{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 165 sorted by section_id", "rows": [["17:17:2.0.1.1.28.0.1.1", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.1 General.", "CFTC", "", "", "", "Section 23 of the Commodity Exchange Act, entitled \u201cCommodity Whistleblower Incentives and Protection,\u201d requires the Commission to pay awards, subject to certain limitations and conditions, to whistleblowers who voluntarily provide the Commission with original information about violations of the Commodity Exchange Act. This part 165 describes the whistleblower program that the Commission intends to establish to implement the provisions of Section 23, and explains the procedures the whistleblower will need to follow in order to be eligible for an award. Whistleblowers should read these procedures carefully, because the failure to take certain required steps within the time frames described in this part may result in disqualification from receiving an award. Unless expressly provided for in this part, no person is authorized to make any offer or promise, or otherwise to bind the Commission with respect to the payment of any award or the amount thereof."], ["17:17:2.0.1.1.28.0.1.10", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.10 Contents of record for award determination.", "CFTC", "", "", "[76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24500, May 30, 2017]", "(a) The following items constitute the record upon which the award determination under \u00a7 165.7 shall be made:\n\n(1) The whistleblower's Form TCR, \u201cTip, Complaint or Referral,\u201d including related attachments, and other documentation provided by the whistleblower to the Commission;\n\n(2) The whistleblower's Form WB-APP, \u201cApplication for Award for Original Information Provided Pursuant to Section 23 of the Commodity Exchange Act,\u201d and related attachments;\n\n(3) The complaint, notice of hearing, answers and any amendments thereto;\n\n(4) The final judgment, consent order, or administrative speaking order;\n\n(5) The transcript of the related administrative hearing or civil injunctive proceeding, including any exhibits entered at the hearing or proceeding;\n\n(6) Any other documents that appear on the docket of the proceeding;\n\n(7) Sworn declarations (including attachments) from the Commission's Division of Enforcement staff regarding any matters relevant to the award determination;\n\n(8) With respect to an award claim involving a Related Action, any statements or other information that an entity provides or identifies in connection with an award determination, provided the entity has authorized the Commission to share the information with the claimant. (Neither the Commission nor the Claims Review Staff may rely upon information that the entity has not authorized the Commission to share with the applicant); and\n\n(9) Any other documents or materials including sworn declarations from third-parties that are received or obtained by the Whistleblower Office to assist the Commission resolve the applicant's award application, including information related to the claimant's eligibility. (Neither the Commission nor the Claims Review Staff may rely upon information that a third party has not authorized the Commission to share with the claimant).\n\n(b) The rules in this part do not entitle a claimant to obtain from the Commission any materials (including any pre-decisional or internal deliberative process materials that are prepared to assist the Commission or Claims Review Staff in deciding the claim) other than those listed in paragraph (a) of this section. The Whistleblower Office may make redactions as necessary to comply with any statutory restrictions, to protect the Commission's law enforcement and regulatory functions, and to comply with requests for confidential treatment from other law enforcement and regulatory authorities."], ["17:17:2.0.1.1.28.0.1.11", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.11 Awards based upon related actions.", "CFTC", "", "", "[82 FR 24500, May 30, 2017]", "(a) Provided that a whistleblower or whistleblowers comply with the requirements in \u00a7\u00a7 165.3, 165.5 and 165.7, and pursuant to \u00a7 165.8, the Commission may grant an award based on the amount of monetary sanctions collected in a \u201cRelated Action\u201d or \u201cRelated Actions\u201d, where:\n\n(1) A \u201cRelated Action\u201d is a judicial or administrative action that is brought by:\n\n(i) The Department of Justice;\n\n(ii) An appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction;\n\n(iii) A registered entity, registered futures association, or self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a));\n\n(iv) A State criminal or appropriate civil agency, acting within the scope of its jurisdiction; or\n\n(v) A foreign futures authority; and\n\n(2) The \u201cRelated Action\u201d is based on the original information that the whistleblower voluntarily submitted to the Commission and led to a successful resolution of the Commission judicial or administrative action.\n\n(b) The Commission will not make an award to a claimant for a final judgment in a Related Action if the claimant has already been granted an award by the Securities and Exchange Commission (SEC) for that same action pursuant to its whistleblower award program under section 21F of the Securities Exchange Act (15 U.S.C. 78a  et seq. ). If the SEC has previously denied an award to the claimant for a judgment in a Related Action, the whistleblower will be precluded from relitigating any issues before the Commission that the SEC resolved against the claimant as part of the award denial."], ["17:17:2.0.1.1.28.0.1.12", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.12 Payment of awards from the Fund, financing of customer education initiatives, and deposits and credits to the Fund.", "CFTC", "", "", "[76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24500, May 30, 2017; 89 FR 71820, Sept. 4, 2024]", "(a) The Commission shall pay awards to whistleblowers from the Fund.\n\n(b) The Commission shall deposit into or credit to the Fund:\n\n(1) Any monetary sanctions collected by the Commission in any covered judicial or administrative action that is not otherwise distributed, or ordered to be distributed, to victims of a violation of the Commodity Exchange Act underlying such action, unless the balance of the Fund at the time the monetary sanctions are collected exceeds $100,000,000. In the event the Fund's value exceeds $100,000,000, any monetary sanctions collected by the Commission in a covered judicial or administrative action that is not otherwise distributed, or ordered to be distributed, to victims of violations of the Commodity Exchange Act or the rules and regulations thereunder underlying such action, shall be deposited into the general fund of the U.S. Treasury.\n\n(2) In the event that the amounts deposited into or credited to the Fund under paragraph (b)(1) of this section are not sufficient to satisfy an award made pursuant to \u00a7 165.7, then, pursuant to Section 23(g)(3)(B) of the Commodity Exchange Act;\n\n(i) An amount equal to the unsatisfied portion of the award;\n\n(ii) Shall be deposited into or credited to the Fund;\n\n(iii) From any monetary sanction collected by the Commission in any judicial or administrative action brought by the Commission under the Commodity Exchange Act, regardless of whether it qualifies as a \u201ccovered judicial or administrative action\u201d;  provided,  however, that such judicial or administrative action is based on information provided by a whistleblower.\n\n(c)  Office of Public Affairs.  The Commission shall undertake and maintain customer education initiatives through its Office of Customer Education and Outreach. The initiatives shall be designed to help customers protect themselves against fraud or other violations of the Commodity Exchange Act, or the rules or regulations thereunder. The Commission shall fund the initiatives and may utilize funds deposited into the Fund during any fiscal year in which the beginning (October 1) balance of the Fund is greater than $10,000,000. The Commission shall budget, on an annual basis, the amount used to finance customer education initiatives, taking into consideration the balance of the Fund."], ["17:17:2.0.1.1.28.0.1.13", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.13 Appeals.", "CFTC", "", "", "[82 FR 24500, May 30, 2017]", "(a) Any Final Order of the Commission relating to a whistleblower award determination, including whether, to whom, or in what amount to make whistleblower awards, may be appealed to the appropriate court of appeals of the United States not more than 30 days after the Final Order of the Commission is issued, provided that administrative remedies have been exhausted.\n\n(b) The record on appeal shall consist of:\n\n(1) The Contents of Record for Award Determinations, as set forth in \u00a7 165.10. The record on appeal shall not include any pre-decisional or internal deliberative process materials that are prepared to assist the Commission or the Claims Review Staff in deciding the claim (including staff's draft Preliminary Determination or any Proposed Final Determination or staff's draft final determination); and\n\n(2) The Preliminary Determination and the Final Order of the Commission, as set forth in \u00a7 165.7."], ["17:17:2.0.1.1.28.0.1.14", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.14 Procedures applicable to the payment of awards.", "CFTC", "", "", "", "(a) A recipient of a whistleblower award is entitled to payment on the award only to the extent that the monetary sanction upon which the award is based is collected in the Commission judicial or administrative action or in a related action.\n\n(b) Payment of a whistleblower award for a monetary sanction collected in a Commission action or related action shall be made within a reasonable time following the later of:\n\n(1) The date on which the monetary sanction is collected; or\n\n(2) The completion of the appeals process for all whistleblower award claims arising from:\n\n(i) The Notice of Covered Action, in the case of any payment of an award for a monetary sanction collected in a covered judicial or administrative action; or\n\n(ii) The related action, in the case of any payment of an award for a monetary sanction collected in a related action.\n\n(c) If there are insufficient amounts available in the Fund to pay the entire amount of an award payment within a reasonable period of time from the time for payment specified by paragraph (b) of this section, then subject to the following terms, the balance of the payment shall be paid when amounts become available in the Fund, as follows:\n\n(1) Where multiple whistleblowers are owed payments from the Fund based on awards that do not arise from the same Notice of Covered Action (or related action), priority in making these payments will be determined based upon the date that the Final Order of the Commission is made. If two or more of these Final Orders of the Commission are entered on the same date, then those whistleblowers owed payments will be paid on a pro rata basis until sufficient amounts become available in the Fund to pay their entire payments.\n\n(2) Where multiple whistleblowers are owed payments from the Fund based on awards that arise from the same Notice of Covered Action (or related action), they will share the same payment priority and will be paid on a pro rata basis until sufficient amounts become available in the Fund to pay their entire payments."], ["17:17:2.0.1.1.28.0.1.15", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.15 Administering the whistleblower program.", "CFTC", "", "", "[82 FR 24501, May 30, 2017, as amended at 89 FR 71820, Sept. 4, 2024]", "(a)  Specific authorities \u2014(1)  Payments, deposits, and credits.  The Executive Director is authorized to deposit into or credit collected monetary sanctions to the Fund, and to make payment of awards therefrom, with the concurrence of the General Counsel and the Director of the Division of Enforcement, or of their respective designees.\n\n(2)  Designation of claims review staff.  The Claims Review Staff referenced in \u00a7 165.7 shall be composed of no fewer than three and no more than five staff members from any of the Commission's Offices or Divisions (except the Office of the General Counsel) who have not had direct involvement in the underlying enforcement action, as designated by the Director of the Division of Enforcement in consultation with the Executive Director. The Claims Review Staff will always include at least one staff member who does not work in the Division of Enforcement.\n\n(3)  Disclosure of whistleblower identifying information.  The Director of the Division of Enforcement is authorized on behalf of the Commission to exercise its discretion to disclose whistleblower identifying information under \u00a7 165.4(a).\n\n(b)  General authority to administer the program.  The Director of the Division of Enforcement shall have general authority to administer the whistleblower program except as otherwise provided under this part."], ["17:17:2.0.1.1.28.0.1.16", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.16 No immunity.", "CFTC", "", "", "", "The Commodity Whistleblower Incentives and Protections provisions set forth in Section 23(h) of Commodity Exchange Act and this part 165 do not provide individuals who provide information to the Commission with immunity from prosecution. The fact that an individual may become a whistleblower and assist in Commission investigations and enforcement actions does not preclude the Commission from bringing an action against the whistleblower based upon the whistleblower's own conduct in connection with violations of the Commodity Exchange Act and the Commission's regulations. If such an action is determined to be appropriate, however, the Commission's Division of Enforcement will take the whistleblower's cooperation into consideration in accordance with its sanction recommendations to the Commission."], ["17:17:2.0.1.1.28.0.1.17", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.17 Awards to whistleblowers who engage in culpable conduct.", "CFTC", "", "", "", "In determining whether the required $1,000,000 threshold has been satisfied for purposes of making any award, the Commission will not take into account any monetary sanctions that the whistleblower is ordered to pay, or that is ordered against any entity whose liability is based primarily on conduct that the whistleblower principally directed, planned, or initiated. Similarly, if the Commission determines that a whistleblower is eligible for an award, any amounts that the whistleblower or such an entity pay in sanctions as a result of the action or related actions will not be included within the calculation of the amounts collected for purposes of making payments pursuant to \u00a7 165.14."], ["17:17:2.0.1.1.28.0.1.18", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.18 Staff communications with whistleblowers from represented entities.", "CFTC", "", "", "", "If the whistleblower is a whistleblower who is a director, officer, member, agent, or employee of an entity that has counsel, and the whistleblower has initiated communication with the Commission relating to a potential violation of the Commodity Exchange Act, the Commission's staff is authorized to communicate directly with the whistleblower regarding the subject of the whistleblower's communication without seeking the consent of the entity's counsel."], ["17:17:2.0.1.1.28.0.1.19", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.19 Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.", "CFTC", "", "", "[82 FR 24501, May 30, 2017]", "(a)  Non-waiver.  The rights and remedies provided for in this part may not be waived by any agreement, policy, form, or condition of employment, including by a predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this part.\n\n(b)  Protected communications.  No person may take any action to impede an individual from communicating directly with the Commission's staff about a possible violation of the Commodity Exchange Act, including by enforcing, or threatening to enforce, a confidentiality agreement or predispute arbitration agreement with respect to such communications."], ["17:17:2.0.1.1.28.0.1.2", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.2 Definitions.", "CFTC", "", "", "[76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24497, May 30, 2017]", "As used in this part:\n\n(a)  Action.  The term \u201caction\u201d generally means a single captioned judicial or administrative proceeding. Notwithstanding the foregoing:\n\n(1) For purposes of making an award under \u00a7 165.7, the Commission will treat as a Commission action two or more administrative or judicial proceedings brought by the Commission if these proceedings arise out of the same nucleus of operative facts; or\n\n(2) For purposes of determining the payment on an award under \u00a7 165.14, the Commission will deem as part of the Commission action upon which the award was based any subsequent Commission proceeding that, individually, results in a monetary sanction of $1,000,000 or less, and that arises out of the same nucleus of operative facts.\n\n(b)  Aggregate amount.  The phrase \u201caggregate amount\u201d means the total amount of an award granted to one or more whistleblowers pursuant to \u00a7 165.8.\n\n(c)  Analysis.  The term \u201canalysis\u201d means the whistleblower's examination and evaluation of information that may be generally available, but which reveals information that is not generally known or available to the public.\n\n(d)  Collected by the Commission.  The phrase \u201ccollected by the Commission\u201d refers to any funds received, and confirmed by the U.S. Department of the Treasury, in satisfaction of part or all of a civil monetary penalty, disgorgement obligation, or fine owed to the Commission.\n\n(e)  Covered judicial or administrative action.  The phrase \u201ccovered judicial or administrative action\u201d means any judicial or administrative action brought by the Commission under the Commodity Exchange Act whose successful resolution results in monetary sanctions exceeding $1,000,000.\n\n(f)  Fund.  The term \u201cFund\u201d means the Commodity Futures Trading Commission Customer Protection Fund.\n\n(g)  Independent knowledge.  The phrase \u201cindependent knowledge\u201d means factual information in the whistleblower's possession that is not generally known or available to the public. The whistleblower may gain independent knowledge from the whistleblower's experiences, communications and observations in the whistleblower's personal business or social interactions. The Commission will not consider the whistleblower's information to be derived from the whistleblower's independent knowledge if the whistleblower obtained the information:\n\n(1) From sources generally available to the public such as corporate filings and the media, including the Internet;\n\n(2) Through a communication that was subject to the attorney-client privilege, unless the disclosure is otherwise permitted by the applicable federal or state attorney conduct rules;\n\n(3) In connection with the legal representation of a client on whose behalf the whistleblower, or the whistleblower's employer or firm, have been providing services, and the whistleblower seek to use the information to make a whistleblower submission for the whistleblower's own benefit, unless disclosure is authorized by the applicable federal or state attorney conduct rules;\n\n(4) Because the whistleblower was an officer, director, trustee, or partner of an entity and another person informed the whistleblower of allegations of misconduct, or the whistleblower learned the information in connection with the entity's processes for identifying, reporting, and addressing possible violations of law;\n\n(5) Because the whistleblower was an employee whose principal duties involved compliance or internal audit responsibilities; or\n\n(6) By a means or in a manner that is determined by a United States court to violate applicable Federal or state criminal law.\n\n(7)  Exceptions.  Paragraphs (g)(4) and (5) of this section shall not apply if:\n\n(i) The whistleblower has a reasonable basis to believe that disclosure of the information to the Commission is necessary to prevent the relevant entity from engaging in conduct that is likely to cause substantial injury to the financial interest or property of the entity or investors;\n\n(ii) The whistleblower has a reasonable basis to believe that the relevant entity is engaging in conduct that will impede an investigation of the misconduct; or\n\n(iii) At least 120 days have elapsed since the whistleblower provided the information to the relevant entity's audit committee, chief legal officer, chief compliance officer (or their equivalents), or the whistleblower's supervisor, or since the whistleblower received the information, if the whistleblower received it under circumstances indicating that the entity's audit committee, chief legal officer, chief compliance officer (or their equivalents), or the whistleblower's supervisor was already aware of the information.\n\n(h)  Independent analysis.  The phrase \u201cindependent analysis\u201d means the whistleblower's own analysis, whether done alone or in combination with others.\n\n(i)  Information that led to successful enforcement.  The Commission will consider that the whistleblower provided original information that led to the successful enforcement of a judicial or administrative action, or related action, in the following circumstances:\n\n(1) The whistleblower gave the Commission original information that was sufficiently specific, credible, and timely to cause the Commission staff to commence an examination, open an investigation, reopen an investigation that the Commission had closed, or to inquire concerning different conduct as part of a current examination or investigation, and the Commission brought a successful judicial or administrative action based in whole or in part on conduct that was the subject of the whistleblower's original information; or\n\n(2) The whistleblower gave the Commission original information about conduct that was already under examination or investigation by the Commission, the Congress, any other authority of the federal government, a state Attorney General or securities regulatory authority, any registered entity, registered futures association, or self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), foreign futures authority, or the Public Company Accounting Oversight Board (except in cases where the whistleblower was an original source of this information as defined in paragraph (l) of this section), and the whistleblower's submission significantly contributed to the success of the action.\n\n(3) The whistleblower reported original information through an entity's internal whistleblower, legal, or compliance procedures for reporting allegations of possible violations of law before or at the same time the whistleblower reported them to the Commission; the entity later provided the whistleblower's information to the Commission, or provided results of an audit or investigation initiated in whole or in part in response to information the whistleblower reported to the entity; and the information the entity provided to the Commission satisfies either paragraph (i)(1) or (2) of this section. Under this paragraph (i)(3), the whistleblower must also submit the same information to the Commission in accordance with the procedures set forth in \u00a7 165.3 within 180 days of providing it to the entity.\n\n(j)  Monetary sanctions.  The phrase \u201cmonetary sanctions,\u201d when used with respect to any judicial or administrative action, or related action, means\u2014\n\n(1) Any monies, including penalties, disgorgement, restitution, and interest ordered to be paid; and\n\n(2) Any monies deposited into a disgorgement fund or other fund pursuant to section 308(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246(b)) as a result of such action or any settlement of such action.\n\n(k)  Original information.  The phrase \u201coriginal information\u201d means information that\u2014\n\n(1) Is derived from the independent knowledge or independent analysis of a whistleblower;\n\n(2) Is not already known to the Commission from any other source, unless the whistleblower is the original source of the information;\n\n(3) Is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information; and\n\n(4) Is submitted to the Commission for the first time after July 21, 2010 (the date of enactment of the Wall Street Transparency and Accountability Act of 2010).\n\n(5) Original information shall not lose its status as original information solely because the whistleblower submitted such information prior to October 24, 2011, provided such information was submitted after July 21, 2010, the date of enactment of the Wall Street Transparency and Accountability Act of 2010. In order to be eligible for an award, a whistleblower who submits original information to the Commission after July 21, 2010, but prior to October 24, 2011, must comply with the procedure set forth in \u00a7 165.3(d).\n\n(l)  Original source.  The whistleblower must satisfy the whistleblower's status as the original source of information to the Commission's satisfaction.\n\n(1)  Information obtained from another source.  The Commission will consider the whistleblower to be an \u201coriginal source\u201d of the same information that the Commission obtains from another source if the information the whistleblower provide satisfies the definition of original information and the other source obtained the information from the whistleblower or the whistleblower's representative.\n\n(i) In order to be considered an original source of information that the Commission receives from Congress, any other federal, state or local authority, a foreign futures authority, any registered entity, registered futures association, or any self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), the whistleblower must have voluntarily given such authorities the information within the meaning of this part. In determining whether the whistleblower is the original source of information, the Commission may seek assistance and confirmation from one of the other entities or authorities described in this paragraph (l)(1)(i).\n\n(ii) In the event that the whistleblower claims to be the original source of information that an authority or another entity, other than as set forth in paragraph (l)(1)(i) of this section, provided to the Commission, the Commission may seek assistance and confirmation from such authority or other entity.\n\n(2)  Information first provided to another authority or person.  If the whistleblower provides information to Congress, any other federal, state, or local authority, a foreign futures authority, a registered entity, a registered futures association, a self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), or to any of the persons described in paragraphs (g)(4) and (5) of this section, and the whistleblower, within 180 days, makes a submission to the Commission pursuant to \u00a7 165.3, as the whistleblower must do in order for the whistleblower to be eligible to be considered for an award, then, for purposes of evaluating the whistleblower's claim to an award under \u00a7 165.7, the Commission will consider that the whistleblower provided original information as of the date of the whistleblower's original disclosure, report, or submission to one of these other authorities or persons. The whistleblower must establish the whistleblower's status as the original source of such information, as well as the effective date of any prior disclosure, report, or submission, to the Commission's satisfaction. The Commission may seek assistance and confirmation from the other authority or person in making this determination.\n\n(3)  Information already known by the Commission.  If the Commission already knows some information about a matter from other sources at the time the whistleblower makes the whistleblower's submission, and the whistleblower is not an original source of that information, as described above, the Commission will consider the whistleblower an \u201coriginal source\u201d of any information the whistleblower separately provides that is original information that materially adds to the information that the Commission already possesses.\n\n(m)  Related action.  The phrase \u201crelated action,\u201d when used with respect to any judicial or administrative action brought by the Commission under the Commodity Exchange Act, means any judicial or administrative action brought by an entity listed in \u00a7 165.11(a) that is based upon the original information voluntarily submitted by a whistleblower to the Commission pursuant to \u00a7 165.3 that led to the successful resolution of the Commission action.\n\n(n)  Successful resolution.  The phrase \u201csuccessful resolution,\u201d when used with respect to any judicial or administrative action brought by the Commission under the Commodity Exchange Act, includes any settlement of such action or final judgment in favor of the Commission. It shall also have the same meaning as \u201csuccessful enforcement.\u201d\n\n(o)  Voluntary submission or voluntarily submitted.  (1) The phrase \u201cvoluntary submission\u201d or \u201cvoluntarily submitted\u201d within the context of submission of original information to the Commission under this part, shall mean the provision of information made prior to any request from the Commission, Congress, any other federal or state authority, the Department of Justice, a registered entity, a registered futures association, or a self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) to the whistleblower or anyone representing the whistleblower (such as an attorney) about a matter to which the information in the whistleblower's submission is relevant. If the Commission or any of these other authorities makes a request, inquiry, or demand to the whistleblower or the whistleblower's representative first, the whistleblower's submission will not be considered voluntary, and the whistleblower will not be eligible for an award, even if the whistleblower's response is not compelled by subpoena or other applicable law. For purposes of this paragraph (o), the whistleblower will be considered to have received a request, inquiry or demand if documents or information from the whistleblower is within the scope of a request, inquiry, or demand that the whistleblower's employer receives, unless, after receiving the documents or information from the whistleblower, the whistleblower's employer fails to provide the whistleblower's documents or information to the requesting authority in a timely manner.\n\n(2) In addition, the whistleblower's submission will not be considered voluntary if the whistleblower is under a pre-existing legal or contractual duty to report the violations that are the subject of the whistleblower's original information to the Commission, Congress, any other federal or state authority, the Department of Justice, a registered entity, a registered futures association, or a self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), or a duty that arises out of a judicial or administrative order.\n\n(p)  Whistleblower(s).  (1) The term \u201cwhistleblower\u201d or \u201cwhistleblowers\u201d means any individual, or two (2) or more individuals acting jointly, who provides information relating to a potential violation of the Commodity Exchange Act to the Commission, in the manner established by \u00a7 165.3. A company or another entity is not eligible to be a whistleblower.\n\n(2)  Prohibition against retaliation.  The anti-retaliation protections under Section 23(h) of the Commodity Exchange Act apply whether or not the whistleblower satisfies the requirements, procedures and conditions to qualify for an award. For purposes of the anti-retaliation protections afforded by Section 23(h)(1)(A)(i) of the Commodity Exchange Act, the whistleblower is a whistleblower if:\n\n(i) The whistleblower possess a reasonable belief that the information the whistleblower is providing relates to a possible violation of the CEA, or the rules or regulations thereunder, that has occurred, is ongoing, or is about to occur; and\n\n(ii) The whistleblower provides that information in a manner described in \u00a7 165.3."], ["17:17:2.0.1.1.28.0.1.20", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.20 Whistleblower anti-retaliation protections.", "CFTC", "", "", "[82 FR 24501, May 30, 2017]", "(a)  In general.  No employer may discharge, demote, suspend, directly or indirectly threaten or harass, or in any other manner discriminate against, a whistleblower in the terms and conditions of employment because of any lawful act done by the whistleblower\u2014\n\n(1) In providing information to the Commission in accordance with this part; or\n\n(2) In assisting in any investigation or judicial or administrative action of the Commission based upon or related to such information.\n\n(b)  Anti-retaliation enforcement.  Section 23(h)(1)(A) of the Commodity Exchange Act (7 U.S.C. 26(h)(1)), including the rules in this part promulgated thereunder, shall be enforceable in an action or proceeding brought by the Commission including where retaliation is in response to a whistleblower providing information to the Commission after reporting the information through internal whistleblower, legal or compliance procedures.\n\n(c)  Protections apply regardless of non-qualification.  The anti-retaliation protections apply whether or not the whistleblower satisfies the requirements, procedures, and conditions to qualify for an award."], ["17:17:2.0.1.1.28.0.1.3", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.3 Procedures for submitting original information.", "CFTC", "", "", "[76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24497, May 30, 2017; 89 FR 71820, Sept. 4, 2024]", "(a) A whistleblower will need to submit the whistleblower's information to the Commission. A whistleblower may submit the whistleblower's information:\n\n(1) By completing and submitting a Form TCR online and submitting it electronically through the Commission's Web site at  http://www.cftc.gov,  or the Commission's Whistleblower Program Web site at  www.whistleblower.gov;  or\n\n(2) By completing the Form TCR and mailing or faxing the form to the Whistleblower Office at the Commission's Washington, DC headquarters.\n\n(b) Further, to be eligible for an award, the whistleblower must declare under penalty of perjury at the time the whistleblower submits the whistleblower's information pursuant to paragraph (a)(1) or (2) of this section that the whistleblower's information is true and correct to the best of the whistleblower's knowledge and belief.\n\n(c) Notwithstanding paragraph (b) of this section, if the whistleblower submitted the whistleblower's original information to the Commission anonymously, then the whistleblower's identity must be disclosed to the Commission and verified in a form and manner acceptable to the Commission consistent with the procedure set forth in \u00a7 165.7(c) prior to Commission's payment of any award.