or any federal, state, or local law enforcement officer who has been designated by the Captain of the Port (COTP) Northern New England, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.
        2. Official patrol vessels means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Northern New England to enforce this section.
  3. Effective and enforcement period. This section is enforceable 24 hours a day from October 1, 2018, through September 1, 2022. When enforced as deemed necessary by the Captain of the Port (COTP) Northern New England, vessels and persons will be prohibited from entering this safety zone unless granted permission from the COTP Northern New England or the COTP’s designated representative.
  4. Regulations. When this safety zone is enforced, the following regulations, along with those contained in § 165.23 apply:
        1. No person or vessel may enter or remain in this safety zone without the permission of the Captain of the Port (COTP) Northern New England or the COTP’s designated representative. However, any vessel that is granted permission to enter or remain in this zone by the COTP or the COTP’s designated representative must proceed through the zone with caution and operate at a speed no faster than that speed necessary to maintain a safe course, unless otherwise required by the Navigation Rules.
        2. Any person or vessel permitted to enter the safety zone shall comply with the directions and orders of the COTP or the COTP’s designated representative. Upon being hailed by
        3. U.S. Coast Guard vessel by siren, radio, flashing lights, or other means, the operator of a vessel within the zone shall proceed as directed. Any person or vessel within the safety zone shall exit the zone when directed by the COTP or the COTP’s designated representative.
        4. To obtain permission required by this regulation, individuals may reach the COTP or the COTP’s designated representative via Channel 16 (VHF-FM) or (207)741-5465 (Sector Northern New England Command Center).
  5. Penalties. Those who violate this section are subject to the penalties set forth in 46 U.S.C. 70036.
  6. Notification. Coast Guard Sector Northern New England will give notice through the Local Notice to Mariners and Broadcast Notice to Mariners for the purpose of enforcement of temporary safety zone.

Effective Date Note:

By USCG-2018-0682, 83 FR 50505, Oct. 9, 2018, § 165.T01-0682 was added, effective Oct. 9, 2018, through Sept. 1, 2022.

165.T01-0843 Safety Zone; Barters Island Bridge, Back River, Barters Island, ME.

  1. Location. The following area is a safety zone: All navigable waters on Back River, within a 50-yard radius of the center point of the Barters Island Bridge that spans Back River between Barters Island and Hodgdon Island in position 43°52?51? N, 069°40?19? W (NAD 83).
  2. Definitions. As used in this section:
    1. Designated representative means any Coast Guard commissioned, warrant, petty officer, or any federal, state, or local law enforcement officer who has been designated by the Captain of the Port (COTP) Northern New England, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.
    2. Official patrol vessels means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Northern New England to enforce this section.
  3. Effective and enforcement period. This rule is effective without actual notice from December 7, 2018 through 11:59 p.m. on January 31, 2021. For the purposes of enforcement, actual notice will be used from 12:01 a.m. on December 1, 2018 through December 7, 2018. This rule will only be enforced during operations on replacement of the Barters Island Bridge or other instances which may cause a hazard to navigation, or when deemed necessary by the Captain of the Port (COTP), Northern New England.
  4. Regulations. The general regulations contained in § 165.23, as well as the following regulations, apply:
        1. No person or vessel may enter or remain in this safety zone without the permission of the COTP or the COTP’s designated representative.
        2. To obtain permission required by this regulation, individuals may reach the COTP or the COTP’s designated representative via Channel 16 (VHF-FM) or (207) 741-5465 (Sector Northern New England Command Center).
        3. During periods of enforcement, any person or vessel permitted to enter the safety zone shall comply with the directions and orders of the COTP or the COTP’s designated representative.
        4. During periods of enforcement, upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing lights, or other means, the operator of a vessel within the zone must proceed as directed. Any person or vessel within the safety zone shall exit the zone when directed by the COTP or the COTP’s designated representative.

Effective Date Note:

By USCG-2018-0843, 83 FR 63061, Dec. 7, 2018, § 165.T01-0843 was added, effective Dec. 7, 2018, through Jan. 31, 2021.

165.T01-0890 Regulated Navigation Area; Beals Island Bridge Replacement, Moosabec Reach, Jonesport, ME.