\n\n(d) If the whistleblower submitted original information in writing to the Commission after July 21, 2010 (the date of enactment of the Wall Street Transparency and Accountability Act of 2010) but before the effective date of these rules, the whistleblower will be eligible for an award only in the event that the whistleblower provided the original information to the Commission in a format or manner other than that described in paragraph (a) of this section, the whistleblower submits a completed Form TCR within 120 days of the effective date of these rules and otherwise follows the procedures set forth above in paragraphs (a) and (b) of this section."], ["17:17:2.0.1.1.28.0.1.4", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.4 Confidentiality.", "CFTC", "", "", "[76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24497, May 30, 2017]", "(a)  In general.  Section 23(h)(2) of the Commodity Exchange Act requires that the Commission not disclose information that could reasonably be expected to reveal the identity of a whistleblower, except that the Commission may disclose such information in the following circumstances, in accordance with the Privacy Act of 1974 (5 U.S.C. 552a):\n\n(1) When disclosure is required to a defendant or respondent in connection with a public proceeding that the Commission institutes or in another public proceeding that is filed by an authority to which the Commission provides the information, as described in paragraph (a)(2) of this section; or\n\n(2) When the Commission determines that it is necessary to accomplish the purposes of the Commodity Exchange Act and to protect customers, it may provide whistleblower information, without the loss of its status as confidential whistleblower information in the hands of the Commission, to: The Department of Justice; an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; a registered entity, registered futures association, or a self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); a State attorney general in connection with a criminal investigation; any appropriate State department or agency, acting within the scope of its jurisdiction; or a foreign futures authority; and, as set forth in section 23(h)(2)(C) of the Commodity Exchange Act, each such entity is required to maintain the information as confidential in accordance with the requirements of section 23(h)(2)(A) of the Commodity Exchange Act.\n\n(3) The Commission may make disclosures in accordance with the Privacy Act of 1974 (5 U.S.C. 552a).\n\n(b)  Anonymous whistleblowers.  A whistleblower may anonymously submit information to the Commission, however, the whistleblower must follow the procedures in \u00a7 165.3(c) for submitting original information anonymously. Such whistleblower who anonymously submits information to the Commission must also follow the procedures in \u00a7 165.7(c) in submitting to the Commission an application for a whistleblower award."], ["17:17:2.0.1.1.28.0.1.5", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.5 Requirements for consideration of an award.", "CFTC", "", "", "[82 FR 24498, May 30, 2017]", "(a) Subject to the eligibility requirements described in this part, the Commission will pay an award to one or more whistleblowers who:\n\n(1) Provide a voluntary submission to the Commission;\n\n(2) That contains original information; and\n\n(3) That leads to the successful resolution of a covered judicial or administrative action or successful enforcement of a Related Action or both; and\n\n(b) In order to be eligible, the whistleblower must:\n\n(1) Have voluntarily provided the Commission original information in the form and manner that the Commission requires in \u00a7 165.3;\n\n(2) Have submitted a claim in response to a Notice of Covered Action or a final judgment in a Related Action or both;\n\n(3) Provide the Commission, upon its staff's request, certain additional information, including:\n\n(i) Explanations and other assistance, in the manner and form that staff may request, in order that the staff may evaluate the use of the information submitted related to the whistleblower's application for an award;\n\n(ii) All additional information in the whistleblower's possession that is related to the subject matter of the whistleblower's submission related to the whistleblower's application for an award; and\n\n(iii) Testimony or other evidence acceptable to the staff relating to the whistleblower's eligibility for an award; and\n\n(4) If requested by the Whistleblower Office, enter into a confidentiality agreement in a form acceptable to the Whistleblower Office, including a provision that a violation of the confidentiality agreement may lead to the whistleblower's ineligibility to receive an award.\n\n(c) The Commission may, in its sole discretion, waive any procedural requirements based upon a showing of extraordinary circumstances."], ["17:17:2.0.1.1.28.0.1.6", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.6 Whistleblowers ineligible for an award.", "CFTC", "", "", "[76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24498, May 30, 2017]", "(a) No award under \u00a7 165.7 shall be made:\n\n(1) To any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Commission, a member, officer, or employee of: the Commission; the Board of Governors of the Federal Reserve System; the Office of the Comptroller of the Currency; the Board of Directors of the Federal Deposit Insurance Corporation; the Director of the Office of Thrift Supervision; the National Credit Union Administration Board; the Securities and Exchange Commission; the Department of Justice; a registered entity; a registered futures association; a self-regulatory organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); or a law enforcement organization;\n\n(2) To any whistleblower who is convicted of a criminal violation related to the judicial or administrative action for which the whistleblower otherwise could receive an award under \u00a7 165.7;\n\n(3) To any whistleblower who submits information to the Commission that is based on the facts underlying the covered judicial or administrative action submitted previously by another whistleblower;\n\n(4) To any whistleblower who acquired the information the whistleblower gave the Commission from any of the individuals described in paragraphs (a)(1), (2), (3) or (6) of this section;\n\n(5) To any whistleblower who, in the whistleblower's submission, the whistleblower's other dealings with the Commission, or the whistleblower's dealings with another authority in connection with a related action, knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or uses any false writing or document, knowing that it contains any false, fictitious, or fraudulent statement or entry, or omitted any material fact, where, in the absence of such fact, other statements or representations made by the whistleblower would be misleading;\n\n(6) To any whistleblower who acquired the original information reported to the Commission as a result of the whistleblower's role as a member, officer or employee of either a foreign regulatory authority or law enforcement organization;\n\n(7) To any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Commission, a member, officer, or employee of a foreign regulatory authority or law enforcement organization; or\n\n(8) To any whistleblower who acquired the original information the whistleblower gave the Commission from any other person with the intent to evade any provision of these rules.\n\n(b) Notwithstanding a whistleblower's ineligibility for an award for any reason set forth in paragraph (a) of this section, the whistleblower will remain eligible for the anti-retaliation protections set forth in Section 23(h)(1) of the Commodity Exchange Act."], ["17:17:2.0.1.1.28.0.1.7", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.7 Procedures for award applications in Commission actions and related actions, and Commission award determinations.", "CFTC", "", "", "[76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24498, May 30, 2017; 89 FR 71820, Sept. 4, 2024]", "(a) Whenever a Commission judicial or administrative action results in monetary sanctions totaling more than $1,000,000 ( i.e.,  a covered judicial or administrative action) the Commission will publish on the Commission's Web site a \u201cNotice of Covered Action.\u201d Such Notice of Covered Action will be published subsequent to the entry of a final judgment or order that alone, or collectively with other judgments or orders previously entered in the Commission covered administrative or judicial action, exceeds $1,000,000 in monetary sanctions. The Commission will not contact whistleblower claimants directly as to Notices of Covered Actions; prospective claimants should monitor the Commission Web site for such Notices. A whistleblower claimant will have 90 days from the date of the Notice of Covered Action to file a claim for an award based on that action, or the claim will be barred.\n\n(b)(1) To file a claim for a whistleblower award, the whistleblower must file Form WB-APP, Application for Award for Original Information Provided Pursuant to Section 23 of the Commodity Exchange Act. The whistleblower must sign this form as the claimant and submit it by mail or fax to the Whistleblower Office at the Commission's Washington, DC headquarters, Fax (202) 418-5975, or by completing and submitting the Form WB-APP online and submitting it electronically through the Commission's Web site at  https://www.cftc.gov  or the Commission's Whistleblower Program Web site at  https://www.whistleblower.gov.\n\n(2) The Form WB-APP, including any attachments, must be received by the Commission within 90 calendar days of the date of the Notice of Covered Action or 90 calendar days following the date of a final judgment in a Related Action (or if the final judgment in a Related Action was issued prior to the action meeting the definition of Related Action, within 90 calendar days following the date the action satisfied the definition of Related Action, except in the circumstances described in paragraph (b)(3)(ii) of this section). One Form WB-APP may be filed in response to both a Notice of Covered Action and final judgment in a Related Action if the relevant time periods are applicable.\n\n(3) If a covered judicial or administrative action and Related Action have different final judgment dates or if there is no covered judicial or administrative action connected to a Related Action, a claimant, who wishes to file a claim for an award in both a covered judicial or administrative action and a Related Action, or in a Related Action that does not have a connected covered judicial or administrative action, must follow one of the following procedures depending on that claimant's particular situation.\n\n(i) If a final judgment imposing monetary sanctions in a Related Action has not been entered at the time the claimant submits a claim for an award in connection with a covered judicial or administrative action, the claimant must submit the claim for the Related Action on Form WB-APP within ninety (90) calendar days following the date of issuance of a final judgment in the Related Action.\n\n(ii) If a final judgment in a Related Action has been entered and a Notice of Covered Action for a related covered judicial or administrative action has not been published, a claimant for an award in both the covered judicial or administrative action and Related Action may submit the claims for both the Related Action and the covered judicial or administrative action within ninety (90) days of the date of the Notice of Covered Action. The claims may be submitted on the same Form WB-APP.\n\n(iii) If there is a final judgment in a Related Action that relates to a judicial or administrative action brought by the Commission under the Commodity Exchange Act that is not a covered judicial or administrative action, and therefore there is no Notice of Covered Action, a claimant for an award in connection with the Related Action must submit the claim in connection with the Related Action on Form WB-APP within ninety (90) calendar days following either:\n\n(A) The date of issuance of a final judgment in the Related Action, if that date is after the date of issuance of the final judgment in the related Commission judicial or administrative action; or\n\n(B) The date of issuance of the final judgment in the related Commission judicial or administrative action,  i.e.,  the date the Related Action becomes a Related Action, if the date of issuance of the final judgment in the Related Action precedes the final judgment in the related Commission judicial or administrative action.\n\n(c) If the whistleblower provided the whistleblower's original information to the Commission anonymously pursuant to \u00a7\u00a7 165.3 and 165.4 and:\n\n(1) The whistleblower is making the whistleblower's claim for a whistleblower award on a disclosed basis, the whistleblower must disclose the whistleblower's identity on the Form WB-APP. The whistleblower's identity must be verified in a form and manner that is acceptable to the Commission prior to the payment of any award; or\n\n(2) The whistleblower is making the whistleblower's claim for a whistleblower award on an anonymous basis, the whistleblower must be represented by counsel. The whistleblower must provide the whistleblower's counsel with a completed Form WB-APP that is signed by the whistleblower by no later than the date upon which the whistleblower's counsel submits to the Commission a copy of the Form WB-APP that does not disclose the whistleblower's identity and is signed solely by the whistleblower's counsel. In addition, the whistleblower's counsel must retain the signed original of the whistleblower's Form WB-APP in counsel's records. Upon request of the Commission staff, whistleblower's counsel must produce to the Commission the whistleblower's signed original WB-APP and the whistleblower's identity must be verified in a form and manner that is acceptable to the Commission prior to the payment of any award.\n\n(d) A claimant may withdraw a Form WB-APP by submitting a written request to the Whistleblower Office at any time during the review process.\n\n(e)(1) The Whistleblower Office may issue a Proposed Final Disposition for award applications that do not relate to a Notice of Covered Action, a final judgment in a Related Action, or a previously filed Form TCR without presentation of the award claim to the staff designated by the Director of the Division of Enforcement under \u00a7 165.15(a)(2) (\u201cClaims Review Staff\u201d). In such instances, the Whistleblower Office will inform the award claimant in writing that the claim does not relate to a Notice of Covered Action, a final judgment in a Related Action, or a previously filed Form TCR and will be rejected unless the claimant provides additional information. The claimant will have 30 days from the date of the written notice to respond and to correct the identified deficiencies. If the claimant does not respond in 30 days or if the response does not include information showing that the WB-APP relates to a Notice of Covered Action, a final judgment in a Related Action, or a previously filed Form TCR the Whistleblower Office will issue a Proposed Final Disposition. The claimant's failure to submit a timely response to the written notice from the Whistleblower Office will constitute a failure to exhaust administrative remedies, and the claimant will be prohibited from pursuing an appeal under \u00a7 165.13.\n\n(2) The Whistleblower Office will notify the Claims Review Staff of any Proposed Final Disposition under this paragraph (e). Within thirty (30) calendar days thereafter, any member of the Claims Review Staff may request that the Proposed Final Disposition be reviewed by the Claims Review Staff. If no member of the Claims Review Staff requests such a review within the 30-day period, then the Proposed Final Disposition will become the Final Order of the Commission. In the event that a member of the Claims Review Staff requests a review, the Claims Review Staff will review the record that the Whistleblower Office relied upon in making its determination and either remand to the Whistleblower Office for further action or issue a Final Order of the Commission, which could consist of the Proposed Final Disposition.\n\n(f)(1) In connection with each individual covered judicial or administrative action or final judgment in a Related Action, for which an award application is submitted, once the time for filing any appeals of the covered judicial or administrative action or the final judgment in the Related Action has expired (or, where an appeal is filed of the covered judicial or administrative action, or the final judgment in a Related Action, as applicable, and concluded), the Claims Review Staff designated under \u00a7 165.15(a)(2) will evaluate all timely whistleblower award claims submitted on Form WB-APP in response to a Notice of Covered Action, referenced in paragraph (a) of this section, or final judgment in a Related Action in accordance with the criteria set forth in this part.\n\n(2) The Whistleblower Office may require that the claimant provide additional information relating to the claimant's eligibility for an award or satisfaction of any of the conditions for an award, as set forth in \u00a7 165.5(b)(2). The Whistleblower Office may also request additional information from the claimant in connection with the claim for an award in a Related Action to demonstrate that the claimant directly (or through the Commission) voluntarily provided the governmental agency, regulatory authority or self-regulatory organization the original information that led to the Commission's successful covered action, and that the information provided by the claimant led to the successful enforcement of the Related Action. The Whistleblower Office may also, in its discretion, seek assistance and confirmation from the other agency in making this determination.\n\n(g)(1) Following Claims Review Staff evaluation, the Claims Review Staff will issue a Preliminary Determination setting forth a preliminary assessment as to whether the claim should be granted or denied and, if granted, setting forth the proposed award percentage amount. The Whistleblower Office will send a copy of the Preliminary Determination to the claimant.\n\n(2) The claimant may contest the Preliminary Determination made by the Claims Review Staff by submitting a written response to the Whistleblower Office setting forth the grounds for the claimant's objection to either the denial of an award or the proposed amount of an award. The response must be in the form and manner that the Whistleblower Office shall require. The claimant may also include documentation or other evidentiary support for the grounds advanced in the claimant's response. The claimant may also request a meeting with the Whistleblower Office within the timeframes provided in this paragraph (g), however such meetings are not required, and the Whistleblower Office may in its sole discretion deny the request.\n\n(i) Before determining whether to contest a Preliminary Determination, the claimant may, within thirty (30) days of the date of the Preliminary Determination, request that the Whistleblower Office make available for the claimant's review the materials from among those set forth in \u00a7 165.10 that formed the basis of the Claims Review Staff's Preliminary Determination.\n\n(ii) If the claimant decides to contest the Preliminary Determination, the claimant must submit the claimant's written response and supporting materials setting forth the grounds for the claimant's objection to either the denial of an award or the proposed amount of an award within sixty (60) calendar days of the date of the Preliminary Determination, or if a request to review materials used to make a Preliminary Determination is made pursuant to paragraph (g)(2)(i) of this section, then within sixty (60) calendar days of the Whistleblower Office making those materials available for the claimant's review. The claimant also may request a meeting with the Whistleblower Office within those same sixty (60) calendar days. However, such meetings are not required and the Whistleblower Office may in its sole discretion decline the request.\n\n(h) If the claimant fails to submit a timely response pursuant to paragraph (g) of this section, then the Preliminary Determination will become the Final Order of the Commission (except where the Preliminary Determination recommended an award, in which case the Preliminary Determination will be deemed a Proposed Final Determination for purposes of paragraph (j) of this section). The claimant's failure to submit a timely response contesting a Preliminary Determination will constitute a failure to exhaust administrative remedies, and the claimant will be prohibited from pursuing an appeal under \u00a7 165.13.\n\n(i) If the claimant submits a timely response under paragraph (g) of this section, then the Claims Review Staff will consider the issues and grounds advanced in the claimant's response, along with any supporting documentation the claimant provided, and will make its Proposed Final Determination.\n\n(j) The Whistleblower Office will notify the Commission of each Proposed Final Determination. Within thirty (30) calendar days thereafter, any Commissioner may request that the Proposed Final Determination be reviewed by the Commission. If no Commissioner requests such a review within the 30-day period, then the Proposed Final Determination will become the Final Order of the Commission. In the event a Commissioner requests a review, the Commission will review the record that the staff relied upon in making its determinations, including the claimant's submissions to the Whistleblower Office, and issue its Final Order.\n\n(k) A Preliminary Determination, Proposed Final Disposition, or a Proposed Final Determination may be issued only after a review for legal sufficiency by the Office of the General Counsel.\n\n(l) The Office of the Secretariat will serve the claimant with the Final Order of the Commission."], ["17:17:2.0.1.1.28.0.1.8", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.8 Amount of award.", "CFTC", "", "", "", "If all of the conditions are met for a whistleblower award in connection with a covered judicial or administrative action or a related action, the Commission will then decide the amount of the award pursuant to the procedure set forth in \u00a7 165.7.\n\n(a) Whistleblower awards shall be in an aggregate amount equal to\u2014\n\n(1) Not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed in the covered judicial or administrative action or related actions; and\n\n(2) Not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the covered judicial or administrative action or related actions.\n\n(b) If the Commission makes awards to more than one whistleblower in connection with the same action or related action, the Commission will determine an individual percentage award for each whistleblower, but in no event will the total amount awarded to all whistleblowers as a group be less than 10 percent or greater than 30 percent of the amount the Commission or the other authorities collect."], ["17:17:2.0.1.1.28.0.1.9", 17, "Commodity and Securities Exchanges", "I", "", "165", "PART 165\u2014WHISTLEBLOWER RULES", "", "", "", "\u00a7 165.9 Criteria for determining amount of award.", "CFTC", "", "", "[76 FR 53200, Aug. 25, 2011, as amended at 82 FR 24500, May 30, 2017]", "The determination of the amount of an award shall be in the discretion of the Commission. This discretion shall be exercised as prescribed by \u00a7 165.7.\n\n(a) In determining the amount of an award, the Commission shall take into consideration\u2014\n\n(1) The significance of the information provided by the whistleblower to the success of the covered judicial or administrative action or related action;\n\n(2) The degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administrative action or related action;\n\n(3) The programmatic interest of the Commission in deterring violations of the Commodity Exchange Act by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws;\n\n(4) Whether the award otherwise enhances the Commission's ability to enforce the Commodity Exchange Act, protect customers, and encourage the submission of high quality information from whistleblowers; and\n\n(5) Potential adverse incentives from oversize awards.\n\n(b)  Factors that may increase the amount of a whistleblower's award.  In determining whether to increase the amount of an award, the Commission will consider the following factors, which are not listed in order of importance.\n\n(1)  Significance of the information provided by the whistleblower.  The Commission will assess the significance of the information provided by a whistleblower to the success of the Commission action or related action. In considering this factor, the Commission may take into account, among other things:\n\n(i) The nature of the information provided by the whistleblower and how it related to the successful enforcement action, including whether the reliability and completeness of the information provided to the Commission by the whistleblower resulted in the conservation of Commission resources; and\n\n(ii) The degree to which the information provided by the whistleblower supported one or more successful claims brought in the Commission action or related action.\n\n(2)  Assistance provided by the whistleblower.  The Commission will assess the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the Commission action or related action. In considering this factor, the Commission may take into account, among other things:\n\n(i) Whether the whistleblower provided ongoing, extensive, and timely cooperation and assistance by, for example, helping to explain complex transactions, interpreting key evidence, or identifying new and productive lines of inquiry;\n\n(ii) The timeliness of the whistleblower's initial report to the Commission or to an internal compliance or reporting system of business organizations committing, or impacted by, the violations of the Commodity Exchange Act, where appropriate;\n\n(iii) The resources conserved as a result of the whistleblower's assistance;\n\n(iv) Whether the whistleblower appropriately encouraged or authorized others to assist the staff of the Commission who might otherwise not have participated in the investigation or related action;\n\n(v) The efforts undertaken by the whistleblower to remediate the harm caused by the violations of the Commodity Exchange Act, including assisting the authorities in the recovery of the fruits and instrumentalities of the violations; and\n\n(vi) Any unique hardships experienced by the whistleblower as a result of his or her reporting and assisting in the enforcement action.\n\n(3)  Law enforcement interest.  The Commission will assess its programmatic interest in deterring violations of the Commodity Exchange Act by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws. In considering this factor, the Commission may take into account, among other things:\n\n(i) The degree to which an award enhances the Commission's ability to enforce the commodity laws;\n\n(ii) The degree to which an award encourages the submission of high quality information from whistleblowers by appropriately rewarding whistleblower submissions of significant information and assistance, even in cases where the monetary sanctions available for collection are limited or potential monetary sanctions were reduced or eliminated by the Commission because an entity self-reported a commodities violation following the whistleblower's related internal disclosure, report, or submission;\n\n(iii) Whether the subject matter of the action is a Commission priority, whether the reported misconduct involves regulated entities or fiduciaries, whether the whistleblower exposed an industry-wide practice, the type and severity of the commodity violations, the age and duration of misconduct, the number of violations, and the isolated, repetitive, or ongoing nature of the violations;\n\n(iv) The dangers to market participants or others presented by the underlying violations involved in the enforcement action, including the amount of harm or potential harm caused by the underlying violations, the type of harm resulting from or threatened by the underlying violations, and the number of individuals or entities harmed; and\n\n(v) The degree, reliability and effectiveness of the whistleblower's assistance, including the consideration of the whistleblower's complete, timely truthful assistance to the Commission and criminal authorities.\n\n(4)  Participation in internal compliance systems.  The Commission will assess whether, and the extent to which, the whistleblower and any legal representative of the whistleblower participated in internal compliance systems. In considering this factor, the Commission may take into account, among other things:\n\n(i) Whether, and the extent to which, a whistleblower reported the possible Commodity Exchange Act violations through internal whistleblower, legal or compliance procedures before, or at the same time as, reporting them to the Commission; and\n\n(ii) Whether, and the extent to which, a whistleblower assisted any internal investigation or inquiry concerning the reported Commodity Exchange Act violations.\n\n(c)  Factors that may decrease the amount of a whistleblower's award.  In determining whether to decrease the amount of an award, the Commission will consider the following factors, which are not listed in order of importance.\n\n(1)  Culpability.  The Commission will assess the culpability or involvement of the whistleblower in matters associated with the Commission's action or related actions. In considering this factor, the Commission may take into account, among other things:\n\n(i) The whistleblower's role in the Commodity Exchange Act violations;\n\n(ii) The whistleblower's education, training, experience, and position of responsibility at the time the violations occurred;\n\n(iii) Whether the whistleblower acted with scienter, both generally and in relation to others who participated in the violations;\n\n(iv) Whether the whistleblower financially benefitted from the violations;\n\n(v) Whether the whistleblower is a recidivist;\n\n(vi) The egregiousness of any wrongdoing committed by the whistleblower; and\n\n(vii) Whether the whistleblower knowingly interfered with the Commission's investigation of the violations or related enforcement actions.\n\n(2)  Unreasonable reporting delay.  The Commission will assess whether the whistleblower unreasonably delayed reporting the Commodity Exchange Act violations. In considering this factor, the Commission may take into account, among other things:\n\n(i) Whether the whistleblower was aware of the relevant facts but failed to take reasonable steps to report or prevent the violations from occurring or continuing;\n\n(ii) Whether the whistleblower was aware of the relevant facts but only reported them after learning about a related inquiry, investigation, or enforcement action; and\n\n(iii) Whether there was a legitimate reason for the whistleblower to delay reporting the violations.\n\n(3)  Interference with internal compliance and reporting systems.  The Commission will assess, in cases where the whistleblower interacted with his or her entity's internal compliance or reporting system, whether the whistleblower undermined the integrity of such system. In considering this factor, the Commission will take into account whether there is evidence provided to the Commission that the whistleblower knowingly:\n\n(i) Interfered with an entity's established legal, compliance, or audit procedures to prevent or delay detection of the reported Commodity Exchange Act violation;\n\n(ii) Made any material false, fictitious, or fraudulent statements or representations that hindered an entity's efforts to detect, investigate, or remediate the reported Commodity Exchange Act violations; or\n\n(iii) Provided any false writing or document knowing the writing or document contained any false, fictitious or fraudulent statements or entries that hindered an entity's efforts to detect, investigate, or remediate the reported Commodity Exchange Act violations.\n\n(d) The Commission shall not take into consideration the balance of the Fund in determining the amount of an award."], ["21:21:2.0.1.1.40.1.1.1", 21, "Food and Drugs", "I", "B", "165", "PART 165\u2014BEVERAGES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 165.3 Definitions.", "FDA", "", "", "", "(a) A  lot  is:\n\n(1) For purposes of determining quality factors related to manufacture, processing, or packing, a collection of primary containers or units of the same size, type, and style produced under conditions as nearly uniform as possible and usually designated by a common container code or marking, or in the absence of any common container code or marking, a day's production.\n\n(2) For purposes of determining quality factors related to distribution and storage, a collection of primary containers or units transported, stored, or held under conditions as nearly uniform as possible.\n\n(b) A  sample  consists of 10 subsamples (consumer units), one taken from each of 10 different randomly chosen shipping cases to be representative of a given lot, unless otherwise specified in a specific standard in this part.\n\n(c) An  analytical unit  is the portion(s) of food taken from a subsample of a sample for the purpose of analysis."], ["21:21:2.0.1.1.40.2.1.1", 21, "Food and Drugs", "I", "B", "165", "PART 165\u2014BEVERAGES", "B", "Subpart B\u2014Requirements for Specific Standardized Beverages", "", "\u00a7 165.110 Bottled water.", "FDA", "", "", "[60 FR 57124, Nov. 13, 1995]", "(a)  Identity \u2014(1)  Description.  Bottled water is water that is intended for human consumption and that is sealed in bottles or other containers with no added ingredients except that it may optionally contain safe and suitable antimicrobial agents. Fluoride may be optionally added within the limitations established in \u00a7 165.110(b)(4)(ii). Bottled water may be used as an ingredient in beverages (e.g., diluted juices, flavored bottled waters). It does not include those food ingredients that are declared in ingredient labeling as \u201cwater,\u201d \u201ccarbonated water,\u201d \u201cdisinfected water,\u201d \u201cfiltered water,\u201d \u201cseltzer water,\u201d \u201csoda water,\u201d \u201csparkling water,\u201d and \u201ctonic water.\u201d The processing and bottling of bottled water shall comply with applicable regulations in part 129 of this chapter.\n\n(2)  Nomenclature.  The name of the food is \u201cbottled water,\u201d \u201cdrinking water,\u201d or alternatively one or more of the following terms as appropriate:\n\n(i) The name of water from a well tapping a confined aquifer in which the water level stands at some height above the top of the aquifer is \u201cartesian water\u201d or \u201cartesian well water.\u201d Artesian water may be collected with the assistance of external force to enhance the natural underground pressure. On request, plants shall demonstrate to appropriate regulatory officials that the water level stands at some height above the top of the aquifer.\n\n(ii) The name of water from a subsurface saturated zone that is under a pressure equal to or greater than atmospheric pressure is \u201cground water.\u201d Ground water must not be under the direct influence of surface water as defined in 40 CFR 141.2.\n\n(iii) The name of water containing not less than 250 parts per million (ppm) total dissolved solids (TDS), coming from a source tapped at one or more bore holes or springs, originating from a geologically and physically protected underground water source, may be \u201cmineral water.\u201d Mineral water shall be distinguished from other types of water by its constant level and relative proportions of minerals and trace elements at the point of emergence from the source, due account being taken of the cycles of natural fluctuations. No minerals may be added to this water.\n\n(iv) The name of water that has been produced by distillation, deionization, reverse osmosis, or other suitable processes and that meets the definition of \u201cpurified water\u201d in the United States Pharmacopeia, 23d Revision, January 1, 1995, which is incorporated by reference in accordance with 5 U.S.C. 551(a) and 1 CFR part 51. (Copies may be obtained from the United States Pharmacopial Convention, Inc., 12601 Twinbrook Pkwy., Rockville, MD 20852 and may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. ), may be \u201cpurified water\u201d or \u201cdemineralized water.\u201d Alternatively, the water may be called \u201cdeionized water\u201d if the water has been processed by deionization, \u201cdistilled water\u201d if it is produced by distillation, \u201creverse osmosis water\u201d if the water has been processed by reverse osmosis, and \u201c______ drinking water\u201d with the blank being filled in with one of the defined terms describing the water in this paragraph (e.g., \u201cpurified drinking water\u201d or \u201cdeionized drinking water\u201d).\n\n(v) The name of water that, after treatment and possible replacement of carbon dioxide, contains the same amount of carbon dioxide from the source that it had at emergence from the source may be \u201csparkling bottled water.\u201d\n\n(vi) The name of water derived from an underground formation from which water flows naturally to the surface of the earth may be \u201cspring water.\u201d Spring water shall be collected only at the spring or through a bore hole tapping the underground formation feeding the spring. There shall be a natural force causing the water to flow to the surface through a natural orifice. The location of the spring shall be identified. Spring water collected with the use of an external force shall be from the same underground stratum as the spring, as shown by a measurable hydraulic connection using a hydrogeologically valid method between the bore hole and the natural spring, and shall have all the physical properties, before treatment, and be of the same composition and quality, as the water that flows naturally to the surface of the earth. If spring water is collected with the use of an external force, water must continue to flow naturally to the surface of the earth through the spring's natural orifice. Plants shall demonstrate, on request, to appropriate regulatory officials, using a hydrogeologically valid method, that an appropriate hydraulic connection exists between the natural orifice of the spring and the bore hole.\n\n(vii) The name of water that meets the requirements under \u201cSterility Tests\u201d <71>in the United States Pharmacopeia, 23d Revision, January 1, 1995, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 51. (Copies may be obtained from the United States Pharmacopeial Convention, Inc., 12601 Twinbrook Pkwy., Rockville, MD 20852 and may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. ), may be \u201csterile water.\u201d Alternatively, the water may be called \u201csterilized water.\u201d\n\n(viii) The name of water from a hole bored, drilled, or otherwise constructed in the ground which taps the water of an aquifer may be \u201cwell water.\u201d\n\n(3)  Other label statements.  (i) If the TDS content of mineral water is below 500 ppm, or if it is greater than 1,500 ppm, the statement \u201clow mineral content\u201d or the statement \u201chigh mineral content\u201d, respectively, shall appear on the principal display panel following the statement of identity in type size at least one-half the size of the statement of identity but in no case of less than one-sixteenth of an inch. If the TDS of mineral water is between 500 and 1,500 ppm, no additional statement need appear.\n\n(ii) When bottled water comes from a community water system, as defined in 40 CFR 141.2, except when it has been treated to meet the definitions in paragraphs (a)(2)(iv) and (a)(2)(vii) of this section and is labeled as such, the label shall state \u201cfrom a community water system\u201d or, alternatively, \u201cfrom a municipal source\u201d as appropriate, on the principal display panel or panels. This statement shall immediately and conspicuously precede or follow the name of the food without intervening written, printed, or graphic matter, other than statements required by paragraph (c) of this section, in type size at least one-half the size of the statement of identity but in no case of less than one-sixteenth of an inch.\n\n(iii) When the label or labeling of a bottled water product states or implies (e.g., through label statements or vignettes with references to infants) that the bottled water is for use in feeding infants, and the product is not commercially sterile under \u00a7 113.3(e)(3)(i) of this chapter, the product's label shall bear conspicuously and on the principal display panel the statement \u201cNot sterile. Use as directed by physician or by labeling directions for use of infant formula.\u201d\n\n(4)  Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.\n\n(b)  Quality.  The standard of quality for bottled water, including water for use as an ingredient in beverages (except those described in the labeling as \u201cwater,\u201d \u201ccarbonated water,\u201d \u201cdisinfected water,\u201d \u201cfiltered water,\u201d \u201cseltzer water,\u201d \u201csoda water,\u201d \u201csparkling water,\u201d and \u201ctonic water\u201d), is as follows:\n\n(1)  Definitions.  (i)  Trihalomethane  (THM) means one of the family of organic compounds, named as derivatives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.\n\n(ii)  Total trihalomethanes (TTHM)  means the sum of the concentration in milligrams per liter of the trihalomethane compounds (trichloromethane, dibromochloromethane, bromodichloromethane, and tribromomethane), rounded to two significant figures.\n\n(iii)  Haloacetic acids  (five) (HAA5) means the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two significant figures after addition.\n\n(2)  Microbiological quality.  (i) Bottled water shall, when a sample consisting of analytical units of equal volume is examined by the methods described in paragraph (b)(2)(ii) of this section, meet the following standards of microbiological quality:\n\n(A)  Total coliform \u2014( 1 )  Multiple-tube fermentation (MTF) method.  Not more than one of the analytical units in the sample shall have a most probable number (MPN) of 2.2 or more coliform organisms per 100 milliliters and no analytical unit shall have an MPN of 9.2 or more coliform organisms per 100 milliliters; or\n\n( 2 )  Membrane filter (MF) method.  Not more than one of the analytical units in the sample shall have 4.0 or more coliform organisms per 100 milliliters and the arithmetic mean of the coliform density of the sample shall not exceed one coliform organism per 100 milliliters.\n\n(B)  E. coli.  If  E. coli  is present, then the bottled water will be deemed adulterated under paragraph (d) of this section.\n\n(ii) Analyses conducted to determine compliance with paragraphs (b)(2)(i)(A) and (b)(2)(i)(B) of this section and \u00a7 129.35(a)(3)(i) of this chapter shall be made in accordance with the multiple-tube fermentation (MTF) or the membrane filter (MF) methods described in the applicable sections of \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 21st Ed. (2005), American Public Health Association. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the American Public Health Association, 800 I St. NW., Washington, DC 20001, 202-777-2742 (APHA). You may inspect a copy at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(3)  Physical quality.  Bottled water shall, when a composite of analytical units of equal volume from a sample is examined by the method described in applicable sections of \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 15th Ed. (1980), American Public Health Association, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 (copies may be obtained from the American Public Health Association, 800 I St. NW., Washington, DC 20001, 202-777-2742 (APHA), or a copy may be examined at the National Archives and Records Administration (NARA), or at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, for information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html ), meet the following standards of physical quality:\n\n(i) The turbidity shall not exceed 5 units.\n\n(ii) The color shall not exceed 15 units. \n 1\n\n1  Mineral water is exempt from allowable level. The exemptions are aesthetically based allowable levels and do not relate to a health concern.\n\n(iii) The odor shall not exceed threshold odor No. 3. \n 1\n\n(4)  Chemical quality.  (i)(A) Bottled water shall, when a composite of analytical units of equal volume from a sample is examined by the methods described in paragraph (b)(4)(i)(B) of this section, meet standards of chemical quality and shall not contain chemical substances in excess of the following concentrations:\n\n1  Mineral water is exempt from allowable level. The exemptions are aesthetically based allowable levels and do not relate to a health concern.\n\n(B) Analyses conducted to determine compliance with paragraph (b)(4)(i)(A) of this section shall be made in accordance with the methods described in the applicable sections of \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 15th Ed. (1980), or \u201cMethods for Chemical Analysis of Water and Wastes,\u201d Environmental Monitoring and Support Laboratory (EMSL), EPA-600/4-79-020, March 1983, U.S. Environmental Protection Agency (EPA), both of which are incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.\n\n(C) Analyses for organic substances shall be determined by the appropriate methods set forth below. The methods in paragraphs (b)(4)(i) (C)( 1 ) and (C)( 2 ) of this section are incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 and are described in \u201cStandard Methods for Examination of Water and Wastewater,\u201d 15th Ed. (1980). Copies may be obtained from the American Public Health Association, 800 I St. NW., Washington DC 20001, and examined at the National Archives and Records Administration (NARA) , or the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039. For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  The methods in paragraphs (b)(4)(i)(C)( 3 ) and (C)( 4 ) are cross-referenced in 40 CFR part 141, subpart C, appendix C.\n\n( 1 ) \u201cMethods for Organochlorine Pesticides in Industrial Effluents;\u201d\n\n( 2 ) \u201cMethods for Chlorinated Phenoxy Acid Herbicides in Industrial Effluents,\u201d November 28, 1973;\n\n( 3 ) \u201cPart I: The Analysis of Trihalomethanes in Finished Waters by the Purge and Trap Method;\u201d which is cross-referenced in 40 CFR part 141, subpart C, appendix C;\n\n( 4 ) \u201cPart II: The Analysis of Trihalomethanes in Drinking Water by Liquid/Liquid Extraction,\u201d which is cross-referenced in 40 CFR part 141, subpart C, appendix C;\n\n(ii)(A) Bottled water packaged in the United States to which no fluoride is added shall not contain fluoride in excess of the levels in Table 1 and these levels shall be based on the annual average of maximum daily air temperatures at the location where the bottled water is sold at retail.\n\nTable 1\n\n(B) Imported bottled water to which no fluoride is added shall not contain fluoride in excess of 1.4 milligrams per liter.\n\n(C) Bottled water packaged in the United States to which fluoride is added must not contain fluoride in excess of 0.7 milligram per liter.\n\n(D) Imported bottled water to which fluoride is added must not contain fluoride in excess of 0.7 milligram per liter.\n\n(iii) Having consulted with EPA as required by section 410 of the Federal Food, Drug, and Cosmetic Act, the Food and Drug Administration has determined that bottled water, when a composite of analytical units of equal volume from a sample is examined by the methods listed in paragraphs (b)(4)(iii)(E) through (b)(4)(iii)(F), and (b)(4)(iii)(G) of this section, shall not contain the following chemical contaminants in excess of the concentrations specified in paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(D) of this section.\n\n(A) The allowable levels for inorganic substances are as follows:\n\n(B) The allowable levels for volatile organic chemicals (VOC's) are as follows:\n\n(C) The allowable levels for pesticides and other synthetic organic chemicals (SOC's) are as follows:\n\n(D) The allowable levels for certain chemicals for which EPA has established secondary maximum contaminant levels in its drinking water regulations (40 CFR part 143) are as follows:\n\n1  Mineral water is exempt from allowable level. The exemptions are aesthetically based allowable levels and do not relate to a health concern.\n\n(E) Analyses to determine compliance with the requirements of paragraph (b)(4)(iii)(A) of this section shall be conducted in accordance with an applicable method and applicable revisions to the methods listed in paragraphs (b)(4)(iii)(E)( 1 ) through (b)(4)(iii)(E)( 14 ) of this section and described, unless otherwise noted, in \u201cMethods for Chemical Analysis of Water and Wastes,\u201d U.S. EPA Environmental Monitoring and Support Laboratory (EMSL), Cincinnati, OH 45258 (EPA-600/4-79-020), March 1983, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this publication are available from the National Technical Information Service (NTIS), U.S. Department of Commerce, 5825 Port Royal Rd., Springfield, VA 22161, or may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n( 1 ) Antimony shall be measured using the following methods:\n\n( i ) Method 204.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( ii ) Method 200.8\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Mass Spectrometry,\u201d Rev. 4.4, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this publication are available from the National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161, or may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n( iii ) Method 200.9\u2014\u201cDetermination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption Spectrometry,\u201d Rev. 1.2, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( iv ) Method D-3697-92\u2014\u201cStandard Test Method for Antimony in Water,\u201d contained in the Annual Book of ASTM Standards, vols. 11.01 and 11.02, 1995, American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this publication are available from American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428, or may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n( 2 ) Barium shall be measured using the following methods:\n\n( i ) Method 208.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( ii ) Method 208.1\u2014\u201cAtomic Absorption; direct aspiration,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( iii ) Method 200.7\u2014\u201cDetermination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,\u201d Rev. 3.3, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 3 ) Beryllium shall be measured using the following methods:\n\n( i ) Method 210.2\u2014\u201cAtomic Absorption; Furnace Technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( ii ) Method 200.7\u2014\u201cDetermination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,\u201d Rev. 3.3, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( iii ) Method 200.8\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Mass Spectrometry,\u201d Rev. 4.4, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( iv ) Method 200.9\u2014\u201cDetermination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption Spectrometry,\u201d Rev. 1.2, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 4 ) Cadmium shall be measured using the following methods:\n\n( i ) Method 213.2\u2014\u201cAtomic Absorption; Furnace Technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( ii ) Method 200.7\u2014\u201cDetermination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,\u201d Rev. 3.3, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 5 ) Chromium shall be measured using the following methods:\n\n( i ) Method 218.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( ii ) Method 200.7\u2014\u201cDetermination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,\u201d Rev. 3.3, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 6 ) Copper shall be measured as total recoverable metal without filtration using the following methods:\n\n( i ) Method 220.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( ii ) Method 220.1\u2014\u201cAtomic Absorption; direct aspiration,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of these incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( iii ) Method 200.7\u2014\u201cDetermination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,\u201d Rev. 3.3, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( iv ) Method 200.8\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Mass Spectrometry,\u201d Rev. 4.4, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( v ) Method 200.9\u2014\u201cDetermination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption Spectrometry,\u201d Rev. 1.2, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 7 ) Cyanide shall be measured using the following methods:\n\n( i ) Method 335.1\u2014\u201cTitrimetric; Spectrophotometric\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( ii ) Method 335.2\u2014\u201cTitrimetric; Spectrophotometric\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( iii ) Method 335.3\u2014\u201cColorimetric, Automated UV,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of these incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( iv ) Method D-2036-91\u2014\u201cStandard Test Methods for Cyanides in Water,\u201d contained in the Annual Book of ASTM Standards, vols. 11.01 and 11.02, 1995, American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this publication are available from American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428, or may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n( 8 ) Lead shall be measured as total recoverable metal without filtration using the following methods:\n\n( i ) Method 239.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( ii ) Method 200.8\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Mass Spectrometry,\u201d Rev. 4.4, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( iii ) Method 200.9\u2014\u201cDetermination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption Spectrometry,\u201d Rev. 1.2, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 9 ) Mercury shall be measured using the following methods:\n\n( i ) Method 245.1\u2014\u201cManual cold vapor technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( ii ) Method 245.2\u2014\u201cAutomated cold vapor technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of these incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( 10 ) Nickel shall be measured using the following methods:\n\n( i ) Method 249.1\u2014\u201cAtomic Absorption; direct aspiration,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( ii ) Method 249.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of these incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( iii ) Method 200.7\u2014\u201cDetermination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,\u201d Rev. 3.3, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( iv ) Method 200.8\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Mass Spectrometry,\u201d Rev. 4.4, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( v ) Method 200.9\u2014\u201cDetermination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption Spectrometry,\u201d Rev. 1.2, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 11 ) Nitrate and/or nitrite shall be measured using the following methods:\n\n( i ) Method 300.0\u2014\u201cThe Determination of Inorganic Anions in Water by Ion Chromatography\u2014Method 300.0,\u201d EPA, EMSL (EPA-600/4-84-017), March 1984, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this publication are available from NTIS, U.S. Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161, or may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n( ii ) Method 353.1\u2014\u201cColorimetric, automated, hydrazine reduction,\u201d for nitrate only, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( iii ) Method 353.2\u2014\u201cColorimetric, automated, cadmium reduction,\u201d for both nitrate and nitrite, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( iv ) Method 353.3\u2014\u201cSpectrophotometric, cadmium reduction,\u201d for both nitrate and nitrite, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 12 ) Selenium shall be measured using the following methods:\n\n( i ) Method 270.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( ii ) Method 270.3\u2014\u201cAtomic Absorption; gaseous hydride,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( 13 ) Thallium shall be measured using the following methods:\n\n( i ) Method 279.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( ii ) Method 200.8\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Mass Spectrometry,\u201d Rev. 4.4, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( iii ) Method 200.9\u2014\u201cDetermination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption Spectrometry,\u201d Rev. 1.2, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 14 ) Arsenic shall be measured using the following methods:\n\n( i ) Method 200.8\u2014\u201cDetermination of Trace Elements in Waters and Wastes by Inductively Coupled Plasma-Mass Spectrometry,\u201d Revision 5.4, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Method 200.8 is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples\u2014Supplement 1,\u201d EPA/600/R-94/111, May 1994. Copies of this publication are available from the National Technical Information Service (NTIS), PB95-125472, U.S. Department of Commerce, 5825 Port Royal Rd., Springfield, VA 22161, or may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n( ii ) Method 200.9\u2014\u201cDetermination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption,\u201d Revision 2.2, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Method 200.9 is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples\u2014Supplement 1,\u201d EPA/600/R-94/111, May 1994. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 14 )( i ) of this section.\n\n(F) Analyses to determine compliance with the requirements of paragraphs (b)(4)(iii)(B) and (b)(4)(iii)(C) of this section shall be conducted in accordance with an applicable method or applicable revisions to the methods listed in paragraphs (b)(4)(iii)(F)( 1 ) through (b)(4)(iii)(F)( 22 ) of this section and described, unless otherwise noted, in \u201cMethods for the Determination of Organic Compounds in Drinking Water,\u201d Office of Research and Development, EMSL, EPA/600/4-88/039, December 1988, or in \u201cMethods for the Determination of Organic Compounds in Drinking Water, Supplement 1,\u201d Office of Research and Development, EMSL, EPA/600/4-90/020, July 1990, or in \u201cMethods for the Determination of Organic Compounds in Drinking Water, Supplement III,\u201d EPA National Exposure Research Laboratory, Office of Research and Development, EPA/600/R-95/131, August 1995, including Errata, November 27, 1995. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of these publications are available from National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161. You may inspect a copy at the Dockets Management Staff, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, 301-827-6860 or at the National Archives and Records Administration (NARA). Hearing-impaired or speech-impaired individuals may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339. For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal-register/cfr/ibr-locations.html.\n\n( 1 ) Method 502.1\u2014\u201cVolatile Halogenated Organic Compounds in Water by Purge and Trap Gas Chromatography,\u201d Rev. 2.0, 1989, (applicable to VOC's), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 2 ) Method 502.2\u2014\u201cVolatile Organic Compounds in Water by Purge and Trap Capillary Column Gas Chromatography with Photoionization and Electrolytic Conductivity Detectors in Series,\u201d Rev. 2.0, 1989, (applicable to VOC's), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 3 ) Method 503.1\u2014\u201cVolatile Aromatic and Unsaturated Organic Compounds in Water by Purge and Trap Gas Chromatography,\u201d Rev. 2.0, 1989, (applicable to VOC's), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 4 ) Method 524.1\u2014\u201cMeasurement of Purgeable Organic Compounds in Water by Packed Column Gas Chromatography/Mass Spectrometry,\u201d Rev. 3.0, 1989, (applicable to VOC's), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 5 ) Method 524.2\u2014\u201cMeasurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry,\u201d Rev. 3.0, 1989, (applicable to VOC's), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 6 ) Method 504\u2014\u201c1,2-Dibromoethane (EDB) and 1,2-Dibromo-3-Chloropropane (DBCP) in Water by Microextraction and Gas Chromatography,\u201d Rev. 2.0, 1989, (applicable to dibromochloropropane (DBCP) and ethylene dibromide (EDB)), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 7 ) Method 505\u2014\u201cAnalysis of Organohalide Pesticides and Commercial Polychlorinated Biphenyl (PCB) Products in Water by Microextraction and Gas Chromatography,\u201d Rev. 2.0, 1989, (applicable to alachlor, atrazine, chlordane, heptachlor, heptachlor epoxide, lindane, methoxychlor, toxaphene, endrin, hexachlorobenzene, hexachlorocyclopentadiene, simazine, and as a screen for PCB's), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 8 ) Method 506\u2014\u201cDetermination of Phthalate and Adipate Esters in Drinking Water by Liquid-Liquid Extraction or Liquid-Solid Extraction and Gas Chromatography with Photoionization Detection,\u201d applicable to di(2-ethylhexyl) adipate which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 9 ) Method 507\u2014\u201cDetermination of Nitrogen- and Phosphorus-Containing Pesticides in Water by Gas Chromatography with a Nitrogen-Phosphorus Detector,\u201d Rev. 2.0, 1989, (applicable to alachlor, atrazine, and simazine), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 10 ) Method 508\u2014\u201cDetermination of Chlorinated Pesticides in Water by Gas Chromatography with an Electron Capture Detector,\u201d Rev. 3.0, 1989, (applicable to chlordane, heptachlor, heptachlor epoxide, lindane, methoxychlor, toxaphene, endrin, hexachlorobenzene, and as a screen for PCB's), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 11 ) Method 508A\u2014\u201cScreening for Polychlorinated Biphenyls by Perchlorination and Gas Chromatography,\u201d Rev. 1.0, 1989, (used to quantitate PCB's as decachlorobiphenyl if detected in methods 505 or 508 in paragraph (b)(4)(iii)(F)( 7 ) or (b)(4)(iii)(F)( 9 ) of this section, respectively, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 12 ) Method 515.1\u2014\u201cDetermination of Chlorinated Acids in Water by Gas Chromatography with an Electron Capture Detector,\u201d Rev. 5.0, 1991, (applicable to 2,4-D, 2,4,5-TP (Silvex), pentachlorophenol, dalapon, dinoseb, and picloram), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 13 ) Method 525.1\u2014\u201cDetermination of Organic Compounds in Drinking Water by Liquid-Solid Extraction and Capillary Column Gas Chromatography/Mass Spectrometry,\u201d Rev. 2.2, May 1991, (applicable to alachlor, atrazine, chlordane, heptachlor, heptachlor epoxide, lindane, methoxychlor, pentachlorophenol, benzo(a)pyrene, di(2-ethylhexyl) adipate, endrin, hexachlorobenzene, hexachlorocyclopentadiene, and simazine), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 14 ) Method 531.1\u2014\u201cMeasurement of N-Methylcarbamoyloximes and N-Methylcarbamates in Water by Direct Aqueous Injection HPLC with Post Column Derivatization,\u201d Rev. 3.0, 1989, (applicable to carbofuran and oxamyl (vydate)), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 15 ) Method 547\u2014\u201cDetermination of Glyphosate in Drinking Water by Direct-Aqueous-Injection HPLC, Post-Column Derivatization, and Fluorescence Detection,\u201d (applicable to glyphosate), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 16 ) Method 548\u2014\u201cDetermination of Endothall in Drinking Water by Aqueous Derivatization, Liquid-Solid Extraction, and Gas Chromatography with Electron-Capture Detection,\u201d (applicable to endothall), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 17 ) Method 549\u2014\u201cDetermination of Diquat and Paraquat in Drinking Water by Liquid-Solid Extraction and HPLC with Ultraviolet Detection,\u201d (applicable to diquat), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 18 ) Method 550\u2014\u201cDetermination of Polycyclic Aromatic Hydrocarbons in Drinking Water by Liquid-Liquid Extraction and HPLC with Coupled Ultraviolet and Fluorescence Detection,\u201d (applicable to benzo(a)pyrene and other polynuclear aromatic hydrocarbons), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 19 ) Method 550.1\u2014\u201cDetermination of Polycyclic Aromatic Hydrocarbons in Drinking Water by Liquid-Solid Extraction and HPLC with Coupled Ultraviolet and Fluorescence Detection,\u201d (applicable to benzo(a)pyrene and other polynuclear aromatic hydrocarbons), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of these incorporation by reference is given in paragraph (b)(4)(iii)(F) of this section.\n\n( 20 ) Method 1613\u2014\u201cTetra- through Octa- Chlorinated Dioxins and Furans by Isotope Dilution HRGC/HRMS,\u201d Rev. A, 1990, EPA, Office of Water Regulations and Standards, Industrial Technology Division, (applicable to 2,3,7,8-TCDD (Dioxin)), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of this publication are available from USEPA-OST, Sample Control Center, P.O. Box 1407, Alexandria, VA 22313, or may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n( 21 ) Method 506, Rev. 1.1\u2014\u201cDetermination of phthalate and adipate esters in drinking water by liquid/liquid extraction or liquid/solid extraction and gas chromatography with photoionization detection,\u201d EPA/600/R-95/131, 1995, (applicable to di(2-ethylhexyl)phthalate), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( 22 ) Method 525.2, Rev. 2.0\u2014\u201cDetermination of organic compounds in drinking water by liquid-solid extraction and capillary column gas chromatography/mass spectrometry,\u201d EPA/600/R-95/131, 1995, (applicable to di(2-ethylhexyl)phthalate), which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.\n\n(G) Analyses to determine compliance with the requirements of paragraph (b)(4)(iii)(D) of this section shall be conducted in accordance with an applicable method and applicable revisions to the methods listed in paragraphs (b)(4)(iii)(G)( 1 ) through (b)(4)(iii)(G)( 3 ) of this section and described, unless otherwise noted, in \u201cMethods of Chemical Analysis of Water and Wastes,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( 1 ) Aluminum shall be measured using the following methods:\n\n( i ) Method 202.1\u2014\u201cAtomic Absorption; direct aspiration technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( ii ) Method 202.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E).\n\n( iii ) Method 200.7\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,\u201d Rev. 3.3, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( iv ) Method 200.8\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Mass Spectrometry,\u201d Rev. 4.4, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( v ) Method 200.9\u2014\u201cDetermination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption Spectrometry,\u201d Rev. 1.2, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 2 ) Silver shall be measured using the following methods:\n\n( i ) Method 272.1\u2014\u201cAtomic Absorption; direct aspiration technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( ii ) Method 272.2\u2014\u201cAtomic Absorption; furnace technique,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n( iii ) Method 200.7\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Atomic Emission Spectrometry,\u201d Rev. 3.3, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( iv ) Method 200.8\u2014\u201cDetermination of Trace Elements in Water and Wastes by Inductively Coupled Plasma-Mass Spectrometry,\u201d Rev. 4.4, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( v ) Method 200.9\u2014\u201cDetermination of Trace Elements by Stabilized Temperature Graphite Furnace Atomic Absorption Spectrometry,\u201d Rev. 1.2, April 1991, U.S. EPA, EMSL. The revision is contained in the manual entitled \u201cMethods for the Determination of Metals in Environmental Samples,\u201d Office of Research and Development, Washington, DC 20460, (EPA/600/4-91/010), June 1991, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of these incorporation by reference is given in paragraph (b)(4)(iii)(E)( 1 )( ii ) of this section.\n\n( 3 ) Sulfate shall be measured using the following methods:\n\n( i ) Method 300.0\u2014\u201cThe Determination of Inorganic Anions in Water by Ion Chromatography\u2014Method 300.0,\u201d EPA, EMSL (EPA-600/4-84-017), March 1984, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(E)( 11 )( i ) of this section.\n\n( ii ) Method 375.1\u2014\u201cColorimetric, Automated, Chloranilate,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( iii ) Method 375.3\u2014\u201cGravimetric,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, or\n\n( iv ) Method 375.4\u2014\u201cTurbidimetric,\u201d which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of these incorporation by reference is given in paragraph (b)(4)(iii)(E) of this section.\n\n(H) The allowable levels for residual disinfectants and disinfection byproducts are as follows:\n\n(I) Analysis to determine compliance with the requirements of paragraph (b)(4)(iii)(H) of this section shall be conducted in accordance with an applicable method listed in paragraphs (b)(4)(iii)(I)( 1 ) through (b)(4)(iii)(I)( 7 ) of this section and described in \u201cMethod 300.1, Determination of Inorganic Anions in Drinking Water by Ion Chromatography,\u201d Rev. 1.0, U.S. EPA, 1997, EPA/600/R-98/118; \u201cMethods for the Determination of Inorganic Substances in Environmental Samples,\u201d U.S. EPA, August 1993, EPA/600/R-93/100; \u201cMethods for the Determination of Organic Compounds in Drinking Water-Supplement II,\u201d U.S. EPA, August 1992, EPA/600/R-92/129; \u201cMethods for the Determination of Organic Compounds in Drinking Water-Supplement III,\u201d U.S. EPA, August 1995, EPA/600/R-95/131; \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., American Public Health Association, 1995; and \u201cAnnual Book of ASTM Standards,\u201d vol. 11.01, American Society for Testing and Materials, 1996, which are incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the following publications are available from the National Technical Information Service (NTIS): EPA/600/R-95/131 (NTIS number PB95-261616), EPA/600/R-92/129 (NTIS number PB92-207703), EPA/600/R-93/100 (NTIS number PB94-121811), and EPA/600/R-98/118 (NTIS number PB98-169196). NTIS can be contacted at NTIS, U.S. Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161, 1-800-553-6847 or 703-605-6000,  www.ntis.gov.  