  1. Regulated Navigation Area boundaries. The following area is a Regulated Navigation Area (RNA): All navigable waters of the Moosabec Reach between Jonesport, ME, and Beals, ME, from surface to bottom, within 150-yards of the Beals Island Bridge. Encompassed by a line connecting the following points 44°31?19.8? N., 67°36?44.1? W. and then west along the shoreline to a point on land at position 44°31?20.1? N., 67°36?57.9? W. and then north across the channel to a point on land at position 44°31?39.1? N., 67°37?01.7? W. and then east along the shoreline to a point on land at position 44°31?41.3? N., 67°36?48.9? W. 3°10?04.944? W. and then south across the channel back to the point of origin. These coordinates are based on [NAD 83].
  2. Regulations. The general regulations contained in 33 CFR 165.13 apply within the RNA.
        1. Any vessel transiting through the Beals Island Bridge must make a direct passage using the main channel under the center span. No vessel may stop, moor, anchor, or loiter within the RNA at any time unless they are working on the bridge construction or have received prior authorization by the First District Commander or the Captain of the Port (COTP), Sector Northern New England, or his designated representative.
        2. Movement within this RNA is subject to a “Slow-No Wake” speed limit. No vessels may produce a wake nor attain speeds greater than five (5) knots unless a higher minimum speed is necessary to maintain bare steerageway.
        3. No vessel with a beam greater than 75 feet may transit this area unless they receive advance authorization by the First District Commander or the Captain of the Port (COTP), Sector Northern New England.
        4. There may be times that the First District Commander or the COTP finds it necessary to close the RNA to vessel traffic. Mariners will be advised of all closure dates and times via Local Notice to Mariners and Broadcast Notice to Mariners in advance of closure times. During periods of closure, persons and vessels may request permission to enter and transit the RNA by contacting the COTP or the COTP’s on-scene representative on VHF-16 or via phone at 207-767-0303.
        5. Any vessels transiting within this RNA must comply with all directions given to them by the COTP or the COTP’s on-scene representative. The “on-scene representative” of the COTP is any Coast Guard commissioned, warrant or petty officer who has been designated by the COTP to act on the COTP’s behalf. The on-scene representative may be on a Coast Guard vessel; or other designated craft; or on shore and communicating with vessels via VHF-FM radio or loudhailer. Members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.
        6. All other relevant regulations, including but not limited to the Rules of the Road, as codified in 33 CFR Subchapter E, Inland Navigational Rules, remain in effect within this RNA and must be strictly followed at all times.
  3. Penalties. Those who violate this section are subject to the penalties set forth in 46 U.S.C. 70036.
  4. Enforcement period. This RNA’s speed and beam restrictions are enforceable 24 hours a day as long as this RNA is in place. The Coast Guard will enforce waterway closures only when necessary to protect people and vessels from hazards associated with bridge construction.
  5. Notification. Coast Guard Sector Northern New England will give notice through the Local Notice to Mariners and Broadcast Notice to Mariners regarding enforcement of this RNA. Coast Guard Sector Northern New England will also notify the public to the greatest extent possible of any period in which the Coast Guard will suspend enforcement of this RNA.

Effective Date Note:

By USCG-2017-0890, 82 FR 49110, Oct. 24, 2017, temporary § 165.T01-0890 was added, effective from Oct. 24, 2017, through Jan. 31, 2021.