Copies of the publication EPA/600/R-98/118 are also available from the Chemical Exposure Research Branch, Microbiological and Chemical Exposure Assessment Research Division, National Exposure Research Laboratory, U.S. EPA, Cincinnati, OH 45268, 513-569-7757, (FAX) 513-569-7757. Copies of \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., are available from the American Public Health Association, 1015 15th Street, NW., Washington, DC 20005. All of the publications cited in paragraph (b)(4)(iii)(I) of this section may be examined at the National Archives and Records Administration (NARA), or at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039. For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  Copies of \u201cAnnual Book of ASTM Standards,\u201d 1996, vol. 11.01, are available from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohoken, PA 19428, or may be examined at the Office of the Federal Register. Copies of the methods incorporated by reference in paragraph (b)(4)(iii)(I) of this section may also be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039.\n\n( 1 ) Bromate shall be measured using the following method: Method 300.1\u2014\u201cDetermination of Inorganic Anions in Drinking Water by Ion Chromatography,\u201d Rev. 1.0, U.S. EPA, 1997, EPA/600/R-98/118, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( 2 ) Chlorite shall be measured using the following methods:\n\n( i ) Method 300.0\u2014\u201cDetermination of Inorganic Anions by Ion Chromatography,\u201d Rev. 2.1. The revision is contained in the manual entitled \u201cMethods for the Determination of Inorganic Substances in Environmental Samples,\u201d U.S. EPA, August 1993, EPA/600/R-93/100, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( ii ) Method 300.1\u2014\u201cDetermination of Inorganic Anions in Drinking Water by Ion Chromatography,\u201d Rev. 1.0, U.S. EPA, 1997, EPA/600/R-98/118, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( 3 ) HAA5 shall be measured using the following methods:\n\n( i ) Method 552.1\u2014\u201cDetermination of Haloacetic Acids and Dalapon in Drinking Water by Ion Exchange Liquid-Solid Extraction and Gas Chromatography with Electron Capture Detection,\u201d Rev. 1.0. The revision is contained in the manual entitled \u201cMethods for the Determination of Organic Compounds in Drinking Water-Supplement II,\u201d U.S. EPA, August 1992, EPA/600/R-92/129, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( ii ) Method 552.2\u2014\u201cDetermination of Haloacetic Acids and Dalapon in Drinking Water by Liquid-Liquid Extraction, Derivatization and Gas Chromatography with Electron Capture Detection,\u201d Rev. 1.0. The revision is contained in the manual entitled \u201cMethods for the Determination of Organic Compounds in Drinking Water-Supplement III,\u201d U.S. EPA, August 1993, EPA/600/R-95/131, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( iii ) Method 6251 B\u2014\u201cDisinfection By-Products: Haloacetic Acids and Trichlorophenol,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( 4 ) TTHM shall be measured using the following methods:\n\n( i ) Method 502.2\u2014\u201cVolatile Organic Compounds in Water by Purge and Trap Capillary Column Gas Chromatography with Photoionization and Electrolytic Conductivity Detectors in Series,\u201d Rev. 2.1. The revision is contained in the manual entitled \u201cMethods for the Determination of Organic Compounds in Drinking Water-Supplement III,\u201d U.S. EPA, August 1993, EPA/600/R-95/131, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( ii ) Method 524.2\u2014\u201cMeasurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry,\u201d Rev. 1.0. The revision is contained in the manual entitled \u201cMethods for the Determination of Organic Compounds in Drinking Water-Supplement III,\u201d U.S. EPA, August 1993, EPA/600/R-95/131, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( iii ) Method 551.1\u2014\u201cDetermination of Chlorination Disinfection Byproducts, Chlorinated Solvents, and Halogenated Pesticides/Herbicides in Drinking Water by Liquid-Liquid Extraction and Gas Chromatography with Electron-Capture Detection,\u201d Rev. 1.0. The revision is contained in the manual entitled \u201cMethods for the Determination of Organic Compounds in Drinking Water-Supplement III,\u201d U.S. EPA, August 1993, EPA/600/R-95/131, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( 5 ) Compliance with the chloramine standard can be determined by measuring combined or total chlorine. The following methods shall be used to measure chloramine:\n\n( i ) ASTM Method D1253-86\u2014\u201c Standard Test Method for Residual Chlorine in Water,\u201d which is contained in the book entitled \u201cAnnual Book of ASTM Standards,\u201d 1996, vol. 11.01, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( ii ) Method 4500-Cl D\u2014\u201cAmperometric Titration Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( iii ) Method 4500-Cl F\u2014\u201cDPD Ferrous Titrimetric Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( iv ) Method 4500-Cl G\u2014\u201cDPD Colorimetric Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( v ) Method 4500-Cl E\u2014\u201cLow-Level Amperometric Titration Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( vi ) Method 4500-Cl I\u2014\u201cIodometric Electrode Technique,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( 6 ) Compliance with the chlorine standard can be determined by measuring free or total chlorine. The following methods shall be used to measure chlorine:\n\n( i ) ASTM Method D1253-86\u2014\u201cStandard Test Method for Residual Chlorine in Water,\u201d which is contained in the book entitled \u201cAnnual Book of ASTM Standards,\u201d 1996, vol. 11.01, which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( ii ) Method 4500-Cl D\u2014\u201cAmperometric Titration Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( iii ) Method 4500-Cl F\u2014\u201cDPD Ferrous Titrimetric Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( iv ) Method 4500-Cl G\u2014\u201cDPD Colorimetric Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( v ) Method 4500-Cl E\u2014\u201cLow-Level Amperometric Titration Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( vi ) Method 4500-Cl I\u2014\u201cIodometric Electrode Technique,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( vii ) Method 4500-Cl H\u2014\u201cSyringaldazine (FACTS) Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( 7 ) Chlorine dioxide shall be measured using the following methods:\n\n( i ) Method 4500-ClO 2  D\u2014\u201cDPD Method,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n( ii ) Method 4500-ClO 2 E\u2014\u201cAmperometric Method II,\u201d which is contained in the book entitled \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 19th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in paragraph (b)(4)(iii)(I) of this section.\n\n(5)  Radiological quality.  (i) Bottled water shall, when a composite of analytical units of equal volume from a sample is examined by the methods described in paragraph (b)(5)(ii) of this section, meet standards of radiological quality as follows:\n\n(A) The bottled water shall not contain a combined radium-226 and radium-228 activity in excess of 5 picocuries per liter of water.\n\n(B) The bottled water shall not contain a gross alpha particle activity (including radium-226, but excluding radon and uranium) in excess of 15 picocuries per liter of water.\n\n(C) The bottled water shall not contain beta particle and photon radioactivity from manmade radionuclides in excess of that which would produce an annual dose equivalent to the total body or any internal organ of 4 millirems per year calculated on the basis of an intake of 2 liters of the water per day. If two or more beta or photon-emitting radionuclides are present, the sum of their annual dose equivalent to the total body or to any internal organ shall not exceed 4 millirems per year.\n\n(D) The bottled water shall not contain uranium in excess of 30 micrograms per liter of water.\n\n(ii) Analyses conducted to determine compliance with the requirements of paragraph (b)(5)(i) of this section shall be made in accordance with the methods described in the applicable sections of \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., may be obtained from the American Public Health Association, 1015 15th St. NW., Washington, DC 20005. Copies of the methods incorporated by reference in this paragraph (b)(5)(ii) may also be examined at the National Archives and Records Administration (NARA), or at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039. For information on the availability of this material at NARA, call 202-741-6030, or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(A) Combined radium-226/-228 shall be measured using the following methods:\n\n( 1 ) Method 7500-Ra B\u2014\u201cPrecipitation Method,\u201d which is contained in \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in the introductory text of paragraph (b)(5)(ii) of this section.\n\n( 2 ) Method 7500-Ra D\u2014\u201cSequential Precipitation Method,\u201d which is contained in \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in the introductory text of paragraph (b)(5)(ii) of this section.\n\n(B) Gross alpha particle radioactivity shall be measured using the following method: Method 7110 C\u2014\u201cCoprecipitation Method for Gross Alpha Radioactivity in Drinking Water,\u201d which is contained in \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in the introductory text of paragraph (b)(5)(ii) of this section.\n\n(C) Beta particle and photon radioactivity shall be measured using the following methods:\n\n( 1 ) Method 7500-Sr B\u2014\u201cPrecipitation Method,\u201d which is contained in \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in the introductory text of paragraph (b)(5)(ii) of this section.\n\n( 2 ) Method 7500-\n 3 H B\u2014\u201cLiquid Scintillation Spectrometric Method,\u201d which is contained in \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in the introductory text of paragraph (b)(5)(ii) of this section.\n\n( 3 ) Method 7120 B\u2014\u201cGamma Spectroscopic Method,\u201d which is contained in \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in the introductory text of paragraph (b)(5)(ii) of this section.\n\n(D) Uranium shall be measured using the following methods:\n\n( 1 ) Method 7500-U B\u2014\u201cRadiochemical Method\u201d which is contained in \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in the introductory text of paragraph (b)(5)(ii) of this section.\n\n( 2 ) Method 7500-U C\u2014\u201cIsotopic Method\u201d which is contained in \u201cStandard Methods for the Examination of Water and Wastewater,\u201d 20th Ed., which is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The availability of this incorporation by reference is given in the introductory text of paragraph (b)(5)(ii) of this section.\n\n(c)  Label statements.  When the microbiological, physical, chemical, or radiological quality of bottled water is below that prescribed by paragraphs (b)(2) through (b)(5), of this section, the label shall bear the statement of substandard quality specified in \u00a7 130.14(a) of this chapter except that, as appropriate, instead of or in addition to the statement specified in \u00a7 130.14(a) the following statement(s) shall be used:\n\n(1) \u201cContains Excessive Bacteria\u201d if the bottled water fails to meet the requirements of paragraph (b)(2)(i)(A) of this section.\n\n(2) \u201cExcessively Turbid\u201d, \u201cAbnormal Color\u201d, and/or \u201cAbnormal Odor\u201d if the bottled water fails to meet the requirements of paragraph (b)(3) (i), (ii), or (iii), respectively, of this section.\n\n(3) \u201cContains Excessive ______,\u201d with the blank filled in with the name of the chemical for which a maximum contaminant level in paragraph (b)(4) of this section is exceeded (e.g., \u201cContains Excessive Arsenic,\u201d \u201cContains Excessive Trihalomethanes\u201d) except that \u201cContains Excessive Chemical Substances\u201d may be used if the bottled water is not mineral water.\n\n(4) \u201cExcessively Radioactive\u201d if the bottled water fails to meet the requirements of paragraph (b)(5) of this section.\n\n(d)  Adulteration.  Bottled water containing a substance at a level considered injurious to health under section 402(a)(1) of the Federal Food, Drug, and Cosmetic Act (the act), or that consists in whole or in part of any filthy, putrid, or decomposed substance, or that is otherwise unfit for food under section 402(a)(3) of the act is deemed to be adulterated, regardless of whether or not the water bears a label statement of substandard quality prescribed by paragraph (c) of this section. If  E. coli  is present in bottled water, then the bottled water will be deemed adulterated under section 402(a)(3) of the act."], ["33:33:2.0.1.6.32.1.211.1", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "A", "Subpart A\u2014General", "", "\u00a7 165.1 Purpose of part.", "USCG", "", "", "", "The purpose of this part is to:\n\n(a) Prescribe procedures for establishing different types of limited or controlled access areas and regulated navigation areas;\n\n(b) Prescribe general regulations for different types of limited or controlled access areas and regulated navigation areas;\n\n(c) Prescribe specific requirements for established areas; and\n\n(d) List specific areas and their boundaries."], ["33:33:2.0.1.6.32.1.211.2", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "A", "Subpart A\u2014General", "", "\u00a7 165.3 Definitions.", "USCG", "", "", "[USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]", "The following definitions apply to this part:\n\nCredential  means any or all of the following:\n\n(1) Merchant mariner's document.\n\n(2) Merchant mariner's license.\n\n(3) STCW endorsement.\n\n(4) Certificate of registry.\n\n(5) Merchant mariner credential.\n\nMerchant 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."], ["33:33:2.0.1.6.32.1.211.3", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "A", "Subpart A\u2014General", "", "\u00a7 165.5 Establishment procedures.", "USCG", "", "", "[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]", "(a) 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.\n\n(b) 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:\n\n(1) The name of the person submitting the request;\n\n(2) The location and boundaries of the safety zone, security zone, or regulated navigation area;\n\n(3) The date, time, and duration that the safety zone, security zone, or regulated navigation area should be established;\n\n(4) A description of the activities planned for the safety zone, security zone, or regulated navigation area;\n\n(5) The nature of the restrictions or conditions desired; and\n\n(6) The reason why the safety zone, security zone, or regulated navigation area is necessary.\n\n(c) 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."], ["33:33:2.0.1.6.32.1.211.4", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "A", "Subpart A\u2014General", "", "\u00a7 165.7 Notification.", "USCG", "", "", "[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by USCG-2018-0486, 85 FR 74030, Aug. 4, 2020]", "(a) 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.\n\n(b) 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."], ["33:33:2.0.1.6.32.1.211.5", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "A", "Subpart A\u2014General", "", "\u00a7 165.8 Geographic coordinates.", "USCG", "", "", "[CGD 86-082, 52 FR 33811, Sept. 8, 1987]", "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."], ["33:33:2.0.1.6.32.1.211.6", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "A", "Subpart A\u2014General", "", "\u00a7 165.9 Geographic application of limited and controlled access areas and regulated navigation areas.", "USCG", "", "", "[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]", "(a)  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.\n\n(b)  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 \u00a7 2.38 of this chapter, including the territorial sea to a seaward limit of 12 nautical miles from the baseline.\n\n(c)  Security zones.  These zones have two sources of authority\u201446 U.S.C. Chapter 700, and the Act of June 15, 1917, as amended by both the Magnuson Act of August 9, 1950 (\u201cMagnuson Act\u201d), 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 \u00a7 2.38 of this chapter, including the territorial sea to a seaward limit of 12 nautical miles from the baseline.\n\n(d)  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 \u00a7 2.38 of this chapter, including the territorial sea to a seaward limit of 12 nautical miles from the baseline."], ["33:33:2.0.1.6.32.2.211.1", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "B", "Subpart B\u2014Regulated Navigation Areas", "", "\u00a7 165.10 Regulated navigation areas.", "USCG", "", "", "", "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."], ["33:33:2.0.1.6.32.2.211.2", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "B", "Subpart B\u2014Regulated Navigation Areas", "", "\u00a7 165.11 Vessel operating requirements (regulations).", "USCG", "", "", "[CGD 79-026, 48 FR 35408, Aug. 4, 1983]", "Each District Commander may control vessel traffic in an area which is determined to have hazardous conditions, by issuing regulations:\n\n(a) Specifying times of vessel entry, movement, or departure to, from, within, or through ports, harbors, or other waters;\n\n(b) Establishing vessel size, speed, draft limitations, and operating conditions; and\n\n(c) 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."], ["33:33:2.0.1.6.32.2.211.3", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "B", "Subpart B\u2014Regulated Navigation Areas", "", "\u00a7 165.13 General regulations.", "USCG", "", "", "", "(a) The master of a vessel in a regulated navigation area shall operate the vessel in accordance with the regulations contained in Subpart F.\n\n(b) No person may cause or authorize the operation of a vessel in a regulated navigation area contrary to the regulations in this part."], ["33:33:2.0.1.6.32.3.211.1", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "C", "Subpart C\u2014Safety Zones", "", "\u00a7 165.20 Safety zones.", "USCG", "", "", "", "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."], ["33:33:2.0.1.6.32.3.211.2", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "C", "Subpart C\u2014Safety Zones", "", "\u00a7 165.23 General regulations.", "USCG", "", "", "", "Unless otherwise provided in this part:\n\n(a) No person may enter a safety zone unless authorized by the COTP or the District Commander;\n\n(b) 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;\n\n(c) 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\n\n(d) 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."], ["33:33:2.0.1.6.32.4.211.1", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "D", "Subpart D\u2014Security Zones", "", "\u00a7 165.30 Security zones.", "USCG", "", "", "", "(a) 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.\n\n(b) 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:\n\n(1) Vessels,\n\n(2) Harbors,\n\n(3) Ports, and\n\n(4) Waterfront facilities:\n\nin the United States and all territory and water, continental or insular, that is subject to the jurisdiction of the United States."], ["33:33:2.0.1.6.32.4.211.2", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "D", "Subpart D\u2014Security Zones", "", "\u00a7 165.33 General regulations.", "USCG", "", "", "", "Unless otherwise provided in the special regulations in subpart F of this part:\n\n(a) No person or vessel may enter or remain in a security zone without the permission of the Captain of the Port;\n\n(b) Each person and vessel in a security zone shall obey any direction or order of the Captain of the Port;\n\n(c) The Captain of the Port may take possession and control of any vessel in the security zone;\n\n(d) The Captain of the Port may remove any person, vessel, article, or thing from a security zone;\n\n(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\n\n(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."], ["33:33:2.0.1.6.32.5.211.1", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "E", "Subpart E\u2014Restricted Waterfront Areas", "", "\u00a7 165.40 Restricted waterfront areas.", "USCG", "", "", "", "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 \u00a7 125.09 of this chapter when certain shipping activities are conducted that are outlined in \u00a7 125.15 of this chapter."], ["33:33:2.0.1.6.32.6.211.1", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.T01-0389 Regulated Navigation Area and Safety Zone; Hampton River, Hampton, NH.", "USCG", "", "", "[USCG-2025-0389, 90 FR 29733, July 7, 2025]", "(a)  Location.  The following area is a regulated navigation area (RNA):\n\n(1) \u201cRNA\u201d: all navigable waters of the Hampton River, mile 0.0, at the inlet to Hampton Harbor, Hampton, NH, surface to bottom, encompassed by a line connecting the following approximate positions, 42\u00b053\u203241.59\u2033 N 070\u00b048\u203229.064\u2033 W (Hampton Harbor North Jetty Daybeacon \u201c8\u201d LLNR 8945); thence along the jetty to 42\u00b053\u203248.1\u2033 N 070\u00b048\u203238.4\u2033 W; thence along the shore line to 42\u00b053\u203250.9\u2033 N 070\u00b048\u203258.2\u2033 W (center Hampton Bridge north side approach); thence along the shore line to 42\u00b053\u203256.52\u2033 N 070\u00b049\u20324.77\u2033 W (Hampton State Pier); thence to 42\u00b053\u203255.73\u2033 N 070\u00b049\u203212.72\u2033 W; thence to 42\u00b053\u203241.78\u2033 N 070\u00b049\u203214.11\u2033 W; thence to 42\u00b053\u203241.67\u2033 N 070\u00b049\u20328.63\u2033 W\u201d (Harborside Dunes); thence along the shore to 42\u00b053\u203241.09\u2033 N 070\u00b049\u20320.87\u2033 W (center Hampton Bridge south side approach); thence along the shore to 42\u00b053\u203233.077\u2033 N 070\u00b048\u203238.724\u2033 W (Hampton Harbor South Daybeacon \u201cH\u201d LLNR 8955); thence to the point of origin, expressed in Degrees (\u00b0) Minutes (\u2032) Seconds (\u2033) (DMS) based on North American Datum 1983 (NAD 83).\n\n(2) [Reserved]\n\n(b)  Location.  The following area is a safety zone:\n\n(1) \u201cSafety Zone\u201d: all navigable waters within a 50-yard radius of the center point of the Neil R. Underwood Brid Seabrook-Hampton Harbor Bridge, Hampton River, mile 0.0, at the inlet to Hampton Harbor, Hampton, NH, surface to bottom, in approximate positions, 42\u00b053\u203246.2\u2033 N 70\u00b048\u203259.6\u2033 W, expressed in Degrees (\u00b0) Minutes (\u2032) Seconds (\u2033) (DMS) based on North American Datum 1983 (NAD 83).\n\n(2) [Reserved]\n\n(c)  Definitions.  As used in this section,  designated representative  means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the USCG Northeast District Commander in the enforcement of the safety zones.  Local officer  means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.\n\n(d)  RNA Regulations.  In addition to the general RNA regulations in \u00a7 165.13, the following regulations apply to the RNA described in paragraph (a) of this section.\n\n(1) Nothing in this regulation relieves any vessel, owner, operator, charterer, master, or person directing the movement of a vessel, from the consequences of any neglect to comply with this part or any other applicable law or regulation ( i.e.,  the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or 33 CFR part 84\u2014Subchapter E, Inland Navigation Rules) or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.\n\n(2) Entry and movement within the RNA is subject to a \u201cSlow-No Wake\u201d speed limit. All vessels may not produce a wake and may not attain speeds greater than five (5) knots unless a higher minimum speed is necessary to maintain bare steerageway.\n\n(3) Any vessel transiting through the RNA must make a direct passage. No vessel may stop, fish, moor, anchor, or loiter within the RNA at any time.\n\n(4) Vessels may not pass (overtake) another vessel within the RNA.\n\n(5) Only one vessel is permitted to pass through the center span navigational channel of the bridge(s) at any given time.\n\n(6) The Coast Guard is establishing a temporary traffic pattern within the RNA to manage vessel traffic. The traffic pattern, as shown below in figure 1, is positioned around the shallow waters of Hampton Harbor and will be marked with temporary aids to navigation. The western and southern sides of the shallow area will support two-way traffic. One-way traffic will flow northbound between the eastern side of the shallow waters and the Neil R. Underwood Bridge/Seabrook-Hampton Harbor Bridge. The northern side of the shallow area will accommodate one-way traffic moving west.\n\n(7) Except for transiting through the center span, no vessel or craft may operate within 20 feet of the bridge(s).\n\n(8) The operator of any vessel transiting in the RNA must comply with all lawful directions given to them by the COTP or the COTP's on-scene representative.\n\n(d)  Enforcement period.  The RNA will be enforced from 12:01 a.m. July 1, 2025, through 11:59 p.m. on December 31, 2030.\n\n(e)  Safety Zone Regulations.  In addition to the general safety zone regulations in \u00a7 165.23, the following regulations apply to the \u201cSafety Zone\u201d described in paragraph (b) of this section.\n\n(1) During each enforcement period, only vessel authorized by COTP may enter or remain in this safety zone.\n\n(2) Persons or vessels seeking to enter the safety zone must request authorization from the COTP or the COTP's on-scene designated representative on VHF-16 or via phone at 833-449-2407 (Sector Northern New England Command Center). Vessels must comply with directions given to them by the COTP or the COTP's on-scene designated representative.\n\n(f)  Effective and Enforcement periods.  This safety zone will be effective from 12:01 a.m. July 1, 2025, through 11:59 p.m. on Decmember 31, 2030 but will only be enforced during active construction within the main span navigational channel or other instances which may cause a hazard to navigation as determined by the COTP. The COTP will make notification of the exact dates and times in advance of each closure period of the safety zone to the local maritime community through the Local Notice to Mariners and will issue a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as practicable in response to an emergency.\n\n(g)  Early Completion.  If the project is completed before December 31, 2030, enforcement of the RNA and safety zone will be suspended, and notice given via Local Notice to Mariners. The USCG Northeast District Local Notice to Mariners can be found at:  http://www.navcen.uscg.gov."], ["33:33:2.0.1.6.32.6.211.10", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.110 Safety and Security Zone; Liquefied Natural Gas Carrier Transits and Anchorage Operations, Boston, Massachusetts.", "USCG", "", "", "[CGD01-02-023, 67 FR 63263, Oct. 11, 2002, as amended by USCG-2007-0087, 73 FR 34194, June 17, 2008]", "(a)  Definitions.  As used in this section\u2014\n\nAuthorized representative  means a Coast Guard commissioned, warrant, or petty officer or a Federal, State, or local law enforcement officer designated by or assisting the Captain of the Port (COTP) Boston.\n\nDeepwater port  means any facility or structure meeting the definition of deepwater port in 33 CFR 148.5.\n\nSupport vessel  means any vessel meeting the definition of support vessel in 33 CFR 148.5.\n\n(b)  Location.  The following areas are safety and security zones:\n\n(1)  Vessels underway.  All navigable waters of the United States within the Captain of the Port (COTP) Boston zone, as defined in 33 CFR 3.05-10, two miles ahead and one mile astern, and 500 yards on each side of any liquefied natural gas carrier (LNGC) vessel while underway.\n\n(2)  Vessels anchored in the Broad Sound.  All waters within a 500-yard radius of any anchored LNGC vessel located in the waters of Broad Sound bounded by a line starting at position 42 deg. 25\u2032 N, 070 deg. 58\u2032 W; then running southeast to position 42 deg. 22\u2032 N, 070 deg. 56\u2032 W; then running east to position 42 deg. 22\u2032 N, 070 deg. 50\u2032 W; then running north to position 42 deg. 25\u2032 N, 070 deg. 50\u2032 W; then running west back to the starting point (NAD 83).\n\n(3)  Vessels moored at the Distrigas LNG facility.  All waters within a 400-yard radius of any LNGC vessel moored at the Distrigas LNG facility in Everett, MA.\n\n(4)  Vessels calling on a deepwater port.  All waters within a 500-meter radius of any LNGC engaged in regasification or transfer, or otherwise moored, anchored, or affixed to a deepwater port listed in 33 CFR 150.490 and falling within the waters of the Boston COTP Zone, as defined in 33 CFR 3.05-10.\n\n(c)  Regulations.  (1) In accordance with the general regulations in Sec. 165.23 and Sec. 165.33 of this part, entry into or movement within these zones is prohibited unless authorized by the Captain of the Port Boston, or his/her authorized representative.\n\n(2) No person or vessel may enter the waters within the boundaries of the safety and security zones described in paragraph (b) of this section unless previously authorized by the COTP Boston, or his/her authorized representative. However, LNGCs and support vessels, as defined in 33 CFR 148.5, operating in the vicinity of NEGDWP are authorized to enter and move within such zones in the normal course of their operations following the requirements set forth in 33 CFR 150.340 and 150.345, respectively.\n\n(3) All vessels operating within the safety and security zones described in paragraph (b) of this section must comply with the instructions of the COTP or his/her authorized representative."], ["33:33:2.0.1.6.32.6.211.11", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.111 Safety Zone: Boston Harbor, Boston, Massachusetts.", "USCG", "", "", "[CGD1 91-109, 57 FR 30407, July 9, 1992]", "(a) The following areas are established as safety zones during the conditions specified:\n\n(1) Around the U.S.S.  Constitution  or any accompanying parade vessels when  Constitution  is under way\u2014300 yards in all directions in the waters around the U.S.S.  Constitution  and each parade vessel accompanying  Constitution  whenever the U.S.S.  Constitution  is underway in Boston Harbor from the time such vessels depart their respective berths until the time they complete their transit and are safely moored.\n\n(2) Whenever  Constitution  is moored at Pier 1, Charlestown Navy Yard\u2014the waters between Hoosac Pier and Pier 1, Charlestown Navy Yard, from the imaginary line connecting the outer easternmost point protruding into Boston Harbor from Hoosac Pier to the outer westernmost point protruding into Boston Harbor from Pier 1, Charlestown Navy Yard, extending inbound along the face of both piers to the landside points where both piers end.\n\n(3) Around the U.S.S.  Constitution \u2014fifty yards in all directions in the waters around  Constitution  when the vessel is moored at any Boston berthing location other than Pier 1, Charlestown Navy Yard.\n\n(b) The general regulations governing safety zones as contained in 33 CFR 165.23 apply."], ["33:33:2.0.1.6.32.6.211.12", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.", "USCG", "", "", "[CGD01-93-001, 58 FR 47991, Sept. 14, 1993]", "(a)  Location.  The following area is a safety zone:\n\nAround the USS CASSIN YOUNG (DD-793) and any accompanying parade vessels when the USS CASSIN YOUNG is underway. The zone extends 100 yards in all directions in the waters around the USS CASSIN YOUNG and accompanying parade vessels whenever the USS CASSIN YOUNG is underway in Boston Harbor from the time the USS CASSIN YOUNG departs its berth until it is safely moored.\n\n(b)  Regulations.  The general regulations governing safety zones as contained in 33 CFR 165.23 apply."], ["33:33:2.0.1.6.32.6.211.13", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.113 Security Zone: Dignitary arrival/departure Logan International Airport, Boston, MA.", "USCG", "", "", "[CGD01-97-004, 63 FR 16117, Apr. 2, 1998]", "(a)  Location.  The permanent security zone consists of four sectors that may be activated in part, or in whole, upon the request of the U.S. Secret Service. These zones are for the protection of the President or Vice President of the United States, as well as visiting heads of foreign states or foreign governments arriving at, or departing from, Logan International Airport and as determined by the transit route across Boston Harbor. The security zone will be as follows:\n\n(1) Sector one will go into effect 15 minutes prior to the scheduled landing or takeoff of the aircraft carrying either the President, Vice President, or visiting heads of foreign states or foreign governments at Logan International Airport. Sector one will preclude all vessels from approaching within three hundred yards of the Logan International Airport shoreline, bound on the west by a line drawn between positions 42\u00b022\u203245\u2033 N., 071\u00b001\u203205\u2033 W. and 42\u00b021\u203248\u2033 N., 071\u00b001\u203245\u2033 W. (NAD) 1983).\n\n(2) Sector two will go into effect 15 minutes before the vehicle carrying the President, Vice President, or visiting heads of foreign states or foreign governments enters the Callahan Tunnel or Sumner Tunnel. Sector two may preclude vessels, as necessary, from entering an area of the main ship channel, Boston Inner Harbor; fifty yards in all directions from a point directly above the Callahan Tunnel or Sumner Tunnel.\n\n(3) Sector three will go into effect 15 minutes before the vehicle carrying the President, Vice President, or visiting heads of foreign states or foreign governments enters the Ted Williams Tunnel. Sector three may preclude vessels, as necessary, from entering an area of the main ship channel, Boston Inner Harbor, fifty yards in all directions from a point directly above the Ted Williams Tunnel.\n\n(4) Sector four will go into effect 15 minutes before the President, Vice President, or visiting heads of foreign states or foreign governments board the designated transport vessel. Sector four will preclude all vessels from approaching within three hundred yards in all directions from the designated vessel transporting the President, Vice President, or visiting heads of foreign states or foreign governments between Logan International Airport and any location in Boston Harbor.\n\n(5) The activation of a particular sector of this security zone will be announced via Safety Marine Information Broadcasts and/or by locally issued notices.\n\n(b)  Regulations.  (1) The general regulations covering security zones contained in 33 CFR 165.33 apply.\n\n(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on scene patrol personnel. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a Coast Guard vessel via siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed."], ["33:33:2.0.1.6.32.6.211.14", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.114 Safety and Security Zones: Escorted Vessels\u2014Boston Harbor, Massachusetts.", "USCG", "", "", "[CGD01-01-227, 67 FR 20912, Apr. 29, 2002, as amended by CGD01-01-227, 67 FR 63265, Oct. 11, 2002]", "(a)  Location.  The following waters within the Boston Captain of the Port Zone, 1000 yards ahead and astern, and 100 yards on each side of any designated escorted vessel, are established as safety and security zones: All waters of Boston Inner Harbor, including the waters of the Mystic River, Chelsea River, and Reserved Channel west of a line running from Deer Island Light, at position 42\u00b020\u203225\u2033 N, 070\u00b057\u203215\u2033 W, to Long Island, at position 42\u00b019\u203248\u2033 N, 070\u00b057\u203215\u2033 W, and west of the Long Island Bridge, running from Long Island to Moon Head.\n\n(b)  Escorted vessel definition.  For the purposes of this section, escorted vessels operating in Boston Harbor include the following: Any vessels deemed to be in need of escort protection by the Captain of the Port, Boston for security reasons.\n\n(c)  Regulations.  (1) In accordance with the general regulations in \u00a7\u00a7 165.23 and 165.33 of this part, entry into or movement within this zone is prohibited unless authorized by the Captain of the Port Boston.\n\n(2) All vessel operators shall comply with the instructions of the COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels."], ["33:33:2.0.1.6.32.6.211.15", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.115 [Reserved]", "USCG", "", "", "", ""], ["33:33:2.0.1.6.32.6.211.16", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.116 Safety and Security Zones; Salem and Boston Harbors, Massachusetts.", "USCG", "", "", "[CGD01-02-016, 67 FR 45909, July 11, 2002, as amended by USCG-2009-0416, 74 FR 27441, June 10, 2009]", "(a)  Location.  The following areas are permanent safety and security zones:\n\n(1)  Reserved Channel, Boston Harbor.  All waters of Boston Harbor within one hundred fifty (150) yards off the bow and stern and one hundred (100) yards abeam of any vessel moored at the Massachusetts Port Authority Black Falcon Terminal;\n\n(2)  Boston Inner Harbor.  All waters of Boston Harbor within one hundred (100) feet of the Coast Guard Integrated Support Command (ISC) Boston piers and;\n\n(3)  Salem Harbor.  All waters of Salem Harbor within a two-hundred and fifty (250) yard radius of the center point of the PG & E Power Plant Terminal Wharf, Salem, MA, located at 42\u00b031.33\u2032 N, 070\u00b052.67\u2032 W when a vessel is moored at this pier. All coordinates are North American Datum 1983.\n\n(b)  Regulations.  (1) In accordance with the general regulations in \u00a7 165.23 and \u00a7 165.33 of this part, entry into or movement within these zones is prohibited unless authorized by the Captain of the Port Boston.\n\n(2) All vessel operators shall comply with the instructions of the Captain of the Port or the designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels.\n\n(3) No person may enter the waters or land area within the boundaries of the safety and security zones unless previously authorized by the Captain of the Port, Boston or his authorized patrol representative."], ["33:33:2.0.1.6.32.6.211.17", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.117 Regulated Navigation Areas, Safety and Security Zones: Deepwater Ports, USCG Northeast District.", "USCG", "", "", "[USCG-2007-0087, 73 FR 34194, June 17, 2008, as amended by USCG-2009-0589, 75 FR 51377, Aug. 20, 2010; USCG-2014-0410, 79 FR 38442, July 7, 2014]", "(a)  Location \u2014(1)  Regulated navigation areas.  All waters within a 1,000 meter radius of the geographical positions set forth in paragraph (a)(3) of this section are designated as regulated navigation areas.\n\n(2)  Safety and security zones.  All waters within a 500-meter radius of the geographic positions set forth in paragraph (a)(3) of this section are designated as safety and security zones.\n\n(3)  Coordinates.  (i) The geographic coordinates forming the loci for the regulated navigation areas, safety and security zones for the Northeast Gateway Deepwater Port are: 42\u00b023\u203238\u2033 N., 070\u00b035\u203231\u2033 W.; and 42\u00b023\u203256\u2033 N., 070\u00b037\u203200\u2033 W. (NAD 83).\n\n(ii) The geographic coordinates forming the loci for the regulated navigation areas, safety, and security zones for Neptune Deepwater Port are: 42\u00b029\u203212.3\u2033 N., 70\u00b036\u203229.7\u2033 W.; and 42\u00b027\u203220.5\u2033 N., 70\u00b036\u203207.3\u2033 W. (NAD 83).\n\n(iii) [Reserved]\n\n(b)  Definitions.  As used in this section\u2014\n\nAuthorized representative  means a Coast Guard commissioned, warrant, or petty officer or a Federal, State, or local law enforcement officer designated by or assisting the Captain of the Port (COTP) Boston.\n\nDeepwater port  means any facility or structure meeting the definition of deepwater port in 33 CFR 148.5.\n\nDredge  means fishing gear consisting of a mouth frame attached to a holding bag constructed of metal rings or mesh.\n\nSupport vessel  means any vessel meeting the definition of support vessel in 33 CFR 148.5.\n\nTrap  means a portable, enclosed device with one or more gates or entrances and one or more lines attached to surface floats used for fishing. Also called a pot.\n\n(c)  Applicability.  This section applies to all vessels operating in the regulated navigation areas set forth in paragraph (a) of this section, except\u2014\n\n(1) Those vessels conducting cargo transfer operations with the deepwater ports whose coordinates are provided in paragraph (a)(3) of this section,\n\n(2) Support vessels operating in conjunction therewith, and\n\n(3) Coast Guard vessels or other law enforcement vessels operated by or under the direction of an authorized representative of the COTP Boston.\n\n(d)  Regulations.  (1) No vessel may anchor, engage in diving operations, or commercial fishing using nets, dredges, traps (pots), or use of remotely operated vehicles (ROVs) in the regulated navigation areas set forth in paragraph (a)(1) of this section.\n\n(2) In accordance with the general regulations in \u00a7\u00a7 165.23 and 165.33 of this part, entry into or movement within the safety and security zones designated in paragraph (a)(2) of this section is prohibited unless authorized by the COTP Boston, or his/her authorized representative.\n\n(3) Notwithstanding paragraph (d)(2) of this section, tankers and support vessels, as defined in 33 CFR 148.5, operating in the vicinity of NEGDWP are authorized to enter and move within such zones in the normal course of their operations following the requirements set forth in 33 CFR 150.340 and 150.345, respectively.\n\n(4) All vessels operating within the safety and security zones described in paragraph (a)(2) of this section must comply with the instructions of the COTP or his/her authorized representative."], ["33:33:2.0.1.6.32.6.211.18", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.118 Safety Zones; recurring annual events held in Coast Guard Sector Boston Captain of the Port Zone.", "USCG", "", "", "[USCG-2011-0109, 76 FR 69626, Nov. 9, 2011, as amended by USCG-2013-0060, 78 FR 67030, Nov. 8, 2013; USCG-2025-0716, 90 FR 47587, Oct. 2, 2025]", "The Coast Guard is establishing safety zones for the events listed in Table 1 of this section. These regulations in this section will be enforced for the duration of each event, on or about the dates indicated in Table 1 of this section. Annual notice of the exact dates and times of the effective period of the regulations in this section with respect to each event, the geographical description of each regulated area, and details concerning the nature of the event and the number of participants and type(s) of vessels involved will be made to the local maritime community through the Local Notice to Mariners and/or Broadcast Notice to Mariners well in advance of the events. If the event does not have a date listed, then the exact dates and times of the enforcement will be announced through a Notice of Enforcement in the  Federal Register.  Mariners should consult the  Federal Register  or their LNM to remain apprised of minor schedule or event changes. USCG Northeast District LNM can be found at:  http://www.navcen.uscg.gov/.  The Sector Boston Marine Events schedule can also be viewed electronically at:  http://www.homeport.uscg.mil.  Although listed in the Code of Federal Regulations, sponsors of events listed in Table 1 of this section are still required to submit a marine event permit application each year in accordance with 33 CFR 100.15.\n\n(a) The Coast Guard may patrol each event area under the direction of a designated Coast Guard Patrol Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign \u201cPATCOM.\u201d Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the Captain of the Port, Sector Boston.\n\n(b) Vessels may not transit the regulated areas without Patrol Commander approval. Vessels permitted to transit must operate at a no wake speed, in a manner which will not endanger participants or other crafts in the event.\n\n(c) Spectators or other vessels shall not anchor, block, loiter, or impede the movement of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through the LNM, unless authorized by an official patrol vessel.\n\n(d) The Patrol Commander may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.\n\n(e) The Patrol Commander may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior.\n\n(f) For all fireworks displays listed below, the regulated area is that area of navigable waters within a 350-yard radius of the launch platform or launch site for each fireworks display, unless modified in the LNM at:  http://www.navcen.uscg.gov/.\n\n(g) For all swimming events listed, vessels not associated with the event shall maintain a distance of at least 100 yards from the participants.\n\nTable 1"], ["33:33:2.0.1.6.32.6.211.19", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.119 Safety Zone; Captain of the Port Boston Fireworks display zones, Boston Harbor, Boston, MA.", "USCG", "", "", "[USCG-2013-0503, 79 FR 26848, May 12, 2014]", "(a)  Boston Inner Harbor.  The following areas are designated as safety zones:\n\n(1)  Charlestown Safety Zone.  All U.S. navigable waters of Boston inner Harbor within a 700-foot radius of the fireworks barge in approximate position 42\u00b022\u203212.7\u2033 N 071\u00b002\u203253\u2033 W (NAD 1983), located off of Pier 5 Charlestown Navy Yard.\n\n(2)  Long Wharf Safety Zone.  All U.S. navigable waters of Boston inner Harbor within a 700-foot radius of the fireworks barge in approximate position 42\u00b021\u203241.2\u2033 N 071\u00b002\u203236.5\u2033 W (NAD 1983), located off of Long Wharf, Boston MA.\n\n(3)  Fan Pier Safety Zone.  All U.S. navigable waters of Boston inner Harbor within a 700-foot radius of the fireworks barge in approximate position 42\u00b021\u203223.2\u2033 N 071\u00b002\u203226\u2033 W (NAD 1983), located off of the Fan Pier, South Boston, MA.\n\n(4)  Pier 6 Safety Zone.  All U.S. navigable waters of Boston inner Harbor within a 700-foot radius of the fireworks barge in approximate position 42\u00b021\u203211.9\u2033 N 071\u00b002\u20321.3\u2033 W (NAD 1983), located off of Pier 6, South Boston, MA.\n\n(5)  North Jetty Safety Zone.  All U.S. navigable waters of Boston inner Harbor within a 700-foot radius of the fireworks barge in approximate position 42\u00b021\u203201\u2033 N 071\u00b001\u203231.7\u2033 W (NAD 1983), located off of the North Jetty, South Boston, MA.\n\n(6)  Castle Island Safety Zone.  All U.S. navigable waters of Boston inner Harbor within a 700-foot radius of the fireworks barge in approximate position 42\u00b020\u203227.4\u2033 N 071\u00b000\u203228.1\u2033 W (NAD 1983), located off of the Castle Island, South Boston, MA.\n\n(b)  Notification.  Coast Guard Sector Boston will use all appropriate means to notify the public in advance of an event of the enforcement of these safety zones to include publishing a Notice of Enforcement in the  Federal Register  and through the local Notice to Mariners and Broadcast Notice to Mariners. Fireworks barges used in these locations will also have a sign on their port and starboard side labeled \u201cFIREWORKS\u2014STAY AWAY\u201d. This sign will consist of a ten inch high by one and half inch wide red lettering on a white background.\n\n(c)  Enforcement period.  The Coast Guard anticipates that these safety zones will be enforced between 6:00 p.m. (e.s.t.) and 1:00 a.m. (e.s.t.). The exact dates and times will be published as described in paragraph (b) of this section.\n\n(d)  Definitions.  For purposes of this section \u201cDesignated representative\u201d is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port Boston (COTP) to act on the COTP's behalf. The designated representative may be on an Official Patrol Vessel; Official Patrol Vessel may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP or the designated representative 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.\n\n(e) No vessels, except for fireworks barges and accompanying vessels, will be allowed to enter into, transit through, or anchor within one of the aforementioned safety zones during an enforcement period without the permission of the COTP or the designated representative.\n\n(f) All persons and vessels permitted to enter one of these safety zones during an enforcement period shall comply with the instructions of the COTP or the designated on-scene representative. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.\n\n(g) Vessel operators desiring to enter or operate within a safety zone during a period of enforcement shall contact the COTP or the designated on-scene representative via VHF channel 16 or 617-223-5757 (Sector Boston Command Center) to obtain permission."], ["33:33:2.0.1.6.32.6.211.2", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.T01-0956 Safety Zone; Glen Island Approach Bridge, Long Island Sound, New Rochelle, NY.", "USCG", "", "", "[USCG-2024-0956, 89 FR 95722, Dec. 3, 2024]", "(a)  Location.  The following area is a safety zone: All the navigable waters of the Long Island Sound in the vicinity of the Glen Island Approach Bridge, New Rochelle, NY, from surface to bottom, encompassed by a line connecting the following points beginning at 40\u00b053\u203218.58\u2033 N 73\u00b046\u203256.26\u2033 W; thence to 40\u00b053\u203222.08\u2033 N 73\u00b046\u203259.39\u2033 W; thence north along the shore to 40\u00b053\u203223.8\u2033 N 73\u00b046\u203257.51\u2033 W; thence to 40\u00b053\u203219.15\u2033 N 73\u00b046\u203252.54\u2033 W and thence south along the shore back to the point of origin. These coordinates are based on the 1984 World Geodetic System (WGS 84).\n\n(b)  Definitions.  As used in this section,  designated representative  means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port New York (COTP) in the enforcement of the safety zone.\n\n(c)  Regulations.  (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP's designated representative.\n\n(2) To seek permission to enter, contact the COTP or the COTP's representative via VHF Channel 16 or by phone at (844) 692-8724 (Sector New York Command Center). Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative.\n\n(d)  Enforcement period.  This section is effective from December 2, 2024, through May 27, 2027, but will only be enforced during periods when construction operations at the Glen Island Approach Bridge are in progress. The Coast Guard will make notice of this safety zone via the Local Notice to Mariners and issue a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as practicable in advance of these scheduled closures and in response to any emergency or hazardous condition. In addition, if the project is completed before May 27, 2027, enforcement of the safety zone will be suspended, and notice given via Local Notice to Mariners. The USCG Northeast District Local Notice to Mariners can be found at:  http://www.navcen.uscg.gov."], ["33:33:2.0.1.6.32.6.211.20", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.120 Security Zone, John Joseph Moakley United States Courthouse, Boston, MA.", "USCG", "", "", "[USCG-2014-0246, 81 FR 10501, Mar. 1, 2016]", "(a)  Location.  This security zone encompasses all U.S. navigable waters, from surface to bottom, within five hundred (500) yards of the John Joseph Moakley United States Courthouse (Moakley Courthouse) in Boston, MA, and following any natural waterside seawall configuration.\n\n(b)  Regulations.  While this security zone is being enforced, the following regulations, along with those contained in 33 CFR 165.33, apply:\n\n(1) No person or vessel may enter or remain in this security zone without the permission of the Captain of the Port (COTP), Sector Boston. However, the COTP hereby grants vessels permission to enter this security zone as long as such vessels proceed through the area 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 as published in 33 CFR part 83 and remain beyond one hundred (100) yards of the Moakley Courthouse in Boston, MA, following any natural waterside seawall configuration enclosed by a line connecting the following points:\n\n(2) Although vessels have permission to enter the five hundred (500) yards security zone under the conditions mentioned in the preceding paragraph, no person or vessel may come within one hundred (100) yards of the Moakley Courthouse under any conditions unless given express permission from the COTP or the COTP's designated representatives.\n\n(3) Any person or vessel permitted to enter the security zone shall comply with the directions and orders of the COTP or the COTP's representatives. Upon being hailed 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 security zone shall exit the zone when directed by the COTP or the COTP's representatives.\n\n(4) To obtain permissions required by this regulation, individuals may reach the COTP or a COTP representative via VHF channel 16 or 617-223-5757 (Sector Boston Command Center) to obtain permission.\n\n(5)  Penalties.  Those who violate this section are subject to the penalties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70052.\n\n(c)  Effective and enforcement period.  This security zone is in effect permanently but will only be enforced when deemed necessary by the COTP. Anyone, including members of federal, state or local law enforcement agencies, may request that this security zone be enforced.\n\n(d)  Notification.  The COTP will notify the public of the enforcement of this security zone by publishing a Notice of Enforcement (NOE) in the  Federal Register  and via the other means listed in 33 CFR 165.7. Such notifications will include the date and times of enforcement, along with any pre-determined conditions of entry.\n\n(e)  COTP representative.  The COTP's representative may be any Coast Guard commissioned, warrant, or petty officer or any Federal, state, or local law enforcement officer who has been designated by the COTP to act on the COTP's behalf. The COTP's representative may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, federal, state or local law enforcement or safety vessel, or a location on shore."], ["33:33:2.0.1.6.32.6.211.21", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.121 Safety and Security Zones: High Interest Vessels, Narragansett Bay, Rhode Island.", "USCG", "", "", "[CGD01-02-065, 67 FR 56224, Sept. 3, 2002, as amended by USCG-2013-0060, 78 FR 67030, Nov. 8, 2013]", "(a)  Location.  (1) All waters of Rhode Island Sound within a \n 1/2  mile radius of any high interest vessel while the vessel is anchored within \n 1/2  mile of the point Latitude 41\u00b025\u2032 N, Longitude 71\u00b023\u2032 W in the Narragansett Bay Precautionary Area.\n\n(2) All waters of Rhode Island Sound, Narragansett Bay, the Providence and Taunton Rivers 2 miles ahead and 1 mile astern, and extending 1000 yards on either side of any high interest vessel transiting Narragansett Bay, or the Providence and Taunton Rivers.\n\n(3) All waters and land within a 1000-yard radius of any high interest vessel moored at a waterfront facility in the Providence Captain of the Port zone.\n\n(b)  High interest vessels defined.  For purposes of this section, high interest vessels operating in the Providence Captain of the Port zone include the following: barges or ships carrying liquefied petroleum gas (LPG), liquefied natural gas (LNG), chlorine, anhydrous ammonia, or any other cargo deemed to be high interest by the Captain of the Port, Providence.\n\n(c)  Regulations.  (1) Entry into or movement within these zones, including below the surface of the water, during times in which high interest vessels are present and the zones are enforced is prohibited unless authorized by the COTP Providence or authorized representative.\n\n(2) The general regulations covering safety and security zones in \u00a7\u00a7 165.23 and 165.33, respectively, of this part apply.\n\n(3) All persons and vessels shall comply with the instructions of the COTP, and the designated on-scene U.S. Coast Guard personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels."], ["33:33:2.0.1.6.32.6.211.22", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.122 Regulated Navigation Area: Navigable waters within Narragansett Bay and the Providence River, Rhode Island.", "USCG", "", "", "[USCG-2009-0143, 75 FR 15347, Mar. 29, 2010, as amended by USCG-2014-0410, 79 FR 38442, July 7, 2014; USCG-2015-0433, 80 FR 44283, July 27, 2015]", "(a)  Description of the regulated navigation area (RNA).  The Regulated Navigation Area (RNA) encompasses all of the navigable waters of Narragansett Bay north of the COLREGS demarcation line and west of the Mt. Hope Bridge, and all of the navigable waters of the Providence River from Conimicut Point to the Providence hurricane barrier.\n\n(b)  Regulations.  (1) All commercial vessels must:\n\n(i) Maintain a minimum 10% of the vessel's draft as an under-keel clearance when not assisted by tugs, or when not moored at an assigned berth. Under-keel clearance is the minimum clearance available between the deepest point on the vessel and the bottom of the waterway, in calm water.\n\n(ii) Have at least one mile of visibility to transit the Providence River between 41\u00b043\u203201.4\u2033 N; 071\u00b020\u203241.7\u2033 W (Conimicut Light (LLNR 18305)) and 41\u00b047\u203238.8\u2033 N; 071\u00b022\u203246.7\u2033 W (Channel Light 42 (LLNR 18580)).\n\n(2) Vessels over 65 feet in length inbound for berths in the Providence River are required to make Safety Signal (SECURITE) calls on both VHF channels 13 and 16 at the following geographic locations:\n\n(i) Pilot Boarding Area;\n\n(ii) Abeam of Castle Hill;\n\n(iii) Abeam of Sandy Point;\n\n(iv) Abeam of 41\u00b043\u203201.4\u2033 N; 071\u00b020\u203241.7\u2033 W (Conimicut Light (LLNR 18305));\n\n(v) Abeam of Sabin Point; and\n\n(vi) Upon mooring.\n\n(3) Vessels over 65 feet in length inbound for berths in Mount Hope Bay or in the Taunton River are required to make SECURITE calls on both VHF channels 13 and 16 at the following geographic locations:\n\n(i) Pilot Boarding Area;\n\n(ii) Abeam of Castle Hill;\n\n(iii) Abeam of Sandy Point; and\n\n(iv) At position 41\u00b039\u203232.4\u2033 N;071\u00b014\u2032 02.6\u2033 W (Mount Hope Bay Junction Lighted Gong Buoy \u201cMH\u201d (LLNR 18790)).\n\n(4) Vessels over 65 feet in length outbound for sea down the Providence River Channel shall make SECURITE calls on VHF channels 13 and 16 at the following geographic locations:\n\n(i) One-half hour prior to departure from the berth;\n\n(ii) At departure from the berth;\n\n(iii) Abeam of Sabin Point;\n\n(iv) Abeam of Gaspee Point; and\n\n(v) Abeam of position 41\u00b043\u203201.4\u2033 N; 071\u00b020\u203241.7\u2033 W (Conimicut Light (LLNR 18305)).\n\n(5) Vessels over 65 feet in length outbound for sea down from Mount Hope Bay through Narragansett Bay are required to make SECURITE calls on VHF channels 13 and 16 at the following geographic locations:\n\n(i) One-half hour prior to departure from the berth;\n\n(ii) At departure from the berth; and\n\n(iii) At position 41\u00b039\u203232.4\u2033 N;071\u00b014\u2032 02.6\u2033 W (Mount Hope Bay Junction Lighted Gong Buoy \u201cMH\u201d (LLNR 18790)).\n\n(6) Vessels 65 feet and under in length, and all recreational vessels, when meeting deep draft commercial vessel traffic in all locations within this RNA shall keep out of the way of the oncoming deep draft commercial vessel. Nothing in this regulation, however, relieves a vessel of any duty prescribed in the Inland Navigation Rules (33 CFR subchapter E).\n\n(7) The Captain of the Port (COTP) Southeastern New England may authorize a deviation from these regulations. Parties wishing to request a deviation must do so in advance by contacting the COTP Southeastern New England, at 508-457-3211, or via VHF Channel 13 (156.7 MHz), or VHF channel 16 (156.8 MHz). Any person or vessel receiving permission from the COTP to deviate from these regulations must comply with any specific instructions provided by the COTP.\n\n(c)  Enforcement.  Violations of this RNA should be reported to the COTP Southeastern New England at 508-457-3211. Persons found in violation of these regulations may be subject to civil or criminal penalties as provided for in 46 U.S.C. 70036."], ["33:33:2.0.1.6.32.6.211.23", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.123 Cruise Ships, Sector Southeastern New England Captain of the Port (COTP) Zone.", "USCG", "", "", "[USCG-2010-0803, 76 FR 41075, July 13, 2011, as amended by USCG-2024-1103, 90 FR 52879, Nov. 24, 2025]", "(a)  Location.  The following areas are security zones: All navigable waters within the Southeastern New England Captain of the Port (COTP) Zone, extending from the surface to the sea floor:\n\n(1) Within a 200-yard radius of any cruise ship that is underway and is under escort of U.S. Coast Guard law enforcement personnel or designated representative, or\n\n(2) Within a 100-yard radius of any cruise ship that is anchored, at any berth or moored.\n\n(b)  Definitions.  For the purposes of this section\u2014\n\nCruise ship  means a passenger vessel as defined in 46 U.S.C. 2101, that is authorized to carry more than 400 passengers and is 200 or more feet in length. A  cruise ship  under this section will also include ferries as defined in 46 CFR 2.10-25 that are authorized to carry more than 400 passengers and are 200 feet or more in length.\n\nDesignated representative  means any Coast Guard commissioned, warrant, or petty officer who has been designated by the COTP to act on the COTP's behalf. The designated representative may be on a Coast Guard vessel, or onboard Federal, state, or a local agency vessel that is authorized to act in support of the Coast Guard.\n\nSoutheastern New England COTP Zone  is as defined in 33 CFR 3.05-20.\n\n(c)  Enforcement.  The security zones described in this section will be activated and enforced upon entry of any cruise ship into the navigable waters of the United States (see 33 CFR 2.36(a) to include the 12 NM territorial sea) in the Southeastern New England COTP zone. This zone will remain activated at all times while a cruise ship is within the navigable waters of the United States in the Sector Southeastern New England COTP Zone. In addition, the Coast Guard may broadcast the area designated as a security zone for the duration of the enforcement period via Broadcast Notice to Mariners.\n\n(d)  Regulations.  (1) In accordance with the general regulations in 33 CFR part 165, subpart D, no person or vessel may enter or move within the security zones created by this section unless granted permission to do so by the COTP Southeastern New England or the designated representative.\n\n(2) All persons and vessels granted permission to enter a security zone must comply with the instructions of the COTP or the designated representative. Emergency response vessels are authorized to move within the zone, but must abide by the restrictions imposed by the COTP or the designated representative.\n\n(3) No person may swim upon or below the surface of the water within the boundaries of these security zones unless previously authorized by the COTP or his designated representative.\n\n(4) Upon being hailed by a U.S. Coast Guard vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed.\n\n(5) Vessel operators desiring to enter or operate within the security zone shall contact the COTP or the designated representative via VHF channel 16 or 508-457-3211 (Sector Southeastern New England command center) to obtain permission to do so."], ["33:33:2.0.1.6.32.6.211.24", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.124 Security Zone; Electric Boat Shipyard, Narragansett Bay, Quonset Point, North Kingstown, RI.", "USCG", "", "", "[USCG-2024-0994, 90 FR 38403, Aug. 8, 2025]", "(a)  Location.  The following area is a security zone: All navigable waters of Narragansett Bay, from surface to bottom, South of Quonset Point, North Kingstown, RI, enclosed by a line beginning at a point on the shoreline at 41\u00b035\u203206.3\u2033 N, 71\u00b025\u203233.2\u2033 W; then to 41\u00b034\u203259.6\u2033 N, 71\u00b025\u203220.5\u2033 W; then to 41\u00b035\u203201.0\u2033 N, 71\u00b025\u203208.7\u2033 W; then to 41\u00b035\u203208.7\u2033 N, 71\u00b025\u203208.7\u2033 W; then along the shoreline to the point of beginning. These coordinates are based on North American Datum 1983.\n\n(b)  Definitions.  As used in this section, vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, except vessels of the Armed Forces, as defined at 14 U.S.C 527(e).\n\n(c)  Regulations.  (1) Under the general security zone regulations in subpart D of this part, no person or vessel may enter or remain in the security zone described in paragraph (a) of this section without the permission of the Captain of the Port, other than vessels of the Armed Forces, U.S. Government-owned vessels or vessels owned by, under hire to, or performing work for, the Electric Boat Division when operating in the security zone.\n\n(2) This security zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port (COTP) or a designated representative. Vessel operators given permission to enter or operate in the security zones must comply with all directions given to them by the COTP or the designated representative.\n\n(3) The \u201cdesignated representative\u201d is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port to act on his/her behalf. The on-scene representative may be on a Coast Guard vessel, a state or local law enforcement vessel, or other designated craft, 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.\n\n(4) Vessel operators desiring to enter or operate within the security zones shall request permission to do so by contacting the Coast Guard Sector Southeastern New England Command Center at 866-819-9128, or via VHF Channel 16."], ["33:33:2.0.1.6.32.6.211.25", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.125 Regulated Navigation Area; EPA Superfund Site, New Bedford Harbor, Massachusetts.", "USCG", "", "", "[USCG-2010-1119, 76 FR 35744, June 20, 2011]", "(a)  Location.  The regulated navigation area encompasses all waters bounded by a line beginning at 41\u00b037\u203222.5\u2033 N, 070\u00b054\u203234.1\u2033 W; thence to 41\u00b037\u203214.4\u2033 N, 070\u00b054\u203219.6\u2033 W; thence to 41\u00b036\u203258.5\u2033 N, 070\u00b054\u203208.1\u2033 W; thence to 41\u00b036\u203245.0\u2033 N, 070\u00b054\u203226.9\u2033 W; thence along the shoreline and south side of the hurricane barrier to the beginning point.\n\n(b)  Regulations.  (1) All vessels and persons are prohibited from activities that would disturb the seabed within the regulated navigation area, including but not limited to anchoring, dragging, trawling, and spudding. Vessels may otherwise transit or navigate within this area without reservation.\n\n(2) The prohibition described in paragraph (b)(1) of this section shall not apply to vessels or persons engaged in activities associated with remediation efforts in the New Bedford Harbor Superfund Site, provided that the Coast Guard Captain of the Port (COTP) Southeastern New England, is given advance notice of those activities by the U.S. Environmental Protection Agency (EPA).\n\n(c)  Waivers.  The Captain of the Port (COTP) Southeastern New England may, in consultation with the U.S. EPA, authorize a waiver from this section if he or she determines that the proposed activity can be performed without undue risk to environmental remediation efforts. Requests for waivers should be submitted in writing to Commander, U.S. Coast Guard Sector Southeastern New England, 1 Little Harbor Road, Woods Hole, MA, 02543, with a copy to the U.S. Environmental Protection Agency, Region 1, New Bedford Harbor Remedial Project Manager, 5 Post Office Square, Suite 100 (OSRR07), Boston, MA 02109, to facilitate review by the EPA and U.S. Coast Guard."], ["33:33:2.0.1.6.32.6.211.26", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.", "USCG", "", "", "[CGD 01-95-141, 61 FR 60032, Nov. 26, 1996]", "(a)  Location.  The following area is a safety zone: All waters of the Atlantic Ocean within a 1,000 yard radius of the stern section of the sunken vessel EMPIRE KNIGHT, in approximate position 43\u00b006\u203219\u2033 N, 70\u00b027\u203209\u2033 W, (NAD 1983) and extending from the water's surface to the seabed floor.\n\n(b)  Effective date.  This section is effective on August 23, 1996, twenty-four hours a day, seven days a week.\n\n(c)  Regulations.  (1) The general regulations contained in 33 CFR 165.23 apply.\n\n(2) All vessels and persons are prohibited from anchoring, diving, dredging, dumping, fishing, trawling, laying cable, or conducting salvage operations in this zone except as authorized by the Coast Guard Captain of the Port, Portland, Maine. Innocent transit through the area within the safety zone is not affected by this regulation and does not require the authorization of the Captain of the Port.\n\n(3) All persons and vessels shall comply with the instructions of the COTP or the designated on scene patrol personnel. U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed."], ["33:33:2.0.1.6.32.6.211.27", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.150 New Haven Harbor, Quinnipiac River, Mill River.", "USCG", "", "", "[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 80-069, 47 FR 53368, Nov. 26, 1982. Redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987, as amended by USCG-2012-0343, 77 FR 67565, Nov. 13, 2012]", "(a)  Boundaries.  The following is a regulated navigation area: The waters surrounding the Tomlinson Bridge and Pearl Harbor Memorial Bridge (I-95 Bridge) located within a line extending from a point A at 41\u00b017\u203250.35\u2033 N, 072\u00b054\u203234.37\u2033 W (the southeast corner of the Magellan Pink Tanks Terminal dock) thence along a line 126\u00b0T to point B at 41\u00b017\u203242.35\u2033 N, 072\u00b054\u203219.37\u2033 W (the southwest corner of the Gulf facility) thence north along the shoreline to point C at 41\u00b017\u203257.35\u2033 N, 072\u00b054\u203204.37\u2033 W (the northwest corner of the R & H Terminal dock) thence along a line 303\u00b0T to point D at 41\u00b018\u203205.35\u2033 N, 072\u00b054\u203221.37\u2033 W (the west bank of the mouth of the Mill River) thence south along the shoreline to point of origin. All coordinates are North American Datum 1983.\n\n(b)  Regulations.  (1) No person may operate a vessel or tow a barge in this Regulated Navigation Area in violation of these regulations.\n\n(2) Applicability. The regulations apply to barges with a freeboard greater than ten feet and to any vessel towing or pushing these barges on outbound transits of the Tomlinson Bridge.\n\n(3) Regulated barges may not transit the bridge\u2014\n\n(i) During the period from one hour to five hours after high water slack,\n\n(ii) When the wind speed at the bridge is greater than twenty knots, and\n\n(iii) With the barge being towed on a hawser, stern first.\n\n(4) Regulated barges with a beam greater than fifty feet must be pushed ahead through the bridge.\n\n(5) If the tug operator does not have a clear view over the barge when pushing ahead, the operator shall post a lookout on the barge with a means of communication with the operator.