165.100 Regulated Navigation Area: Navigable waters within the First Coast Guard District.

  1. Regulated navigation area. All navigable waters of the United States, as that term is used in 33 CFR 2.36, within the geographic boundaries of the First Coast Guard District, as defined in 33 CFR 3.05-1(b).
  2. Definitions. Terms used in this section have the same meaning as those found in 33 CFR 157.03. Single-hull identifies any tank barge that is not a double-hull tank barge.
  3. 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.
  4. Regulations –
      1. Positive control for barges.
        1. Except as provided in paragraph (d)(1)(iii) and paragraph 5 of this section, each single hull tank barge, unless being towed by a primary towing vessel with twin-screw propulsion and with a separate system for power to each screw, must be accompanied by an escort tug of sufficient capability to promptly push or tow the tank barge away from danger of grounding or collision in the event of –
          1. A propulsion failure;
          2. A parted towing line;
          3. A loss of tow;
          4. A fire;
          5. Grounding;
          6. A loss of steering; or
          7. Any other time a vessel may be operating in a Hazardous Vessel Operating Condition as defined in § 161.2 of this Chapter.
        2. Double-hull tank barges are exempt from paragraph (d)(1)(i) of this section.
        3. 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 –
          1. 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
          2. 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.
        4. 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:
        1. Execution Rocks Light (USCG Light List No. [LLNR] 21440).
        2. Matinecock Point Shoal Lighted Gong Buoy 21 (LLNR 21420).
        3. 32A Buoy (LLNR 21380).
        4. Cable and Anchor Reef Lighted Bell Buoy 28C (LLNR 21330).
        5. Stratford Shoal (Middle Ground) Light (LLNR 21260).
        6. Old Field Point Light (LLNR 21275).
        7. Approach to Stratford Point from the south (NOAA Chart 12370).
        8. Falkner Island Light (LLNR 21170).
        9. TE Buoy (LLNR 21160).
        10. PI Buoy (LLNR 21080).
        11. Race Rock Light (LLNR 19815).
        12. Valiant Rock Lighted Whistle Buoy 11 (LLNR 19825).
        13. Approach to Point Judith in vicinity of Block Island ferry route.
        14. Buzzards Bay Entrance Light (LLNR 630).
        15. Buzzards Bay Midchannel Lighted Buoy BB (LLNR 16055)
        16. Cleveland East Ledge Light (LLNR 016080).
        17. Hog Island Channel Lighted Buoys 1 (LLNR 16130) and 2 (LLNR 16135).
        18. Approach to the Bourne Bridge.
        19. Approach to the Sagamore Bridge.
        20. Approach to the eastern entrance of Cape Cod Canal.
      3. Voyage planning.
        1. 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.
        2. The watch officer is authorized to make modifications to the plan and validate it as necessary.
        3. Except as provided in paragraph (d)(3)(iv) of this section, each voyage plan must contain:
          1. A description of the type, volume, and grade of cargo.
          2. 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).
          3. Current and forecasted weather, including visibility, wind, and sea state for the destination(s).
          4. Data on tides and tidal currents for the destination(s).
          5. Forward and after drafts of the tank barge, and under-keel and vertical clearances for each port and berthing area.
          6. Pre-departure checklists.
          7. Calculated speed and estimated times of arrival at proposed waypoints.
          8. Communication contacts at Vessel Traffic Service (VTS) (if applicable), bridges, and facilities, and port-specific requirements for VHF radio.
          9. The master’s standing orders detailing closest points of approach, special conditions, and critical maneuvers.
        4. 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:
          1. The information described in paragraphs (d)(3)(iii)(D) and (E) of this section.
          2. 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.
          3. The channels of VHF radio to monitor.
          4. 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 –
        1. The waters of Cape Cod Bay south of latitude 42°5? North and east of longitude 70°25? West; or
        2. The waters of Fishers Island Sound east of longitude 72°2? West, and west of longitude 71°55? West.
      5. Special Buzzards Bay regulations.
        1. For the purposes of this section, “Buzzards Bay” is the body of water east and north of a line drawn from the southern tangent of Sakonnet Point, Rhode Island, in approximate position latitude 41°27.2? North, longitude 71°11.7? West, to the Buzzards Bay Entrance Light in approximate position latitude 41°23.48? North, longitude 71°02.5? West, and then to the southwestern tangent of Cuttyhunk Island, Massachusetts, at approximate position latitude 41°24.6? North, longitude 70°57.0? West, and including all of the Cape Cod Canal to its eastern entrance, except that the area of New Bedford harbor within the confines (north) of the hurricane barrier, and the passages through the Elizabeth Islands, is not considered to be “Buzzards Bay”.
        2. Additional positive control for barges. Except as provided in paragraph (d)(1)(iii) of this section, each single hull tank barge transiting Buzzards Bay and carrying 5,000 or more barrels of oil or other hazardous material must, in addition to its primary tug, be accompanied by an escort tug of sufficient capability to promptly push or tow the tank barge away from danger of grounding or collision in the event of –
          1. A propulsion failure;
          2. A parted tow line;
          3. A loss of tow;
          4. A fire;
          5. Grounding;
          6. A loss of steering; or
          7. Any other time a vessel may be operating in a Hazardous Vessel Operating Condition as defined in § 161.2 of this subchapter.
        3. Federal pilotage. Each single hull tank barge transiting Buzzards Bay and carrying 5,000 or more barrels of oil or other hazardous material must be under the direction and control of a pilot, who is not a member of the crew, operating under a valid, appropriately endorsed, Federal first class pilot’s license issued by the Coast Guard (“federally licensed pilot”). Pilots are required to embark, direct, and control from the primary tug during transits of Buzzards Bay.
        4. In addition to the vessels denoted in § 161.16 of this chapter, requirements set forth in subpart B of 33 CFR part 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge radiotelephone by part 26 of this chapter.
          1. A VMRS Buzzards Bay user must:
            1. Not enter or get underway in the area without first notifying the VMRS Center;
            2. Not enter VMRS Buzzards Bay if a Hazardous Vessel Operating Condition or circumstance per § 161.2 of this Subchapter exists;
            3. If towing astern, do so with as short a hawser as safety and good seamanship permits;
            4. Not meet, cross, or overtake any other VMRS user in the area without first notifying the VMRS center;
            5. Before meeting, crossing, or overtaking any other VMRS user in the area, communicate on the designated vessel bridge-to-bridge radiotelephone frequency, intended navigation movements, and any other information necessary in order to make safe passing arrangements. This requirement does not relieve a vessel of any duty prescribed by the Navigation Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E)).
          2. [Reserved]
  5. 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; CGD01-04-133, 72 FR 50058, Aug. 30, 2007; 72 FR 70780, Dec. 13, 2007; USCG-2008-0179, 73 FR 35016, June 19, 2008; USCG-2015-0433, 80 FR 44283, July 27, 2015; USCG-2016-0498, 82 FR 35088, July 28, 2017]