\n\n(6) Regulated barges departing the Mill River may transit the bridge only between sunrise and sunset. Barges must be pushed ahead of the tug, bow first, with a second tug standing by to assist at the bow.\n\n(7) Nothing in this section is intended to relieve any person from complying with:\n\n(i) Applicable Navigation and Pilot Rules for Inland Waters;\n\n(ii) Any other laws or regulations;\n\n(iii) Any order or direction of the Captain of the Port.\n\n(8) The Captain of the Port Sector Long Island Sound (COTP) may issue an authorization to deviate from any regulation in paragraph (b) of this section if the COTP determines that an alternate operation can be done safely.\n\n(9) The COTP may temporarily close the RNA for any situation the COTP determines would create an imminent hazard to waterway users in the RNA. Entry into the RNA during temporary closure is prohibited unless authorized by the COTP or the COTP's designated representative. The COTP or designated representative may order the removal of any vessel or equipment within the RNA. To assure wide advance notice of each closure among affected mariners, the COTP may use means including, but not limited to, Broadcast Notice to Mariners and Local Notice to Mariners. The COTP will announce the dates and times of the closure and whether exceptions will be authorized for emergency or other specific vessel traffic."], ["33:33:2.0.1.6.32.6.211.28", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.151 Safety Zones; Fireworks Displays, Air Shows and Swim Events in the Captain of the Port Long Island Sound Zone.", "USCG", "", "", "[USCG-2008-0384, 77 FR 6958, Feb. 10, 2012, as amended by USCG-2012-1036, 78 FR 31406, May 24, 2013; USCG-2014-0410, 79 FR 38442, July 7, 2014; USCG-2018-0532, 85 FR 5570, Jan. 31, 2020; 85 FR 11294, Feb. 27, 2020; USCG-2020-0082, 85 FR 38073, June 25, 2020; USCG-2021-0135, 86 FR 50262, Sept. 8, 2021; USCG-2023-0001, 88 FR 38404, June 13, 2023; USCG-2025-0716, 90 FR 47587, Oct. 2, 2025]", "(a)  Regulations.  (1) The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the fireworks displays, air shows, and swim events listed in Tables 1 and 2 to \u00a7 165.151.\n\n(2) These regulations will be enforced for the duration of each event, on or about the dates indicated. In advance of the event, notifications will be made to the local maritime community through all appropriate means such as Local Notice to Mariners and Broadcast Notice to Mariners as to the exact dates and times of the enforcement period for an event. The USCG Northeast District Local Notice to Mariners can be found at:  http://www.navcen.uscg.gov.\n\n(3) Although listed in the Code of Federal Regulations, sponsors of events listed in Tables 1 and 2 to \u00a7 165.151 are still required to submit marine event applications in accordance with 33 CFR 100.15. Each application must:\n\n(i) Be submitted no less than 60 days before the date of the proposed event.\n\n(ii) If the proposed event does not have a specified date the sponsor shall hold the event during the month it is listed in Tables 1 or 2 to \u00a7 165.151.\n\n(iii) For those proposed events listed in Table 1 to \u00a7 165.151 to be held during the month of July, the event may take place during the final seven days of June.\n\n(iv) Any proposed event not being held on the specified date or within the month listed in Tables 1 or 2 to \u00a7 165.151 shall be considered a new marine event and the sponsor shall submit a new marine event application in accordance with 33 CFR 100.15 no less than 135 days before the start of the event.\n\n(b)  Definitions.  The following definitions apply to this section:\n\n(1)  Designated representative.  A \u201cdesignated representative\u201d is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound (LIS), 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.\n\n(2)  Official patrol vessels.  Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.\n\n(3)  Spectators.  All persons and vessels not registered with the event sponsor as participants or official patrol vessels.\n\n(c) Vessel operators desiring to enter or operate within the regulated areas should contact the COTP at 203-468-4401 (Sector LIS command center) or the designated representative via VHF channel 16 to obtain permission to do so.\n\n(d) Spectators or other vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through the Local Notice to Mariners, unless authorized by COTP or designated representative.\n\n(e) Upon being hailed by a U.S. Coast Guard vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.\n\n(f) The COTP or designated representative may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property.\n\n(g) The regulated area for all fireworks displays listed in Table 1 to \u00a7 165.151 is that area of navigable waters within a 1000 foot radius of the launch platform or launch site for each fireworks display, unless otherwise noted in Table 1 to \u00a7 165.151 or modified in USCG Northeast District Local Notice to Mariners at:  http://www.navcen.uscg.gov/.\n\n(h) The regulated area for all air shows is the entire geographic area described as the location for that show unless otherwise noted in Table 1 to \u00a7 165.151 or modified in USCG Northeast District Local Notice to Mariners at:  http://www.navcen.uscg.gov/.\n\n(i) Fireworks barges used in these locations will also have a sign on their port and starboard side labeled \u201cFIREWORKS\u2014STAY AWAY\u201d. This sign will consist of 10 inch high by 1.5 inch wide red lettering on a white background. Shore sites used in these locations will display a sign labeled \u201cFIREWORKS\u2014STAY AWAY\u201d with the same dimensions. These zones will be enforced from 8:30 p.m. to 10:30 p.m. each day a barge with a \u201cFIREWORKS\u2014STAY AWAY\u201d sign on the port and starboard side is on-scene or a \u201cFIREWORKS\u2014STAY AWAY\u201d sign is posted in a location listed in Table 1 to \u00a7 165.151.\n\n(j) For all swim events listed in Table 2 to \u00a7 165.151, vessels not associated with the event shall maintain a separation of at least 100 yards from the participants.\n\nTable 1 to \u00a7 165.151\n\nTable 2 to \u00a7 165.151\n\n[June, July & August]"], ["33:33:2.0.1.6.32.6.211.29", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.153 Regulated Navigation Area: Long Island Sound Marine Inspection and Captain of the Port Zone.", "USCG", "", "", "[CGD01-02-104, 68 FR 48802, Aug. 15, 2003, as amended by USCG-2006-24371, 74 FR 11213, Mar. 16, 2009; USCG-2015-0433, 80 FR 44283, July 27, 2015]", "(a)  Regulated Navigation Area location.  All waters of the Long Island Sound Marine Inspection and Captain of the Port (COTP) Zone, as delineated in 33 CFR 3.05-35, extending seaward 12 nautical miles from the territorial sea baseline, are established as a regulated navigation area (RNA).\n\n(b)  Applicability.  This section applies to all vessels operating within the RNA excluding public vessels.\n\n(c)  Definitions.  The following definitions apply to this section:\n\nCommercial service  means any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.\n\nFerry  means a vessel that:\n\n(1) Operates in other than ocean or coastwise service;\n\n(2) Has provisions only for deck passengers or vehicles, or both;\n\n(3) Operates on a short run on a frequent schedule between two points over the most direct water route; and\n\n(4) Offers a public service of a type normally attributed to a bridge or tunnel.\n\nPublic vessels  means vessels owned or bareboat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commercial service.\n\nTerritorial sea baseline  means the line defining the shoreward extent of the territorial sea of the United States drawn according to the principles, as recognized by the United States, of the Convention on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M. 1261. Normally, the territorial sea baseline is the mean low water line along the coast of the United States.\n\n(d)  Regulations.  (1) Speed restrictions in the vicinity of Naval Submarine Base New London and Lower Thames River. Unless authorized by the Captain of the Port (COTP), vessels of 300 gross tons or more may not proceed at a speed in excess of eight knots in the Thames River from New London Harbor channel buoys 7 and 8 (Light List numbers 21875 and 21880 respectively) north through the upper limit of the Naval Submarine Base New London Restricted Area, as that area is specified in 33 CFR 334.75(a). The U.S. Navy and other Federal, State and municipal agencies may assist the U.S. Coast Guard in the enforcement of this rule.\n\n(2)  Enhanced communications.  Vessels of 300 gross tons or more and all vessels engaged in towing barges must issue securit\u00e9 calls on marine band or Very High Frequency (VHF) radio channel 16 upon approach to the following locations:\n\n(i) Inbound approach to Cerberus Shoal; and\n\n(ii) Outbound approach to Race Rock Light (USCG Light List No. 19815).\n\n(3) All vessels operating within the RNA that are bound for a port or place located in the United States or that must transit the internal waters of the United States, must be inspected to the satisfaction of the U. S. Coast Guard, before entering waters within three nautical miles from the territorial sea baseline. Vessels awaiting inspection will be required to anchor in the manner directed by the COTP. This section does not apply to vessels operating exclusively within the Long Island Sound Marine Inspection and COTP Zone, vessels on a single voyage which depart from and return to the same port or place within the RNA, all towing vessels engaged in coastwise trade, vessels in innocent passage not bound for a port or place subject to the jurisdiction of the United States, and all vessels not engaged in commercial service whose last port of call was in the United States. Vessels requiring inspection by the COTP may contact the COTP via marine band or Very High Frequency (VHF) channel 16, telephone at (203) 468-4401, facsimile at (203) 468-4418, or letter addressed to Captain of the Port, Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.\n\n(4) All vessels operating within the RNA that are bound for a port or place located in the United States or that must transit the internal waters of the United States, must obtain authorization from the Captain of the Port (COTP) before entering waters within three nautical miles from the territorial sea baseline. Vessels awaiting COTP authorization to enter waters within three nautical miles from the territorial sea baseline will be required to anchor in the manner directed by the COTP. This section does not apply to vessels operating exclusively within the Long Island Sound Marine Inspection and COTP Zone, vessels on a single voyage which depart from and return to the same port or place within the RNA, all towing vessels engaged in coastwise trade, vessels in innocent passage not bound for a port or place subject to the jurisdiction of the United States, and all vessels not engaged in commercial service whose last port of call was in the United States. Vessels may request authorization from the COTP by contacting the COTP via marine band or Very High Frequency (VHF) channel 16, telephone at (203) 468-4401, facsimile at (203) 468-4418, or letter addressed to Captain of the Port, Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.\n\n(5) Vessels over 1,600 gross tons operating in the RNA within three nautical miles from the territorial sea baseline that are bound for a port or place located in the United States or that must transit the internal waters of the United States must receive authorization from the COTP prior to transiting or any intentional vessel movements, including, but not limited to, shifting berths, departing anchorage, or getting underway from a mooring. This section does not apply to vessels in innocent passage not bound for a port or place subject to the jurisdiction of the United States.\n\n(6)  Ferry vessels.  Vessels of 300 gross tons or more are prohibited from entering all waters within a 1200-yard radius of any ferry vessel transiting in any portion of the Long Island Sound Marine Inspection and COTP Zone without first obtaining the express prior authorization of the ferry vessel operator, master, COTP, or the designated COTP on-scene patrol.\n\n(7)  Vessels engaged in commercial service.  No vessel may enter within a 100-yard radius of any vessel engaged in commercial service while that vessel is transiting, moored, or berthed in any portion of the Long Island Sound Marine Inspection and COTP zone, without the express prior authorization of the vessel's operator, master, COTP, or the designated COTP on-scene representative.\n\n(8)  Bridge foundations.  Any vessel operating beneath a bridge must make a direct, immediate and expeditious passage beneath the bridge while remaining within the navigable channel. No vessel may stop, moor, anchor or loiter beneath a bridge at any time. No vessel may approach within a 25-yard radius of any bridge foundation, support, stanchion, pier or abutment except as required for the direct, immediate and expeditious transit beneath a bridge.\n\n(9) This section does not relieve any vessel from compliance with applicable Navigation Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E))."], ["33:33:2.0.1.6.32.6.211.3", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.100 Regulated Navigation Area: Navigable waters within the USCG Northeast District.", "USCG", "", "", "[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]", "(a)  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 USCG Northeast District, as defined in 33 CFR 3.05-1(b).\n\n(b)  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.\n\n(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.\n\n(d)  Regulations \u2014(1)  Positive control for barges.  (i) 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\u2014\n\n(A) A propulsion failure;\n\n(B) A parted towing line;\n\n(C) A loss of tow;\n\n(D) A fire;\n\n(E) Grounding;\n\n(F) A loss of steering; or\n\n(G) Any other time a vessel may be operating in a Hazardous Vessel Operating Condition as defined in \u00a7 161.2 of this Chapter.\n\n(ii) Double-hull tank barges are exempt from paragraph (d)(1)(i) of this section.\n\n(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\u2014\n\n(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\n\n(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.\n\n(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.\n\n(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:\n\n(i) Execution Rocks Light (USCG Light List No. [LLNR] 21440).\n\n(ii) Matinecock Point Shoal Lighted Gong Buoy 21 (LLNR 21420).\n\n(iii) 32A Buoy (LLNR 21380).\n\n(iv) Cable and Anchor Reef Lighted Bell Buoy 28C (LLNR 21330).\n\n(v) Stratford Shoal (Middle Ground) Light (LLNR 21260).\n\n(vi) Old Field Point Light (LLNR 21275).\n\n(vii) Approach to Stratford Point from the south (NOAA Chart 12370).\n\n(viii) Falkner Island Light (LLNR 21170).\n\n(ix) TE Buoy (LLNR 21160).\n\n(x) PI Buoy (LLNR 21080).\n\n(xi) Race Rock Light (LLNR 19815).\n\n(xii) Valiant Rock Lighted Whistle Buoy 11 (LLNR 19825).\n\n(xiii) Approach to Point Judith in vicinity of Block Island ferry route.\n\n(xiv) Buzzards Bay Entrance Light (LLNR 630).\n\n(xv) Buzzards Bay Midchannel Lighted Buoy BB (LLNR 16055)\n\n(xvi) Cleveland East Ledge Light (LLNR 016080).\n\n(xvii) Hog Island Channel Lighted Buoys 1 (LLNR 16130) and 2 (LLNR 16135).\n\n(xviii) Approach to the Bourne Bridge.\n\n(xix) Approach to the Sagamore Bridge.\n\n(xx) Approach to the eastern entrance of Cape Cod Canal.\n\n(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.\n\n(ii) The watch officer is authorized to make modifications to the plan and validate it as necessary.\n\n(iii) Except as provided in paragraph (d)(3)(iv) of this section, each voyage plan must contain:\n\n(A) A description of the type, volume, and grade of cargo.\n\n(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).\n\n(C) Current and forecasted weather, including visibility, wind, and sea state for the destination(s).\n\n(D) Data on tides and tidal currents for the destination(s).\n\n(E) Forward and after drafts of the tank barge, and under-keel and vertical clearances for each port and berthing area.\n\n(F) Pre-departure checklists.\n\n(G) Calculated speed and estimated times of arrival at proposed waypoints.\n\n(H) Communication contacts at Vessel Traffic Service (VTS) (if applicable), bridges, and facilities, and port-specific requirements for VHF radio.\n\n(I) The master's standing orders detailing closest points of approach, special conditions, and critical maneuvers.\n\n(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:\n\n(A) The information described in paragraphs (d)(3)(iii)(D) and (E) of this section.\n\n(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.\n\n(C) The channels of VHF radio to monitor.\n\n(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.\n\n(4)  Navigation restriction areas.  Unless authorized by the cognizant COTP, no tank barge may operate in\u2014\n\n(i) The waters of Cape Cod Bay south of latitude 42\u00b05\u2032 North and east of longitude 70\u00b025\u2032 West; or\n\n(ii) The waters of Fishers Island Sound east of longitude 72\u00b02\u2032 West, and west of longitude 71\u00b055\u2032 West.\n\n(5)  Special Buzzards Bay regulations.  (i) For the purposes of this section, \u201cBuzzards Bay\u201d 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\u00b027.2\u2032 North, longitude 71\u00b011.7\u2032 West, to the Buzzards Bay Entrance Light in approximate position latitude 41\u00b023.48\u2032 North, longitude 71\u00b002.5\u2032 West, and then to the southwestern tangent of Cuttyhunk Island, Massachusetts, at approximate position latitude 41\u00b024.6\u2032 North, longitude 70\u00b057.0\u2032 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 \u201cBuzzards Bay\u201d.\n\n(ii)  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\u2014\n\n(A) A propulsion failure;\n\n(B) A parted tow line;\n\n(C) A loss of tow;\n\n(D) A fire;\n\n(E) Grounding;\n\n(F) A loss of steering; or\n\n(G) Any other time a vessel may be operating in a Hazardous Vessel Operating Condition as defined in \u00a7 161.2 of this subchapter.\n\n(iii)  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 (\u201cfederally licensed pilot\u201d). Pilots are required to embark, direct, and control from the primary tug during transits of Buzzards Bay.\n\n(iv) In addition to the vessels denoted in \u00a7 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.\n\n(A) A VMRS Buzzards Bay user must:\n\n( 1 ) Not enter or get underway in the area without first notifying the VMRS Center;\n\n( 2 ) Not enter VMRS Buzzards Bay if a Hazardous Vessel Operating Condition or circumstance per \u00a7 161.2 of this Subchapter exists;\n\n( 3 ) If towing astern, do so with as short a hawser as safety and good seamanship permits;\n\n( 4 ) Not meet, cross, or overtake any other VMRS user in the area without first notifying the VMRS center;\n\n( 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)).\n\n(B) [Reserved]\n\n(e) In addition to the authority for this part 165, this section is also authorized under authority of section 311, Pub. L. 105-383."], ["33:33:2.0.1.6.32.6.211.30", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.154 Safety and Security Zones; Captain of the Port Long Island Sound Zone Safety and Security Zones.", "USCG", "", "", "[USCG-2008-0384, 77 FR 6961, Feb. 10, 2012, as amended by USCG-2021-0062, 86 FR 37051, July 14, 2021; USCG-2022-0082, 87 FR 47354, Aug. 3, 2022]", "The following areas are designated safety and security zones:\n\n(a)  Security zones.  (1) Dominion Millstone Nuclear Power Plant, Waterford, CT.\n\n(i) All navigable waters of Long Island Sound, from surface to bottom, North and Northeast of a line running from Bay Point, at approximate position 41\u00b018\u203234.20\u2033 N, 072\u00b010\u203224.60\u2033 W, to Millstone Point at approximate position 41\u00b018\u203215.00\u2033 N, 072\u00b09\u203257.60\u2033 W (NAD 83).\n\n(ii) All navigable waters of Long Island Sound, from surface to bottom, West of a line starting at 41\u00b018\u203242\u2033 N, 072\u00b009\u203239\u2033 W, running south to the Eastern most point of Fox Island at approximate position 41\u00b018\u203224.11\u2033 N, 072\u00b009\u203239.73\u2033 W (NAD 83).\n\n(2) Electric Boat Shipyard, Groton, CT.\n\n(i)  Location.  All navigable waters of the Thames River, from surface to bottom, West of the Electric Boat Corportation Shipyard enclosed by a line beginning at a point on the shoreline 41\u00b020\u2032 16\u2033 N, 72\u00b004 \u2032 47\u2033 W; then running West to 41\u00b020\u2032 16.2\u2033 N, 72\u00b004 \u203258.0\u2033 W; then running North to 41\u00b020\u203228.7\u2033 N, 72\u00b005\u203201.7\u2033 W; then North-Northwest to 41\u00b020\u203253.3\u2033 N, 72\u00b005\u203204.8\u2033 W; then North-Northeast to 41\u00b021\u203202.9\u2033 N, 72\u00b005\u203204.9\u2033 W; then running to shoreline at 41\u00b021\u203202.9\u2033 N, 72\u00b004\u203258.2\u2033 W (NAD 83).\n\n(ii)  Application.  Paragraphs (a),(e), (f) of \u00a7 165.33 do not apply to public vessels or to vessels owned by, under hire to, or performing work for the Electric Boat Division when operating in the security zone.\n\n(3) Naval Submarine Base New London, Groton, CT. All navigable waters of the Thames River, from surface to bottom, West of Naval Submarine Base New London, Groton, CT, enclosed by a line beginning at a point on the shoreline at 41\u00b023\u20327.9\u2033 N, 072\u00b005\u203213.7\u2033 W; then to 41\u00b023\u20327.9\u2033 N, 072\u00b005\u203216.9\u2033 W; then to 41\u00b023\u203226.42\u2033 N, 72\u00b05\u203230.771\u2033 W; then to 41\u00b023\u203242.9\u2033 N, 072\u00b005\u203240.1\u2033 W; then to 41\u00b023\u203246.7\u2033 N, 072\u00b005\u203242.3\u2033 W; then to 41\u00b023\u203253.9\u2033 N, 072\u00b005\u203244.5\u2033 W; then to 41\u00b024\u20328.7\u2033 N, 072\u00b005\u203244.5\u2033 W; then to 41\u00b024\u203216.2\u2033 N, 072\u00b005\u203243.4\u2033 W; then to a point on the shoreline 41\u00b024\u203216.2\u2033 N, 072\u00b005\u203236.4\u2033 W; then along the shoreline to the point of beginning (NAD 83).\n\n(4) U.S. Coast Guard Academy, New London, CT.\n\n(i)  Location.  All navigable waters of the Thames River, from surface to bottom, in a 500-yard radius from Jacobs Rock, approximate position 41\u00b022\u203222\u2033 N, 072\u00b005\u203240\u2033 W (NAD 83).\n\n(ii)  Enforcement period.  This rule will be enforced during visits by high-ranking officials and times of heighted security.\n\n(iii)  Notification.  The Captain of the Port will notify the maritime community of periods during which this security zone will be enforced by all appropriate means such as Local Notice to Mariners, Marine Safety Information Radio Broadcasts or on scene notice.\n\n(5) U.S. Coast Guard Vessels, Long Island Sound COTP Zone. All navigable waters within a 100-yard radius of any anchored U.S. Coast Guard vessel. For the purposes of this section, U.S. Coast Guard vessels includes any commissioned vessel or small boat in the service of the regular U.S. Coast Guard and does not include Coast Guard Auxiliary vessels.\n\n(b)  Safety zones.  (1) Coast Guard Station Fire Island, Long Island, NY. All waters of Fire Island Inlet from the shore out to a line beginning at a point on shore at 40\u00b037\u203231.4\u2033 N, 073\u00b015\u203241.1\u2033 W; then North to 40\u00b037\u203235.6\u2033 N, 073\u00b015\u203243.1\u2033 W; then East to 40\u00b037\u203236.7\u2033 N, 073\u00b015\u203239.8\u2033 W; then East to 40\u00b037\u203237.8\u2033 N, 073\u00b015\u203236.6\u2033 W; then East to 40\u00b037\u203241.1\u2033 N, 073\u00b015\u203233.5\u2033 W; then Southeast to 40\u00b037\u203239.7\u2033 N, 073\u00b015\u203227.0\u2033 W; then Southeast to 40\u00b037\u203237.5\u2033 N, 073\u00b015\u203222.1\u2033 W; then Southeast to 40\u00b037\u203237.6\u2033 N, 073\u00b015\u203219.1\u2033 W; then Southeast to point on shore at 40\u00b037\u203233.9\u2033 N, 073\u00b015\u203220.8\u2033 W (NAD 83).\n\n(2) [Reserved]\n\n(c)  Regulations.  (1) The general regulations contained in \u00a7 165.23 and \u00a7 165.33 of this part apply. Entering into, remaining within or cause an article or thing to enter into or remain within these safety and security zones is prohibited unless authorized by the Captain of the Port or a designated representative.\n\n(2) These safety and security zones are closed to all vessel traffic, except as may be permitted by the Captain of the Port (COTP) or a designated representative. Vessel operators given permission to enter or operate in the security zones must comply with all directions given to them by the COTP or the designated representative.\n\n(3) The \u201cdesignated representative\u201d is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port to act on his/her behalf. The on-scene representative may be on a Coast Guard vessel, a state or local law enforcement vessel, or other designated craft, 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.\n\n(4) Vessel operators desiring to enter or operate within the security zones shall request permission to do so by contacting the Captain of the Port Sector Long Island Sound at 203-468-4401, or via VHF Channel 16."], ["33:33:2.0.1.6.32.6.211.31", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.156 Regulated Navigation Area: East Rockaway Inlet to Atlantic Beach Bridge, Nassau County, Long Island, New York.", "USCG", "", "", "[USCG-2008-0085, 74 FR 57887, Nov. 10, 2009, as amended by USCG-2015-0433, 80 FR 44283, July 27, 2015]", "(a)  Location.  The following area is a Regulated Navigation Area: All waters of East Rockaway Inlet in an area bounded by lines drawn from position 40\u00b034\u203256\u2033 N, 073\u00b045\u203219\u2033 W, (approximate position of East Rockaway Inlet Breakwater Light, LLNR 31500) running north to a point of land on the northwest side of the inlet at position 40\u00b035\u203228\u2033 N, 073\u00b046\u203212\u2033 W, thence easterly along the shore to the east side of the Atlantic Beach Bridge, State Route 878, over East Rockaway Inlet, thence across the bridge to the south side of East Rockaway Inlet, thence westerly along the shore and across the water to the beginning.\n\n(b)  Regulations.  (1) The general regulations contained in 33 CFR 165.10, 165.11, and 165.13 apply.\n\n(2) In accordance with the general regulations, the following regulations apply to vessels carrying petroleum products in excess of 250 barrels:\n\n(i) The vessel must have plans in place to maintain a minimum of two feet under keel clearance at all times.\n\n(ii) A vessel requiring a nighttime transit through East Rockaway Inlet may only do so only after receiving approval from the Captain of the Port Long Island Sound.\n\n(iii) Vessels are prohibited from transiting East Rockaway Inlet if a small craft advisory or greater has been issued for the area unless specific approval is received from the Captain of the Port Long Island Sound.\n\n(iv) In an emergency, any vessel may deviate from the regulations in this section to the extent necessary to avoid endangering the safety of persons, the environment, and or property. If deviation from the regulations is necessary, the master or their designee shall inform the Coast Guard as soon as it is practicable to do so.\n\n(c)  Waivers.  (1) The Captain of the Port Long Island Sound may, upon request, waive any regulation in this section.\n\n(2) An application for a waiver must state the need for the waiver and describe the proposed vessel operations through the Regulated Navigation Area."], ["33:33:2.0.1.6.32.6.211.32", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.160 Safety Zones; Recurring Fireworks Displays and Swim Events Held in Coast Guard Sector New York Zone.", "USCG", "", "", "[USCG-2023-0075, 88 FR 55574, Aug. 16, 2023, as amended by USCG-2025-0716, 90 FR 47587, Oct. 2, 2025]", "(a)  Regulations.  The general regulations in subpart C of this part as well as the following regulations apply to the safety zones associated with the recurring fireworks displays and swim events listed in tables 1 or 2 to this section, respectively.\n\n(1) Under the general safety zone regulations in subpart C of this part, no person may enter the safety zone described in table 1 or 2 of this section unless authorized by the Captain of the Port (COTP) or the COTP's Designated Representative.\n\n(2) To seek permission to enter the designated safety zone, contact the COTP or the COTP's Designated Representative via VHF-FM Marine Channel 16, or by contacting the Coast Guard Sector New York command center at 718-354-4356.\n\n(3) Event organizers must ensure that fireworks barges have signage on their port and starboard side labeled \u201cFireworks\u2014Stay Away\u201d. This sign will consist of 10-inch-high by 1.5-inch-wide red lettering on a white background.\n\n(4) Shore sites used in these locations will display a sign labeled \u201cFireworks\u2014Stay Away\u201d with the same dimensions.\n\n(b)  Definitions.  As used in this section:\n\nDesignated representative  means any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port 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.\n\nOfficial Patrol Vessels  means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned as an on- scene representative or approved by the COTP.\n\nSpectators  means all persons and vessels not registered with the event sponsor as participants or official patrol vessels.\n\n(c)  Enforcement periods.  (1) Safety zones for fireworks-display events listed in Table 1 of this section will be subject to enforcement for approximately one hour between 6 p.m. to 1 a.m. when a barge with a \u201cFireworks\u2014Stay Away\u201d sign on the port and starboard side is on-scene or a \u201cFireworks\u2014Stay Away\u201d sign is posted in a location listed in Table 1 to \u00a7 165.160.\n\n(2) The regulations in this section will be subject to enforcement for the duration of each event on or about the dates indicated in Table 2 of this section.\n\n(3) For events in Tables 1 and 2 that do not have a date or location listed, or if the event occurs on a date or location other than the one that is listed, then exact dates and times of the enforcement period will be announced via marine broadcast, local notice to mariners, distribution in leaflet form, local news media, or by an on-scene oral notice as appropriate.\n\n(4) Notifications of enforcement times for events listed in Table 1 and 2, including any changes to the enforcement dates or times listed in this section, may be made via marine broadcasts, local notice to mariners, local news media, distribution in leaflet form, or by an on-scene oral notice and signage.\n\n(d)  Location.  If the specific location of a safety zone for fireworks displays is not listed in Table 1, an announcement will be made by marine broadcast, local notice to mariners, distribution in leaflet form, local news media, or by an on-scene oral notice as appropriate. The specific locations of swim event safety zones are listed in Table 2. Any modification to the location of safety zones described in this section will be listed in USCG Northeast District Local Notice to Mariners at:  http://www.navcen.uscg.gov/.\n\nTable 1 to \u00a7 165.160\u2014Fireworks Displays\n\n1  All coordinates listed in Table 1 to \u00a7 165.01-165.160 reference Datum NAD 1983.\n\nTable 2 to \u00a7 165.160\u2014Swim Events\n\n1  All coordinates listed in Table 2 to \u00a7 165.01-165.160 reference Datum NAD 1983."], ["33:33:2.0.1.6.32.6.211.33", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.162 Safety Zone; Witt-Penn Bridge Construction, Hackensack River, Jersey City, NJ.", "USCG", "", "", "[USCG-2014-1008, 80 FR 76211, Dec. 8, 2015]", "(a)  Location.  The following area is a safety zone: All waters from surface to bottom of the Hackensack River bound by the following approximate positions: North of a line drawn from 40\u00b044\u203227.4\u2033 N., 074\u00b005\u203209.8\u2033 W. to 40\u00b044\u203222.9\u2033 N., 074\u00b004\u203253.1\u2033 W. (NJ PATH Bridge at mile 3.0), and south of a line drawn from 40\u00b044\u203233.2\u2033 N., 074\u00b004\u203251.0\u2033 W. to 40\u00b044\u203228.2\u2033 N., 074\u00b004\u203242.7\u2033 W. (500 feet north of the new Witt-Penn Bridge) (NAD 83).\n\n(b)  Definitions.  The following definitions apply to this section:\n\n(1)  Designated representative.  A \u201cdesignated representative\u201d is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP) to act on his or her behalf. A 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.\n\n(2)  Official patrol vessels.  Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.\n\n(c)  Enforcement periods.  (1) This safety zone is in effect permanently starting January 7, 2016, but will only be enforced when deemed necessary by the COTP.\n\n(2) The Coast Guard will rely on the methods described in \u00a7 165.7 to notify the public of the time and duration of any closure of the safety zone. Violations of this safety zone may be reported to the COTP at 718-354-4353 or on VHF-Channel 16.\n\n(d)  Regulations.  (1) The general regulations contained in \u00a7 165.23, as well as paragraphs (d)(2) and (3) of this section, apply.\n\n(2) During periods of enforcement, all persons and vessels must comply with all orders and directions from the COTP or a COTP's designated representative.\n\n(3) During periods of enforcement, upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of the vessel must proceed as directed."], ["33:33:2.0.1.6.32.6.211.34", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.163 Safety Zones; Port of New York/New Jersey Fleet Week.", "USCG", "", "", "[CGD1-98-170, 64 FR 24946, May 10, 1999, as amended by USCG-2015-0433, 80 FR 44283, July 27, 2015]", "(a) The following areas are established as safety zones:\n\n(1)  Safety Zone A \u2014(i)  Location.  A moving safety zone for the Parade of Ships including all waters 500 yards ahead and astern, and 200 yards of each side of the designated column of parade vessels as it transits the Port of New York and New Jersey from the Verrazano Narrows Bridge to Riverside State Park on the Hudson River between West 137th and West 144th Streets, Manhattan.\n\n(ii)  Enforcement period.  Paragraph (a)(1)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the Wednesday before Memorial Day.\n\n(2)  Safety Zone B \u2014(i)  Location.  A safety zone including all waters of the Hudson River between Piers 83 and 90, Manhattan, from the parade column east to the Manhattan shoreline.\n\n(ii)  Enforcement period.  Paragraph (a)(2)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the Wednesday before Memorial Day.\n\n(3)  Safety Zone C \u2014(i)  Location.  A moving safety zone including all waters of the Hudson River within a 200-yard radius of each parade vessel upon its leaving the parade of ships until it is safely berthed.\n\n(ii)  Enforcement period.  Paragraph (a)(3)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the Wednesday before Memorial Day.\n\n(4)  Safety Zone D \u2014(i)  Location.  A safety zone including all waters of the Hudson River bound by the following points: from the southeast corner of Pier 90, Manhattan, where it intersects the seawall, west to approximate position 40\u00b046\u203210\u2033 N 074\u00b000\u203213\u2033 W (NAD 1983), south to approximate position 40\u00b045\u203254\u2033 N 074\u00b000\u203225\u2033 W (NAD 1983), then east to the northeast corner of Pier 83 where it intersects the seawall.\n\n(ii)  Enforcement period.  Paragraph (a)(4)(i) of this section is enforced annually from 10 a.m. until 5 p.m., from Friday through Monday, Memorial Day weekend.\n\n(5)  Safety Zone E \u2014(i)  Location.  A moving safety zone including all waters 500 yards ahead and astern, and 200 yards on each side of the departing U.S. Navy Aircraft or Helicopter Carrier as it transits the Port of New York and New Jersey from its mooring at the Intrepid Sea, Air and Space Museum, Manhattan, to the COLREGS Demarcation line in the vicinity of Ambrose Channel Lighted Bell Buoy 6 (LLNR 34805).\n\n(ii)  Enforcement period.  Paragraph (a)(5)(i) of this section is enforced annually on the Wednesday following Memorial Day. Departure time is dependent on tide, weather, and granting of authority for departure by the Captain of the Port, New York.\n\n(b)  Effective period.  This section is effective annually from 8 a.m. on the Wednesday before Memorial Day until 4 p.m. on the Wednesday following Memorial Day.\n\n(c)  Regulations.  (1) The general regulations contained in 33 CFR 165.23 apply.\n\n(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. these personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed."], ["33:33:2.0.1.6.32.6.211.35", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.164 Security Zones; Dignitary Arrival/Departure and United Nations Meetings, New York, NY.", "USCG", "", "", "[USCG-2013-1009, 79 FR 78308, Dec. 30, 2014, as amended by USCG-2017-1081, 84 FR 6974, Mar. 1, 2019; USCG-2025-0716, 90 FR 47587, Oct. 2, 2025]", "(a)  Location.  The following areas are security zones:\n\n(1)  Wall Street Heliport.  All waters of the East River within the following boundaries: East of a line drawn between approximate position 40\u00b042\u203201\u2033 N, 074\u00b000\u203239\u2033 W (east of The Battery) to 40\u00b041\u203236\u2033 N, 074\u00b000\u203252\u2033 W (point north of Governors Island) and north of a line drawn from the point north of Governors Island to the southwest corner of Pier 7 North, Brooklyn; and south of a line drawn between 40\u00b042\u203214.8\u2033 N, 074\u00b000\u203220.3\u2033 W (Wall Street, Manhattan), and the northwest corner of Pier 2 North, Brooklyn (NAD 1983).\n\n(2)  Randalls and Wards Islands:  All waters of the East River between the Hell Gate Rail Road Bridge (mile 8.2), and a line drawn from a point at approximate position 40\u00b047\u203227.12\u2033 N, 073\u00b054\u203235.14\u2033 W (Lawrence Point, Queens) to a point at approximate position 40\u00b047\u203252.55\u2033 N, 073\u00b054\u203235.25\u2033 W (Port Morris Stacks), and all waters of the Bronx Kill southeast of the Bronx Kill Rail Road Bridge (mile 0.6) (NAD 1983).\n\n(3)  Marine Air Terminal, LaGuardia Airport Security Zone.  All waters of Bowery Bay, Queens, New York, inside of a line drawn from the start of the Rikers Island Bridge in Queens at approximate position 40\u00b046\u203237\u2033 N, 073\u00b053\u203230\u2033 W to the intersecting point on the southern side of Rikers Island at approximate position 40\u00b047\u203212\u2033 N, 073\u00b053\u203206\u2033 W, then a line drawn east to the western end of LaGuardia Airport at approximate position 40\u00b047\u203200\u2033 N, 073\u00b052\u203244\u2033 W, then a line drawn south following the shoreline back to the point of origin at 40\u00b046\u203237\u2033 N, 073\u00b053\u203230\u2033 W (NAD 1983).\n\n(4)  United Nations Manhattan Shoreline.  All waters of the East River bound by the following points: 40\u00b044\u203237\u2033 N, 073\u00b058\u203216.5\u2033 W (the base of East 35th Street, Manhattan), then east to 40\u00b044\u203234.5\u2033 N, 073\u00b058\u203210.5\u2033 W (about 180 yards offshore of Manhattan), then northeasterly to 40\u00b045\u203229\u2033 N, 073\u00b057\u203226.5\u2033 W (about 125 yards offshore of Manhattan at the Queensboro Bridge), then northwesterly to 40\u00b045\u203231\u2033 N, 073\u00b057\u203230.5\u2033 W (Manhattan shoreline at the Queensboro Bridge), then southerly along the shoreline to the starting point at 40\u00b044\u203237\u2033 N, 073\u00b058\u203216.5\u2033 W (NAD 1983).\n\n(5)  United Nations West Channel Closure.  All waters of the East River north of a line drawn from approximate position 40\u00b044\u203237\u2033 N, 073\u00b058\u203216.5\u2033 W (the base of East 35th Street, Manhattan), to approximate position 40\u00b044\u203231.04\u2033 N, 073\u00b058\u203203.10\u2033 W (approximately 400 yards east of the Manhattan shoreline), all waters west of a line drawn from approximate position 40\u00b044\u203231.04\u2033 N, 073\u00b058\u203203.10\u2033 W (approximately 400 yards east of the Manhattan shoreline), to the southern tip of Roosevelt Island at approximate position 40\u00b044\u203257.96\u2033 N, 073\u00b057\u203241.57\u2033 W, then along the western shoreline of Roosevelt Island to the Queensboro Bridge, and all waters south of the Queensboro Bridge (NAD 1983).\n\n(6)  United Nations Full River Closure.  All waters of the East River north of a line drawn from approximate position 40\u00b044\u203237\u2033 N, 073\u00b058\u203216.5\u2033 W (the base of East 35th Street, Manhattan), to approximate position 40\u00b044\u203223\u2033 N, 073\u00b057\u203244.5\u2033 W (Hunters Point, Long Island City), and south of the Queensboro Bridge (NAD 1983).\n\n(b)  Definitions.\n\nAs used in this section\u2014\n\nDesignated representative  means any Coast Guard commissioned, warrant, or petty officer who has been designated by the COTP to act on the COTP's behalf. A designated representative may be on a Coast Guard vessel, or onboard a federal, state, or local agency vessel that is authorized to act in support of the Coast Guard.\n\nDignitary  means the President or Vice President of the United States, or visiting heads of foreign states or governments.\n\n(c)  Regulations.  In accordance with the general regulations in 33 CFR 165.33, no person or vessel may enter or move within a security zone created by this section while that security zone is being enforced unless granted permission to do so by the Coast Guard's Northeast District Commander, the COTP, or a designated representative. Vessel operators and persons given permission to enter or operate in a security zone must comply with all directions given to them by the COTP, or a designated representative. Upon being hailed by a U.S. Coast Guard or other duly authorized law enforcement vessel (e.g., New York City police) by siren, radio, flashing lights, or other means, the operator of a vessel must proceed as directed, and follow any instructions to anchor or moor up to a waterfront facility.\n\n(d)  Enforcement periods.  The security zone described in paragraph (a)(4) of this section is subject to enforcement at all times. All other security zones established by this section will only be enforced when necessary to protect dignitaries as determined by the COTP.\n\n(e)  Notification.  Because the security zone described in paragraph (a)(4) of this section is subject to enforcement at all times, the Coast Guard will not necessarily take any action to further notify the public about the enforcement of that zone. As for the enforcement periods for the other security zones contained herein, the Coast Guard will rely on the methods described in 33 CFR 165.7 to notify the public of the time and duration of any enforcement period. The COTP may also notify the public about enforcement of these security zones via  http://homeport.uscg.mil/newyork .\n\n(f)  Contact information.  Vessel operators desiring to enter or operate within a security zone shall telephone the COTP at 718-354-4356 or a designated representative via VHF channel 16 to obtain permission to do so."], ["33:33:2.0.1.6.32.6.211.36", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.165 Regulated Navigation Area; Hudson River South of the Troy Locks, NY.", "USCG", "", "", "[USCG-2010-0794, 76 FR 8656, Feb. 15, 2011]", "(a)  Regulated navigation area.  All navigable waters of the Hudson River south of the Troy Locks.\n\n(b)  Definitions.  The following definitions apply to this section:\n\n(1)  Designated representative  means any Coast Guard commissioned, warrant, or petty officer, or a Federal, State, or local law enforcement officer designated by or assisting the Captain of the Port (COTP) New York.\n\n(2)  Horsepower (HP)  means the total maximum continuous shaft horsepower of all the vessel's main propulsion machinery.\n\n(c)  Applicability.  This section applies to tugs with less than 3,000 horsepower when engaged in towing operations.\n\n(d)  Regulations.  (1) Except as provided in paragraph (c)(3) of this section, vessels less than 3,000 horsepower while engaged in towing operations are not authorized to transit that portion of the Hudson River south of the Troy Locks when ice thickness on average is eight inches or greater.\n\n(2) All Coast Guard assets enforcing this Regulated Navigation Area can be contacted on VHF marine band radio, channel 13 or 16. The COTP can be contacted at (718) 354-4356, and the public may contact the COTP to suggest changes or improvements in the terms of this Regulated Navigation Area.\n\n(3) All persons desiring to transit through a portion of the regulated area that has operating restrictions in effect must contact the COTP at telephone number (718) 354-4356 or on VHF channel 13 or 16 to seek permission prior to transiting the affected regulated area.\n\n(4) The COTP will notify the public of any changes in the status of this Regulated Navigation Area by Marine Safety Information Broadcast on VHF-FM marine band radio, channel 22A (157.1 MHZ)."], ["33:33:2.0.1.6.32.6.211.37", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.166 Safety Zones; Coast Guard Captain of the Port New York Zone Drone Displays.", "USCG", "", "", "[Doc. No. USCG-2024-0225, 89 FR 68104, Aug. 23, 2024]", "(a)  Locations.  The following areas are designated zones in which a safety zone with a radius up to 500-yards will be established for drone shows. The establishment of a safety zone within a designated zone requires the coordinates defining the center of the safety zone to be within the boundaries of one of the zones described as follows:\n\n(1)  Hudson River Zone 1:  All waters of the Hudson River to include Morris Canal Basin in the vicinity of lower Manhattan, from surface to bottom, encompassed by a line connecting the following points beginning at 40\u00b042\u203220.9\u2033 N, 74\u00b002\u203205.7\u2033 W; traveling north along the shoreline thence to 40\u00b046\u203241.1\u2033 N, 74\u00b000\u203230.4\u2033 W; thence to 40\u00b046\u203222.2\u2033 N, 73\u00b059\u203238.3\u2033 W; traveling south along the shoreline thence to 40\u00b042\u203202.0\u2033 N, 74\u00b000\u203251.1\u2033 W; and back to the point of origin.\n\n(2)  East River Zone 2:  All waters of the East River in the vicinity of lower Manhattan, from surface to bottom, encompassed by a line connecting the following points beginning at 40\u00b042\u203201.6\u2033 N, 74\u00b000\u203248.7\u2033 W; traveling north along the shoreline thence to 40\u00b046\u203238.0\u2033 N, 73\u00b056\u203231.6\u2033 W; thence to 40\u00b046\u203233.2\u2033N, 73\u00b056\u203213.4\u2033 W; traveling south along the shoreline thence to 40\u00b044\u203217.2\u2033 N, 73\u00b057\u203238.7\u2033 W; thence to 40\u00b044\u203211.6\u2033 N, 73\u00b057\u203237.0\u2033 W; continuing south along the shoreline thence to 40\u00b041\u203235.7\u2033 N, 74\u00b000\u203214.3\u2033 W; and back to the point of origin. These coordinates are based on Datum WGS 84.\n\n(b)  Definitions.  As used in this section:\n\nDesignated representative  means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port New York Zone in the enforcement of the safety zone.\n\nOfficial Patrol Vessels  means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned as an on-scene representative approved by the COTP.\n\nSpectators  means all persons and vessels not registered with the event sponsor as participants or official patrol vessels.\n\n(c)  Regulations.  (1) When enforced, under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP's designated representative.\n\n(2) To seek permission to enter the designated safety zone, contact the COTP or the COTP's Designated Representative via VHF-FM Marine Channel 16, or by contacting the Coast Guard Sector New York command center at 718-354-4356. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative.\n\n(d)  Enforcement periods.  The COTP will make notification of the exact dates and times in advance of each enforcement period for the locations above in paragraph (a) of this section to the local maritime community through marine broadcasts, local notice to mariners, local news media, distribution in leaflet form, or by an on-scene oral notice and signage."], ["33:33:2.0.1.6.32.6.211.38", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.169 Safety and Security Zones: New York Marine Inspection Zone and Captain of the Port Zone.", "USCG", "", "", "[CGD01-02-132, 68 FR 2890, Jan. 22, 2003, as amended by CGD01-03-036, 69 FR 2670, Jan. 20, 2004; CGD01-03-020, 69 FR 23306, June 15, 2004; USCG-2008-0179, 73 FR 35017, June 19, 2008; USCG-2007-0074, 74 FR 7191, Feb. 13, 2009; USCG-2016-0799, 83 FR 30044, June 27, 2018; USCG-2018-0532, 85 FR 5570, Jan. 31, 2020; USCG-2024-1103, 90 FR 52879, Nov. 24, 2025]", "(a)  Safety and security zones.  The following waters within the New York Marine Inspection Zone and Captain of the Port Zone are safety and security zones:\n\n(1)  Indian Point Nuclear Power Station (IPNPS).  All waters of the Hudson River within a 300-yard radius of the IPNPS pier in approximate position 41\u00b016\u203212.4\u2033 N, 073\u00b057\u203216.2\u2033 W (NAD 83).\n\n(2)  U.S. Coast Guard Cutters and Shore Facilities.  All waters within 100 yards of: Each moored, or anchored, Coast Guard Cutter; Coast Guard Station New York, Staten Island, NY; Coast Guard Station Sandy Hook, NJ; Coast Guard Station Kings Point, NY; and Coast Guard Aids to Navigation Team New York, Bayonne, NJ.\n\n(3)  Part 105 Facilities \u2014(i)  Definition.  For the purposes of this section,  Part 105 Facility  means any facility subject to the regulations contained in 33 CFR part 105, including those designated as \u201cPublic Access Facilities\u201d as defined in 33 CFR 101.105. For public identification purposes, all of these facilities are required to have signs posted along the shoreline, facing the water, indicating that there is a 25 yard waterfront security zone surrounding the facilities.\n\n(ii)  Location.  All waters within 25 yards of each Part 105 Facility. When a barge, ferry, or other commercial vessel is conducting transfer operations at a Part 105 Facility, the 25-yard zone is measured from the outboard side of the commercial vessel.\n\n(iii)  Regulations.  (A) Vessels not actively engaged in passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations, or docking or undocking operations, authorized in advance by the Facility Security Plan, Facility Security Officer or designated representative, must not enter within any part of a zone described in paragraph (a)(3) of this section without the express permission of the Coast Guard Captain of the Port, a designated representative or designated on-scene patrol personnel.\n\n(B) Persons seeking Captain of the Port permission to enter within a particular zone for official business other than authorized passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations or authorized docking or undocking operations may request such authorization by contacting: Commander Coast Guard Sector New York, via the Sector Command Center (SCC), at: 212 Coast Guard Drive, Staten Island, NY 10305, or via fax to (718) 354-4125 or by contacting the Sector Command Center Duty Officer by phone at: (718) 354-4353.\n\n(C) Vessels may transit through any portion of the zone that extends into the navigable channel for the sole purpose of direct and expeditious transit so long as they remain within the navigable channel, maintain the maximum safe distance from the Part 105 facility, and do not stop or loiter within the zone.\n\n(4)  Liberty and Ellis Islands \u2014(i)  Location.  All waters within 150 yards of Liberty Island and Ellis Island, and the Ellis Island Bridge.\n\n(ii)  Ellis Island Bridge.  In addition to any person or vessel authorized pursuant to paragraph (b) of this section, vessels may transit underneath the Ellis Island Bridge subject to the following conditions:\n\n(A) Dates/Times: On weekends only, to include Federally Observed Holidays on a Friday or Monday, from Memorial Day Weekend through October 1 each year, between one hour after sunrise and one hour before sunset.\n\n(B) Vessel types: Human powered vessels equal to or less than twenty five feet. Human powered vessels must be able to safely navigate under the bridge.\n\n(C) Notification: Human powered vessels desiring to transit shall contact the United States Park Police Command Center at 212-363-3260 or VHF CH 13 regarding intentions of passage prior to entering the safety and security zone and transiting under the Ellis Island Bridge.\n\n(D) Route: Transits through the safety and security zone and under the bridge shall occur only at the designated route marked with lights and signage.\n\n(E) Passage: Vessels transiting under the Ellis Island Bridge shall make expeditious passage and not stop or loiter within the safety and security zone.\n\n(iii)  Enforcement period.  The safety and security zone described in this subsection is effective at all times. Although certain vessels have permission to enter the safety and security zone to transit under the Ellis Island Bridge subject to the conditions outlined in paragraphs (a)(4)(ii)(A)-(E) of this section, the safety and security zone is in effect permanently and can be enforced at any time. When deemed necessary the COTP may rescind the permission granted in paragraphs (a)(4)(ii)(A)-(E) of this section for any period of time.\n\n(5)  Bridge Piers and Abutments, Overhead Power Cable Towers, Piers and Tunnel Ventilators.  All waters within 25 yards of any bridge pier or abutment, overhead power cable tower, pier or tunnel ventilators south of the Troy, NY Locks. Vessels may transit through any portion of the zone that extends into the navigable channel for the sole purpose of direct and expeditious transit through the zone so long as they remain within the navigable channel, maintain the maximum safe distance from the waterfront facility and do not stop or loiter within the zone.\n\n(6)  New York City Passenger Ship Terminal, Hudson River, NY \u2014(i)  Location.  All navigable waters of the Hudson River bound by the following points: From the point 40\u00b046\u203209\u2033 N, 073\u00b059\u203248.7\u2033 W on the seawall midway between Pier 92 and 94, thence northwest to approximate position 40\u00b046\u203214\u2033 N, 074\u00b000\u203200.9\u2033 W, approximately 125 yards northwest of Pier 92, thence southwest to approximate position 40\u00b045\u203256.7\u2033 N, 074\u00b000\u203215.3\u2033 W, approximately 150 yards west of Pier 86, thence east to the seawall between Pier 84 and Pier 86 at approximate position 40\u00b045\u203249.6\u2033 N, 073\u00b059\u203258.1\u2033 W (NAD 1983), thence northeast along the shoreline to the point of origin.\n\n(ii)  Regulations.  Vessels not actively engaged in passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations, or docking or undocking operations, authorized in advance by the Facility Security Plan, Facility Security Officer or designated representative, must not enter within any part of a zone described in paragraph (a)(6) of this section without the express permission of the Coast Guard Captain of the Port, a designated representative or designated on-scene patrol personnel. Persons seeking Captain of the Port permission to enter within the zone described in paragraph (a)(6) of this section for official business other than authorized passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations or authorized docking or undocking operations may request such authorization by contacting: Commander Coast Guard Sector New York, via the Sector Command Center (SCC), at: 212 Coast Guard Drive, Staten Island, NY 10305, or via fax to (718) 354-4125 or by contacting the Sector Command Center Duty Officer by phone at: (718) 354-4353.\n\n(7)  La Guardia Airport, Bowery and Flushing Bays, Queens, NY \u2014(i)  Location: 200-Yard Zone.  All waters of Bowery and Flushing Bays within approximately 200 yards of La Guardia Airport bound by the following points: Onshore at Steinway, Queens, in approximate position 40\u00b046\u203232.1\u2033 N, 073\u00b053\u203222.4\u2033 W, thence to 40\u00b046\u203252.8\u2033 N, 073\u00b053\u203209.3\u2033 W, thence to 40\u00b046\u203254.8\u2033 N, 073\u00b052\u203254.2\u2033 W, thence to 40\u00b046\u203259.3\u2033 N, 073\u00b052\u203251.3\u2033 W, thence to 40\u00b047\u203211.8\u2033 N, 073\u00b053\u203217.3\u2033 W, thence to 40\u00b047\u203213.0\u2033 N, 073\u00b053\u203216.1\u2033 W on Rikers Island, thence easterly along the Rikers Island shoreline to approximate position 40\u00b047\u203212.9\u2033 N, 073\u00b052\u203217.9\u2033 W, thence to 40\u00b047\u203216.7\u2033 N, 073\u00b052\u203209.2\u2033 W, thence to 40\u00b047\u203236.1\u2033 N, 073\u00b051\u203252.5\u2033 W, thence to 40\u00b047\u203235.1\u2033 N, 073\u00b051\u203250.5\u2033 W, thence to 40\u00b047\u203215.9\u2033 N, 073\u00b052\u203206.4\u2033 W, thence to 40\u00b047\u203214.5\u2033 N, 073\u00b052\u203203.1\u2033 W, thence to 40\u00b047\u203210.6\u2033 N, 073\u00b052\u203206.7\u2033 W, thence to 40\u00b047\u203201.9\u2033 N, 073\u00b052\u203202.4\u2033 W, thence to 40\u00b046\u203250.4\u2033 N, 073\u00b052\u203208.1\u2033 W, thence to 40\u00b046\u203226.8\u2033 N, 073\u00b051\u203218.5\u2033 W, thence to 40\u00b045\u203257.2\u2033 N, 073\u00b051\u203201.8\u2033 W, thence to 40\u00b045\u203251.2\u2033 N, 073\u00b050\u203259.6\u2033 W, thence to 40\u00b045\u203249.5\u2033 N, 073\u00b051\u203207.2\u2033 W, thence to 40\u00b045\u203258.8\u2033 N, 073\u00b051\u203213.2\u2033 W, thence to 40\u00b046\u203202.3\u2033 N, 073\u00b051\u203220.1\u2033 W, thence to 40\u00b045\u203248.4\u2033 N, 073\u00b051\u203237.0\u2033 W, (NAD 1983) thence along the shoreline to the point of origin.\n\n(ii)  Location: 100-Yard Zone.  All waters of Bowery and Flushing Bays within approximately 100 yards of La Guardia Airport bound by the following points: Onshore at Steinway, Queens, in approximate position 40\u00b046\u203232.1\u2033 N, 073\u00b053\u203222.4\u2033 W, thence to 40\u00b046\u203250.6\u2033 N, 073\u00b053\u203207.3\u2033 W, thence to 40\u00b046\u203253.0\u2033 N, 073\u00b052\u203250.9\u2033 W, thence to 40\u00b046\u203257.6\u2033 N, 073\u00b052\u203247.9\u2033 W, thence to 40\u00b047\u203211.8\u2033 N, 073\u00b053\u203217.3\u2033 W, thence to 40\u00b047\u203213.0\u2033 N, 073\u00b053\u203216.1\u2033 W on Rikers Island, thence easterly along the Rikers Island shoreline to approximate position 40\u00b047\u203212.9\u2033 N, 073\u00b052\u203217.9\u2033 W, thence to 40\u00b047\u203216.7\u2033 N, 073\u00b052\u203209.2\u2033 W, thence to 40\u00b047\u203236.1\u2033 N, 073\u00b051\u203252.5\u2033 W, thence to 40\u00b047\u203235.1\u2033 N, 073\u00b051\u203250.5\u2033 W, thence to 40\u00b047\u203215.9\u2033 N, 073\u00b052\u203206.4\u2033 W, thence to 40\u00b047\u203214.5\u2033 N, 073\u00b052\u203203.1\u2033 W, thence to 40\u00b047\u203207.9\u2033 N, 073\u00b052\u203209.2\u2033 W, thence to 40\u00b047\u203201.4\u2033 N, 073\u00b052\u203206.1\u2033 W, thence to 40\u00b046\u203250.0\u2033 N, 073\u00b052\u203214.6\u2033 W, thence to 40\u00b046\u203222.2\u2033 N, 073\u00b051\u203216.0\u2033 W, thence to 40\u00b045\u203257.2\u2033 N, 073\u00b051\u203201.8\u2033 W, thence to 40\u00b045\u203252.4\u2033 N, 073\u00b051\u203200.2\u2033 W, thence to 40\u00b045\u203250.6\u2033 N, 073\u00b051\u203207.9\u2033 W, thence to 40\u00b045\u203258.8\u2033 N, 073\u00b051\u203213.2\u2033 W, thence to 40\u00b046\u203204.0\u2033 N, 073\u00b051\u203223.3\u2033 W, thence to 40\u00b045\u203251.2\u2033 N, 073\u00b051\u203238.8\u2033 W, (NAD 1983) thence along the shoreline to the point of origin.\n\n(iii)  Enforcement period.  The zones described in paragraph (a)(7) of this section will be effective at all times. When port security conditions permit, the Captain of the Port will allow vessels to operate within that portion of the waters described in paragraph (a)(7)(i) that lies outside of the waters described in paragraph (a)(7)(ii). Authorization to enter the waters that lie between the outer boundaries of the zones described in paragraphs (a)(7)(i) and (a)(7)(ii) will be communicated by the Captain of the Port to the public by marine broadcast, or local notice to mariners, or notice posted at  http://homeport.uscg.mil/newyork.\n\n(8)  John F. Kennedy Airport, Jamaica Bay, Queens, NY \u2014(i)  Location: Bergen Basin.  All waters of Bergen Basin north of 40\u00b039\u203226.4\u2033 N.\n\n(ii)  Location: Thurston Basin.  All waters of Thurston Basin north of 40\u00b038\u203221.2\u2033 N.\n\n(iii)  Location: 200-Yard Zone.  All waters of Jamaica Bay within approximately 200 yards of John F. Kennedy Airport bound by the following points: Onshore east of Bergen Basin, Queens, in approximate position 40\u00b038\u203249.0\u2033 N, 073\u00b049\u203209.1\u2033 W, thence to 40\u00b038\u203242.5\u2033 N, 073\u00b049\u203213.2\u2033 W, thence to 40\u00b038\u203200.6\u2033 N, 073\u00b047\u203235.1\u2033 W, thence to 40\u00b037\u203252.3\u2033 N, 073\u00b047\u203255.0\u2033 W, thence to 40\u00b037\u203250.3\u2033 N, 073\u00b047\u203253.5\u2033 W, thence to 40\u00b037\u203259.4\u2033 N, 073\u00b047\u203232.6\u2033 W, thence to 40\u00b037\u203246.1\u2033 N, 073\u00b047\u203207.2\u2033 W, thence to 40\u00b037\u203219.5\u2033 N, 073\u00b047\u203230.4\u2033 W, thence to 40\u00b037\u203205.5\u2033 N, 073\u00b047\u203203.0\u2033 W, thence to 40\u00b037\u203234.7\u2033 N, 073\u00b046\u203240.6\u2033 W, thence to 40\u00b037\u203220.5\u2033 N, 073\u00b046\u203223.5\u2033 W, thence to 40\u00b037\u203205.7\u2033 N, 073\u00b046\u203234.9\u2033 W, thence to 40\u00b036\u203254.8\u2033 N, 073\u00b046\u203226.7\u2033 W, thence to 40\u00b037\u203214.1\u2033 N, 073\u00b046\u203210.8\u2033 W, thence to 40\u00b037\u203236.9\u2033 N, 073\u00b045\u203252.8\u2033 W, thence to 40\u00b038\u203200.8\u2033 N, 073\u00b044\u203254.9\u2033 W, thence to 40\u00b038\u203205.1\u2033 N, 073\u00b045\u203200.3\u2033 W, (NAD 1983) thence along the shoreline to the point of origin.\n\n(iv)  Location: 100-Yard Zone.  All waters of Jamaica Bay within approximately 100 yards of John F. Kennedy Airport bound by the following points: Onshore east of Bergen Basin, Queens, in approximate position 40\u00b038\u203249.0\u2033 N, 073\u00b049\u203209.1\u2033 W, thence to 40\u00b038\u203245.1\u2033 N, 073\u00b049\u203211.6\u2033 W, thence to 40\u00b038\u203202.0\u2033 N, 073\u00b047\u203231.8\u2033 W, thence to 40\u00b037\u203252.3\u2033 N, 073\u00b047\u203255.0\u2033 W, thence to 40\u00b037\u203250.3\u2033 N, 073\u00b047\u203253.5\u2033 W, thence to 40\u00b038\u203200.8\u2033 N, 073\u00b047\u203229.4\u2033 W, thence to 40\u00b037\u203247.4\u2033 N, 073\u00b047\u203202.4\u2033 W, thence to 40\u00b037\u203219.9\u2033 N, 073\u00b047\u203225.0\u2033 W, thence to 40\u00b037\u203210.0\u2033 N, 073\u00b047\u203203.7\u2033 W, thence to 40\u00b037\u203237.7\u2033 N, 073\u00b046\u203241.2\u2033 W, thence to 40\u00b037\u203222.6\u2033 N, 073\u00b046\u203221.9\u2033 W, thence to 40\u00b037\u203205.7\u2033 N, 073\u00b046\u203234.9\u2033 W, thence to 40\u00b036\u203254.8\u2033 N, 073\u00b046\u203226.7\u2033 W, thence to 40\u00b037\u203214.1\u2033 N, 073\u00b046\u203210.8\u2033 W, thence to 40\u00b037\u203240.0\u2033 N, 073\u00b045\u203255.6\u2033 W, thence to 40\u00b038\u203202.8\u2033 N, 073\u00b044\u203257.5\u2033 W, thence to 40\u00b038\u203205.1\u2033 N, 073\u00b045\u203200.3\u2033 W, (NAD 1983) thence along the shoreline to the point of origin.\n\n(v)  Enforcement period.  The zones described in paragraphs (a)(8) of this section will be effective at all times. When port security conditions permit, the Captain of the Port will allow vessels to operate within that portion of the waters described in paragraph (a)(8)(iii) that lies outside of the waters described in paragraph (a)(8)(iv). Authorization to enter the waters that lie between the outer boundaries of the zones described in paragraphs (a)(8)(iii) and (a)(8)(iv) will be communicated by the Captain of the Port to the public by marine broadcast, local notice to mariners, or notice posted at  http://homeport.uscg.mil/newyork.\n\n(9)  NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY \u2014(i)  Location: 150-Yard Zone.  All waters of Eastchester Bay within approximately 150 yards of Rodman Neck bound by the following points: Onshore in approximate position 40\u00b051\u203230.4\u2033 N, 073\u00b048\u203214.9\u2033 W, thence to 40\u00b051\u203229.9\u2033 N, 073\u00b048\u203220.7\u2033 W, thence to 40\u00b051\u203216.9\u2033 N, 073\u00b048\u203222.5\u2033 W, thence to 40\u00b051\u203207.5\u2033 N, 073\u00b048\u203218.7\u2033 W, thence to 40\u00b050\u203254.2\u2033 N, 073\u00b048\u203211.1\u2033 W, thence to 40\u00b050\u203248.5\u2033 N, 073\u00b048\u203204.6\u2033 W, thence to 40\u00b050\u203249.2\u2033 N, 073\u00b047\u203256.5\u2033 W, thence to 40\u00b051\u203203.6\u2033 N, 073\u00b047\u203247.3\u2033 W, thence to 40\u00b051\u203215.7\u2033 N, 073\u00b047\u203246.8\u2033 W, thence to 40\u00b051\u203223.5\u2033 N, 073\u00b047\u203241.9\u2033 W, (NAD 1983) thence southwesterly along the shoreline to the point of origin.\n\n(ii)  Enforcement period.  The zones described in paragraph (a)(9) of this section will be effective at all times. When port security conditions permit, the Captain of the Port will allow vessels to operate within that portion of the waters described in paragraph (a)(9)(i) that lies outside of the waters described in paragraph (a)(9)(ii). Authorization to enter the waters that lie between the outer boundaries of the zones described in paragraphs (a)(9)(i) and (a)(9)(ii) will be communicated by the Captain of the Port to the public by marine broadcast, local notice to mariners, or notice posted at  http://homeport.uscg.mil/newyork.\n\n(10)  Port Newark/Port Elizabeth, Newark Bay, NJ.  All waters of Newark Bay bound by the following points: 40\u00b041\u203249.9\u2033 N, 074\u00b007\u203232.2\u2033 W, thence to 40\u00b041\u203246.5\u2033 N, 074\u00b007\u203220.4\u2033 W, thence to 40\u00b041\u203210.7\u2033 N, 074\u00b007\u203245.9\u2033 W, thence to 40\u00b040\u203254.3\u2033 N, 074\u00b007\u203255.7\u2033 W, thence to 40\u00b040\u203236.2\u2033 N, 074\u00b008\u203203.8\u2033 W, thence to 40\u00b040\u203229.1\u2033 N, 074\u00b008\u203206.3\u2033 W, thence to 40\u00b040\u203221.9\u2033 N, 074\u00b008\u203210.0\u2033 W, thence to 40\u00b039\u203227.9\u2033 N, 074\u00b008\u203243.6\u2033 W, thence to 40\u00b039\u203221.5\u2033 N, 074\u00b008\u203250.1\u2033 W, thence to 40\u00b039\u203221.5\u2033 N, 074\u00b009\u203254.3\u2033 W, (NAD 1983) thence northerly along the shoreline to the point of origin.\n\n(11)  Global Marine Terminal, Upper New York Bay.  All waters of Upper New York Bay between the Global Marine and Military Ocean Terminals, west of the New Jersey Pierhead Channel.\n\n(12)  Approaches to New York, Atlantic Ocean \u2014(i)  Location:  All waters of the Atlantic Ocean between the Ambrose to Hudson Canyon Traffic Lane and the Barnegat to Ambrose Traffic Lane bound by the following points: 40\u00b021\u203229.9\u2033 N, 073\u00b044\u203241.0\u2033 W, thence to 40\u00b021\u203204.5\u2033 N, 073\u00b045\u203231.4\u2033 W, thence to 40\u00b015\u203228.3\u2033 N, 073\u00b044\u203213.8\u2033 W, thence to 40\u00b015\u203235.4\u2033 N, 073\u00b043\u203229.8\u2033 W, thence to 40\u00b019\u203221.2\u2033 N, 073\u00b042\u203253.0\u2033 W, (NAD 1983) thence to the point of origin.\n\n(ii)  Enforcement period.  Enforcement periods for the zone in paragraph (a)(12) of this section will be announced through marine information broadcast or other appropriate method of communication and the zone is activated whenever a vessel is anchored in the area described in paragraph (a)(12)(i) or a Coast Guard patrol vessel is on-scene.\n\n(iii)  Regulations.  (A) The area described in paragraph (a)(12) of this section is not a Federal Anchorage Ground. Only vessels directed by the Captain of the Port or his or her designated representative to enter this zone are authorized to anchor here.\n\n(B) Vessels do not need permission from the Captain of the Port to transit the area described in paragraph (a)(12) of this section during periods when that security zone is not being enforced.\n\n(13)  Liquefied Hazardous Gas (LHG) Vessels \u2014(i)  Definitions.  For the purposes of this section,  LHG Vessel  means any vessel constructed or converted to carry, in bulk, any of the flammable or toxic products listed in 33 CFR 127.005, Table 127.005.\n\n(ii)  Location.  All waters within a 200-yard radius of any LHG Vessel that is underway and all waters within a 100-yard radius of any LHG Vessel that is moored or at anchor.\n\n(iii)  Enforcement period.  The zone described in paragraph (a)(13) of this section will be activated upon entry of a LHG Vessel into the navigable waters of the United States (see 33 CFR 2.36(a) to include the 12 NM territorial sea) in the New York Captain of the Port Zone (33 CFR 3.05-30). The LHG Vessel will be identifiable by the requirement to fly the Bravo flag (red international signal flag under Pub. 102, International Code of Signals) from the outermost halyard (above the pilot house) where it can most easily be seen. In addition to visual identification of the LHG Vessel, the Captain of the Port will notify the maritime community of periods during which this zone will be enforced by methods in accordance with 33 CFR 165.7.\n\n(14)  Cruise ships \u2014(i)  Definition.  For the purposes of this section,  cruise ship  means a passenger vessel as defined in 46 U.S.C. 2101, that is authorized to carry more than 400 passengers and is 200 or more feet in length. A cruise ship under this section will also include ferries as defined in 46 CFR 2.10-25 that are authorized to carry more than 400 passengers and are 200 feet or more in length.\n\n(ii)  Location.  All waters within a 100-yard radius of any Cruise ship whether underway, anchored, or at berth.\n\n(iii)  Enforcement period.  The zone described in paragraph (a)(14) of this section will be activated upon entry of any cruise ship into the navigable waters of the United States (see 33 CFR 2.36(a) to include the 12 NM territorial sea) in the New York Captain of the Port Zone (33 CFR 3.05-30). This zone will remain activated at all times while the cruise ship is within the navigable waters of the United States in the New York Captain of the Port Zone.\n\n(15)  Designated Vessels \u2014(i)  Definition.  For the purposes of this section,  Designated Vessels  are vessels carrying government officials, dignitaries, or other passengers requiring protection by the U.S. Secret Service, or other Federal, State or local law enforcement agency; barges or ships carrying petroleum products, chemicals, or other hazardous cargo; and passenger vessels (as defined in 46 U.S.C. 2101), that are authorized to carry more than 400 passengers and are less than 200 feet in length.\n\n(ii)  Location.  All waters within a 100-yard radius of any Designated Vessel.\n\n(iii)  Enforcement period.  The zone described in paragraph (a)(15) of this section will be activated upon entry of any Designated Vessel into the navigable waters of the United States (see 33 CFR 2.36(a) to include the 12 NM territorial sea) in the New York Captain of the Port Zone (33 CFR 3.05-30). This zone will remain activated at all times while the Designated Vessel is within the navigable waters of the United States in the New York Captain of the Port Zone. The Designated Vessels, including ships and barges carrying petroleum products, chemicals, or other hazardous cargo will be recognized by the requirement to fly the Bravo flag (red international signal flag under Pub 102, International Code of Signals from the outermost halyard (above the pilot house) where it can most easily be seen. Vessels that are constrained by their draft from leaving the channel may transit through the zone for the sole purpose of direct and expeditious transit so long as they remain within the navigable channel, maintain the maximum possible safe distance from the Designated Vessel, and do not stop or loiter within the zone. Designated Vessels carrying government officials, dignitaries, or other passengers requiring protection, and passenger vessels authorized to carry more than 400 passengers and are less than 200 feet in length will be recognizable by their being escorted by a federal, state or local law enforcement or security vessel. The law enforcement or security vessel will be identifiable by flashing light, siren, flags, markings and/or through other means that clearly identify the vessel as engaged in law enforcement or security operations.\n\n(16)  134th Street Pipeline Metering and Regulating Station \u2014(i)  Location.  All waters of the Hudson River within 25 yards of the 134th Street Pipeline Metering and Regulating Station.\n\n(ii)  Regulations.  (A) Vessels not actively engaged in facility maintenance or inspection operations authorized in advance by the Pipeline Security Officer or designated representative, or authorized docking or undocking operations, must not enter within any part of a zone described in paragraph (a)(16) of this section without the express permission of the Coast Guard Captain of the Port, a designated representative or designated on-scene patrol personnel.\n\n(B) Persons seeking Captain of the Port permission to enter within a particular zone for official business other than authorized passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations or authorized docking or undocking operations may request such authorization by contacting: Commander Coast Guard Sector New York, via the Sector Command Center (SCC), at: 212 Coast Guard Drive, Staten Island, NY 10305, or via fax to (718) 354-4125 or by contacting the Sector Command Center Duty Officer by phone at: (718) 354-4353.\n\n(17)  Waterfront heliports \u2014(i)  Location.  All waters of the East River within 25 yards of the East 34th Street and Wall Street Heliports, and all waters of the Hudson River within 25 yards of the West 30th Street Heliport and the Jersey City/Newport Helistop, areas of land or water under and in immediate proximity to them; buildings on such structures or contiguous to them; and equipment and materials on such structures and in such buildings. When a barge, ferry, or other commercial vessel is conducting transfer operations at a waterfront heliport, the 25-yard zone is measured from the outboard side of the commercial vessel.\n\n(ii)  Regulations.  (A) Vessels not actively engaged in passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations, or docking or undocking operations, authorized in advance by the Facility Security Plan, Facility Security Officer or designated representative, must not enter within any part of a zone described in paragraph (a)(17) of this section without the express permission of the Coast Guard Captain of the Port, a designated representative, or designated on-scene patrol personnel.\n\n(B) Persons seeking Captain of the Port permission to enter within a particular zone for official business other than authorized passenger, cargo, provision, facility maintenance or inspection, bunker transfer operations or authorized docking or undocking operations may request such authorization by contacting: Commander Coast Guard Sector New York, via the Sector Command Center (SCC), at: 212 Coast Guard Drive, Staten Island, NY 10305, or via fax to (718) 354-4125 or by contacting the Sector Command Center Duty Officer by phone at: (718) 354-4353.\n\n(C) Vessels entering or departing the marina north of the Newport Helistop are authorized to transit through the safety/security zone around the Newport Helistop during their transit, provided that helicopters are not taking off or landing. No loitering or unnecessary delay is authorized during these transits.\n\n(b)  Regulations.  (1) Entry into or remaining in a safety or security zone is prohibited unless authorized by the Coast Guard Captain of the Port, New York.\n\n(2) Persons desiring to transit the area of a safety or security zone may contact the Captain of the Port at telephone number 718-354-4088 or on VHF channel 14 (156.7 MHz) or VHF channel 16 (156.8 MHz) 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 or his or her designated representative."], ["33:33:2.0.1.6.32.6.211.39", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.171 Safety Zones for fireworks displays and swim events held in Coast Guard Sector Northern New England Captain of the Port Zone.", "USCG", "", "", "[USCG-2019-0951, 85 F R31369, May 26, 2020, as amended by USCG-2025-0716, 90 FR 47587, Oct. 2, 2025]", "(a) The general regulations contained in 33 CFR 165.23, as well as the regulations in this section, apply to the fireworks displays and swim events listed in table1 of this section. These regulations will be enforced for the duration of each event. Notifications will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. If the event does not have a date listed, then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the  Federal Register.  Mariners should consult the  Federal Register  or their Local Notice to Mariners to remain apprised of schedule or event changes. USCG Northeast District Local Notice to Mariners can be found at  http://www.navcen.uscg.gov/.  Although listed in the Code of Federal Regulations, sponsors of events listed the Table 1 to \u00a7 165.171 are still required to submit marine event applications in accordance with 33 CFR 100.15.\n\n(b) The following definitions apply to this section:\n\n(1)  Designated Representative.  A \u201cDesignated Representative\u201d is any Coast Guard Commissioned, Warrant or Petty Officer designated by the Captain of the Port, Sector Northern New England (COTP), 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.\n\n(2)  Official patrol vessels.  Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.\n\n(3)  Spectators.  All persons and vessels not registered with the event sponsor as participants or official patrol vessels.\n\n(c) Spectators or other vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through the Local Notice to Mariners, unless authorized by COTP or Designated Representative.\n\n(d) Vessel operators desiring to enter or operate within the regulated areas shall contact the COTP or the Designated Representative via VHF channel 16 or (207) 741-5465 (Coast Guard Sector Northern New England Command Center) to obtain permission to do so.\n\n(e) Upon being hailed by a U.S. Coast Guard vessel or the Designated Representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.\n\n(f) The COTP or Designated Representative may delay or terminate any marine event in this section at any time it is deemed necessary to ensure the safety of life or property.\n\n(g) The regulated area for all fireworks displays listed in the table 1 of this sction is that area of navigable waters within a 200-yard radius of the launch platform or launch site for each fireworks display, unless otherwise noted in the Table 1 to \u00a7 165.171 or modified in USCG Northeast District Local Notice to Mariners at:  http://www.navcen.uscg.gov/.\n\n(h) For all swim events listed in the Table 1 to \u00a7 165.171, vessels not associated with the event shall maintain a separation of at least 200 feet from the participants.\n\n(i) The specific calendar date upon which the listed event falls will be published Notice of Enforcement in the  Federal Register .\n\nTable 1 to \u00a7 165.171\n\n1  Date subject to change. Exact date will be posted in Notice of Enforcement and Local Notice to Mariners."], ["33:33:2.0.1.6.32.6.211.4", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.101 Kittery, Maine\u2014regulated navigation area.", "USCG", "", "", "", "(a) The following is a regulated navigation area\u2014Waters within the boundaries of a line beginning at 43\u00b004\u203250\u2033 N, 70\u00b044\u203252\u2033 W; then to 43\u00b004\u203252\u2033 N, 70\u00b044\u203253\u2033 W; then to 43\u00b004\u203259\u2033 N, 70\u00b044\u203246\u2033 W; then to 43\u00b005\u203205\u2033 N, 70\u00b044\u203232\u2033 W; then to 43\u00b005\u203203\u2033 N, 70\u00b044\u203230\u2033 W; then to the beginning point.\n\n(b)  Regulations.  No vessel may operate in this area at a speed in excess of five miles per hour."], ["33:33:2.0.1.6.32.6.211.40", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.172 Safety Zone; Underwater Hazard, Gravesend Bay, Brooklyn, NY.", "USCG", "", "", "[USCG-2010-1091, 76 FR 31234, May 31, 2011]", "(a)  Location.  The following area is a safety zone: All navigable waters of Gravesend Bay within a 110-yard radius of a point in position 40\u00b036\u203230\u2033 N, 074\u00b002\u203214\u2033 W (NAD 83), approximately 70-yards southeast of the Verrazano Bridge Brooklyn tower.\n\n(b)  Regulations.  (1) The general regulations contained in 33 CFR 165.23 apply.\n\n(2) Entering into, transiting through, diving, dredging, dumping, fishing, trawling, conducting salvage operations, remaining within or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port (COTP) New York or the designated on-scene representative.\n\n(3) The \u201cdesignated on-scene representative\u201d is any Coast Guard commissioned, warrant, or petty officer who has been designated by the COTP New York.\n\n(4) Vessel operators desiring to enter or operate within the safety zone may contact the COTP New York or the designated representative at the Coast Guard Sector New York Command Center via VHF Channel 16 or by phone at (718) 354-4353 to request permission.\n\n(5) Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP New York or the on-scene representative."], ["33:33:2.0.1.6.32.6.211.41", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.173 Safety Zones for annually recurring marine events held in Coast Guard Southeastern New England Captain of the Port Zone.", "USCG", "", "", "[USCG-2011-1026, 76 FR 30191, May 22, 2012, as amended by USCG-2014-0061, 79 FR 34629, June 18, 2014; USCG-2015-0433, 80 FR 44283, July 27, 2015; USCG-2016-1022, 82 FR 23142, May 22, 2017]", "(a)  Regulations.  (1) The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the fireworks displays and swim events listed in the Table to \u00a7 165.173. These regulations may be enforced for the duration of each event.\n\n(2) Notifications will be made to the local maritime community through the Local Notice to Mariners well in advance of the events. If the event does not have a date listed, then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the  Federal Register.\n\nAlthough listed in the Code of Federal Regulations, sponsors of events listed in the Table shall submit an application each year in accordance with 33 CFR 100.15.\n\n(b)  Definitions.  The following definitions apply to this section:\n\n(1)  Designated representative.  A \u201cdesignated representative\u201d is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port, Southeastern New England (COTP), 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.\n\n(2)  Official patrol vessels.  Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.\n\n(3)  Spectators.  All persons and vessels not registered with the event sponsor as participants or official patrol vessels.\n\n(c) The Coast Guard may patrol each event area under the direction of a designated Coast Guard Patrol Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign \u201cPATCOM.\u201d The \u201cofficial patrol vessels\u201d may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the Captain of the Port, Southeastern New England.\n\n(d) Vessels may not transit the regulated areas without Patrol Commander approval. Vessels permitted to transit must operate at a no wake speed, in a manner which will not endanger participants or other crafts in the event.\n\n(e) Spectators or other vessels shall not anchor, block, loiter, or impede the movement of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through a Notice of Enforcement published in the  Federal Register,  unless authorized by an official patrol vessel.\n\n(f) The Patrol Commander may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.\n\n(g) The Patrol Commander may delay or terminate any event in this subpart at any time to ensure safety. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior.\n\n(h) For all fireworks displays listed below, the regulated area is that area of navigable waters within the specified radius of the launch platform or launch site for each fireworks display, unless modified later in a Notice of Enforcement published in the  Federal Register.\n\nTable to \u00a7 165.173"], ["33:33:2.0.1.6.32.6.211.42", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.202 [Reserved]", "USCG", "", "", "", ""], ["33:33:2.0.1.6.32.6.211.5", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.102 Security Zone: Walkers Point, Kennebunkport ME.", "USCG", "", "", "[CGDI 89-008, 54 FR 13883, Apr. 6, 1989]", "(a)  Location.  The following area is a security zone: From point of land located on Cape Arundel at latitude 43\u00b020.4\u2032 North, Iongitude 070\u00b028.0\u2032 West; thence to a point approximately 500 yards southwest of Walkers Point located at latitude 43\u00b020.2\u2032 North, longitude 070\u00b027.9\u2032 West; thence to a point located approximately 500 yards south of Walkers Point at latitude 43\u00b020.1\u2032 North, longitude 070\u00b027.6\u2032 West; thence to a point located approximately southeast of Walkers Point at latitude 43\u00b020.4\u2032 North, longitude 070\u00b027.2\u2032 West; thence to an unnamed point of land located at 43\u00b020.9\u2032 North, longitude 070\u00b027.1\u2032 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.\n\n(b)  Regulations.  (1) In accordance with the general regulations in \u00a7 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.\n\n(2) No person may swim upon or below the surface of the water within the boundaries of this security zone."], ["33:33:2.0.1.6.32.6.211.6", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.103 Safety and Security Zones; LPG Vessel Transits in Portland, Maine, Captain of the Port Zone, Portsmouth Harbor, Portsmouth, New Hampshire.", "USCG", "", "", "[CGD01-02-045, 67 FR 56487, Sept. 4, 2002]", "(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.\n\n(2) All waters of the Piscataqua River within a 500-yard radius of any Liquefied Petroleum Gas (LPG) vessel while it is moored at the LPG receiving facility on the Piscataqua River, Newington, New Hampshire.\n\n(b)  Definitions.  For purposes of this section, navigable waters of the United States includes all waters of the territorial sea as described in Presidential Proclamation No. 5928 of December 27, 1988. Presidential Proclamation No. 5928 of December 27, 1988 declared that the territorial sea of the United States extends to 12 nautical miles from the baseline of the United States.\n\n(c)  Regulations.  (1) In accordance with the general regulations in \u00a7\u00a7 165.23 and 165.33 of this part, entry into or movement within these zones is prohibited unless previously authorized by the Captain of the Port (COTP), Portland, Maine.\n\n(2) All persons and vessels shall comply with the instructions of the COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-scene 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. Emergency response vessels are authorized to move within the zone, but must abide by restrictions imposed by the Captain of the Port.\n\n(3) No person may swim upon or below the surface of the water within the boundaries of the safety and security zones unless previously authorized by the Captain of the Port, Portland, Maine or his authorized patrol representative.\n\n(d) The Captain of the Port will notify the maritime community and local agencies of periods during which these safety and security zones will be in effect by providing notice of arrivals and departures of LPG vessels via the telephone and/or Marine Safety Information Radio Broadcasts."], ["33:33:2.0.1.6.32.6.211.7", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River, Bath, Maine.", "USCG", "", "", "[CGD01-01-155, 67 FR 49582, July 31, 2002]", "(a)  Location.  The following is a safety zone: all waters of the Kennebec River within a 150-yard radius of the Bath Iron Works dry dock while it is being moved to and from its moored position at the Bath Iron Works Facility in Bath, Maine to a deployed position in the Kennebec River, and while launching or recovering vessels.\n\n(b)  Regulations.  (1) In accordance with the general regulations in \u00a7 165.23 of this part, entry into or movement within this zone is prohibited unless authorized by the Captain of the Port, Portland, Maine.\n\n(2) All vessel operators shall comply with the instructions of the COTP or the designated on-scene U. S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state and federal law enforcement vessels.\n\n(c)  Notifications.  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 via Marine Safety Information Radio Broadcasts."], ["33:33:2.0.1.6.32.6.211.8", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.105 Security Zones; Passenger Vessels, Portland, Maine, Captain of the Port Zone.", "USCG", "", "", "[CGD01-03-001, 68 FR 22305, Apr. 28, 2003]", "(a)  Definition.  \u201cPassenger vessel\u201d as used in this section means a passenger vessel over 100 gross tons authorized to carry more than 500 passengers for hire making voyages, any part of which is on the high seas, and for which passengers are embarked, disembarked or pay a port call, in the Portland, Maine, Captain of the Port zone as delineated in 33 CFR 3.05-15.\n\n(b)  Location.  The following areas are security zones:\n\n(1) All navigable waters within the Portland, Maine, Captain of the Port Zone, extending from the surface to the sea floor, within a 100-yard radius of any passenger vessel that is anchored, moored, or in the process of mooring.\n\n(2) All navigable waters, within the Portland, Maine, Captain of the Port Zone, extending from the surface to the sea floor, extending 200 yards ahead, and 100 yards aside and astern of any passenger vessel that is underway.\n\n(c)  Regulations.  (1) In accordance with the general regulations in \u00a7 165.33 of this part, entry into or movement within these zones is prohibited unless previously authorized by the Coast Guard Captain of the Port, Portland, Maine (COTP) or his designated representative.\n\n(2) All persons and vessels must comply with the instructions of the COTP or the designated on-scene Coast Guard patrol personnel. On-scene 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. Emergency response vessels are authorized to move within the zone, but must abide by restrictions imposed by the COTP or his designated representative.\n\n(3) No person may swim upon or below the surface of the water within the boundaries of these security zones unless previously authorized by the COTP or his designated representative.\n\n(d)  Enforcement.  The Captain of the Port will enforce these zones and may enlist the aid and cooperation of any Federal, state, county, municipal, or private agency to assist in the enforcement of the regulation."], ["33:33:2.0.1.6.32.6.211.9", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.106 Security Zone: Seabrook Nuclear Power Plant, Seabrook, New Hampshire.", "USCG", "", "", "[CGD01-02-092, 67 FR 64815, Oct. 22, 2002]", "(a)  Location.  The following area is a security zone: All land and waters within 250 yards of the waterside property boundary of Seabrook Nuclear Power Plant identified as follows: beginning at position 42\u00b053\u203258\u2033 N, 070\u00b051\u203206\u2033 W then running along the property boundaries of Seabrook Nuclear Power Plant to position 42\u00b053\u203246\u2033 N, 070\u00b051\u203206\u2033 W. All coordinates reference 1983 North American Datum (NAD 83).\n\n(b)  Regulations.  (1) In accordance with the general regulations in \u00a7 165.33 of this part, entry into or movement within this zone is prohibited unless authorized by the Captain of the Port, Portland, Maine (COTP).\n\n(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port, Portland, Maine or designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state and federal law enforcement vessels.\n\n(3) No person may swim upon or below the surface of the water within the boundaries of this security zone."], ["33:33:2.0.1.6.32.6.212.43", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.T05-0915 Safety Zones; Chesapeake Bay Bridge Tunnel, Chesapeake Bay Entrance, VA.", "USCG", "", "", "[USCG-2021-0915, 87 FR 52469, Aug. 26, 2022]", "(a)  Location.  The following areas are safety zones:\n\n(1) Any waters located within 500 feet in all directions from the edge of South Thimble Island. South Thimble Island is located approximately 3.3 miles north of the shores of Virginia Beach on Highway 13, also known as the Chesapeake Bay Bridge Tunnel (CBBT).\n\n(2) Any waters located within 500 feet in all directions from the edge of North Thimble Island. North Thimble Island is located approximately 4.5 miles north of Virginia Beach on Highway 13.\n\n(b)  Definitions.  As used in this section,  designated representative  means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sector Virginia (COTP) in the enforcement of the safety zones. The term also includes an employee or contractor of Chesapeake Tunnel Joint Venture (CTJV) for the sole purpose of designating and establishing safe transit corridors, to permit passage into or through the safety zones listed in paragraph (a) of this section, or to notify vessels and individuals that they have entered a safety zone and are required to depart immediately.\n\n(c)  Regulations.  (1) Under the general safety zone regulations in subpart C of this part, no vessel or person may enter or remain in any safety zone described in paragraph (a) of this section unless authorized by the COTP, or designated representative. If a vessel or person is notified by the COTP, or designated representative, that they have entered one of these safety zones without permission, they are required to immediately depart in a safe manner following the directions given.\n\n(2) Mariners requesting to transit any of these safety zones must first contact the CTJV designated representatives, CTJV Marine General Superintendant by phone at 361-244-8852, CTJV Safety Director at 702-415-8600, or CTJV Construction Manager at 757-782-7741. CTJV will be monitoring VHF-FM channels 13 and 16 while work is ongoing. If permission is granted, mariners must proceed at their own risk and strictly observe any and all instructions provided by the COTP, or designated representative, to the mariner regarding the conditions of entry to and exit from any location within the fixed safety zones.\n\n(d)  Enforcement.  The Sector Virginia COTP may enforce the regulations in this section and may be assisted by any Federal, state, county, or municipal law enforcement agency.\n\n(e)  Enforcement period.  This section will be enforced until January 31, 2027, unless cancelled sooner by the COTP."], ["33:33:2.0.1.6.32.6.212.44", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.T05-1053 Safety Zone, Delaware River; Pipeline Removal; Marcus Hook, PA.", "USCG", "", "", "[USCG-2017-1053, 82 FR 58744, Dec. 14, 2017]", "(a)  Location.  The following areas are safety zones: All navigable waters within 250 yards of the towing vessel JOKER, Commerce Construction crane barge KELLY, and associated diving and pipe removal vessels, as well as any associated equipment, operating in Marcus Hook Range and Anchorage No. 7 near Marcus Hook, PA, on the Delaware River.\n\n(b)  Definitions \u2014(1)  Captain of the Port  means the Commander, Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on his behalf.\n\n(2)  Designated representative  means any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Delaware Bay, to assist with the enforcement of safety zones described in paragraph (a) of this section.\n\n(c)  Regulations.  The general safety zone regulations found in 33 CFR part 165 subpart C apply to the safety zone created by this section.\n\n(1) Entry into or transiting within either safety zone is prohibited unless vessels obtain permission from the Captain of the Port via VHF-FM channel 16, or make satisfactory passing arrangements via VHF-FM channels 13 or 80 with the towing vessel JOKER per this section and the rules of the Road (33 CFR subchapter E). Vessels requesting to transit shall contact the towing vessel JOKER on channel 13 or 80 at least 1 hour, as well as 30 minutes, prior to arrival.\n\n(2) Vessels granted permission to enter and transit the safety zone must do so in accordance with any directions or orders of the Captain of the Port, his designated representative, or the towing vessel JOKER. No person or vessel may enter or remain in a safety zone without permission from the Captain of the Port or the towing vessel JOKER.\n\n(3) There are three sections of pipeline that will be removed. The first two sections of pipeline to be removed are in Anchorage No. 7, Marcus Hook Anchorage, in the Delaware River. During removal of these sections of pipeline, the safety zone will restrict vessels from anchoring in the lower portion of Anchorage No. 7.\n\n(4) During removal of the third section of pipeline, operations will be conducted within the main navigational channel and vessels will be required to transit through the lower portion of Anchorage No. 7. The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16, Local Notice to Mariners, and Marine Safety Information Bulletin further defining specific work locations and traffic patterns.\n\n(5) All vessels must operate at the minimum safe speed necessary to maintain steerage and reduce wake.\n\n(6) This section applies to all vessels that intend to transit through the safety zone except vessels that are engaged in the following operations: enforcement of laws, service of aids to navigation, and emergency response.\n\n(d)  Enforcement periods.  This section will be enforced from December 8, 2017, through February 28, 2018. Enforcement will generally be between the hours of 5 a.m. and 7 p.m., Monday through Sunday, while the zone is in effect."], ["33:33:2.0.1.6.32.6.212.45", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.T05-1069 Safety Zone; Hampton Roads Bridge-Tunnel Expansion Project, Hampton/Norfolk, VA.", "USCG", "", "", "[USCG-2025-1069, 90 FR 61309, Dec. 31, 2025]", "(a)  Definitions.  As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port, Sector Virginia (COTP) in the enforcement of the safety zone. The term also includes an employee or contractor of Hampton Roads Connector Partners (HRCP) for the sole purposes of designating and establishing safe transit corridors, to permit passage into or through these safety zones, or to notify vessels and individuals that they have entered a safety zone and are required to leave.\n\n(b)  Locations and zone-specific requirements \u2014(1)  Zone 1, Hampton Flats Mooring Area \u2014(i)  Location.  All waters of the Hampton Flats, from surface to bottom, encompassed by a line connecting the following points beginning at 36\u00b059\u203240.41\u2033 N, 76\u00b022\u203210.66\u2033 W, thence to 37\u00b000\u203201.84\u2033 N, 76\u00b021\u203201.69\u2033 W, thence to 36\u00b059\u203252.62\u2033 N, 76\u00b020\u203257.23\u2033 W, thence to 36\u00b059\u203231.19\u2033 N, 76\u00b022\u203206.20\u2033 W, and back to the beginning point.\n\n(ii)  Requirements.  No vessel or person may enter or remain in the safety zone without permission of the COTP, HRCP, or designated representative. Mariners must observe lighted marker buoys along the perimeter and at each of the corners marking the safety zone.\n\n(2)  Zone 2, Phoebus Safe Harbor Area \u2014(i)  Location.  All waters west of the Phoebus Channel, from surface to bottom, encompassed by a line connecting the following points beginning at 37\u00b000\u203234.26\u2033 N, 76\u00b019\u203210.58\u2033 W, thence to 37\u00b000\u203223.97\u2033 N, 76\u00b019\u203206.16\u2033 W, thence to 37\u00b000\u203222.52\u2033 N, 76\u00b019\u203211.41\u2033 W, thence to 37\u00b000\u203232.81\u2033 N, 76\u00b019\u203215.81\u2033 W, and back to the beginning point.\n\n(ii)  Requirements.  No vessel or person may enter or remain in the safety zone during announced enforcement periods without permission of the COTP, HRCP, or designated representative. Such enforcement periods will be announced by Sector Virginia Broadcast Notice to Mariners and broadcasts on VHF-FM radio. During enforcement periods, mariners shall observe lighted marker buoys along the perimeter and at each of the corners marking the safety zone.\n\n(3)  Zone 3, Willoughby Bay Mooring Area \u2014(i)  Location.  All waters of Willoughby Bay, from surface to bottom, in the area encompassed by a line connecting the following points beginning at 36\u00b057\u203248.68\u2033 N, 76\u00b017\u203208.20\u2033 W, thence to 36\u00b057\u203244.84\u2033 N, 76\u00b016\u203244.48\u2033 W, thence to 36\u00b057\u203235.31\u2033 N, 76\u00b016\u203242.80\u2033 W, thence to 36\u00b057\u203228.78\u2033 N, 76\u00b016\u203251.75\u2033 W, thence to 36\u00b057\u203233.17\u2033 N, 76\u00b017\u203219.43\u2033 W, and back to the beginning point.\n\n(ii)  Requirements.  No vessel or person may enter or remain in the safety zone without permission of the COTP, HRCP, or designated representative. Mariners must observe lighted marker buoys along the perimeter and at each of the corners marking the safety zone.\n\n(4)  Zone 4, North Highway Bridge Trestle and North Island \u2014(i)  Location.  All waters, from surface to bottom, located within 300 feet of the east or west side of the Hampton Roads Bridge-Tunnel's north highway bridge trestle, including North Island, to the shore of the City of Hampton. No vessel or person may enter or remain in the safety zone without permission of the COTP, HRCP, or designated representative.\n\n(ii)  Requirements.  All mariners attempting to enter or depart the Hampton Creek Approach Channel or the Phoebus Channel in the vicinity of the North Island must proceed with extreme caution and maintain a safe distance from construction equipment.\n\n(5)  Zone 5, South Highway Bridge Trestle and South Island \u2014(i)  Location.  All waters, from surface to bottom, located within 300 feet from the east or west side of the Hampton Roads Bridge-Tunnel's south highway bridge trestle, including South Island, to the shore of the City of Norfolk.\n\n(ii)  Requirements.  No vessel or person may enter or remain in the safety zone without permission of the COTP, HRCP, or designated representative. HRCP may establish and post visual identification of safe transit corridors that vessels may use to freely proceed through the safety zone. All mariners attempting to enter or depart the Willoughby Bay Approach Channel in the vicinity of the South Island shall proceed with extreme caution and maintain a safe distance from construction equipment.\n\n(6)  Zone 6, Willoughby Bay Bridge \u2014(i)  Location.  All waters, from surface to bottom, located along the Willoughby Bay Bridge highway trestle and extending 50 feet to the north side of the bridge and 300 feet to the south side of the bridge along the length of the highway trestle, from shore to shore within the City of Norfolk.\n\n(ii)  Requirements.  No vessel or person may enter or remain in the safety zone without permission of the COTP, HRCP, or designated representative, except that vessels are allowed to transit through marked safe transit corridors that HRCP shall establish for the purpose of providing navigation access for residents located north of the Willoughby Bay Bridge through the safety zone. All mariners attempting to enter or depart residences or commercial facilities north of the Willoughby Bay Bridge through the safe transit corridors or other areas of the safety zone when granted permission shall proceed with caution and maintain a safe distance from construction equipment.\n\n(c)  General requirements.  (1) Under the general safety zone regulations in subpart C of this part, no vessel or person may enter or remain in any safety zone described in paragraph (b) of this section unless authorized by the COTP, HRCP, or designated representative. If a vessel or person is notified by the COTP, HRCP, or designated representative that they have entered one of these safety zones without permission, they are required to immediately leave in a safe manner following the directions given.\n\n(2) Mariners requesting to transit any of these safety zones must first contact the HRCP designated representative, the on-site foreman, via phone at 7577036060 or VHF-FM channels 13 and 16. If permission is granted, mariners must proceed at their own risk and strictly observe any and all instructions provided by the COTP, HRCP, or designated representative to the mariner regarding the conditions of entry to and exit from any location within the fixed safety zones.\n\n(d)  Enforcement.  The Sector Virginia COTP may enforce the regulations in this section and may be assisted by any Federal, state, county, or municipal law enforcement agency.\n\n(e)  Enforcement period.  The safety zones in this section will be in effect from December 25, 2025 until December 20, 2030. If the Captain of the Port, Sector Virgina determines this rule, or any of the safety zones established by this rule are no longer necessary, we will provide notice by marine broadcasts and local notice to mariners that the rule, or individual safety zones established by the rule, are no longer subject to enforcement."], ["33:33:2.0.1.6.32.6.212.46", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.500 Safety/Security Zones; Chesapeake Bay, Maryland.", "USCG", "", "", "[CDG05-03-008, 68 FR 43311, July 22, 2003, as amended by USCG-2016-0060, 81 FR 38594, June 14, 2016; USCG-2024-1103, 90 FR 52879, Nov. 24, 2025]", "(a)  Definitions.  (1) Certain Dangerous Cargo (CDC) means a material defined in 33 CFR part 160.\n\n(2) Liquefied Hazardous Gas (LHG) means a material defined in 33 CFR part 127.\n\n(3) Liquefied Natural Gas (LNG) means a material defined in 33 CFR part 127.\n\n(4) Cruise ship means a vessel defined as a \u201cpassenger vessel\u201d in 46 U.S.C. 2101.\n\n(b)  Location.  The following areas are a safety/security zone: All waters of the Chesapeake Bay and its tributaries, from surface to bottom, within a 500 yard radius around cruise ships and vessels transporting CDC, LNG, or LHG while transiting, anchored, or moored within the COTP Maryland-National Capital Region zone.\n\n(c)  Regulations.  (1) The COTP will notify the maritime community of affected vessels and the periods during which the safety/security zones will be enforced by providing notice to mariners in accordance with 33 CFR 165.7.\n\n(2) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard COTP, Maryland-National Capital Region or his designated representative.\n\n(3) Persons desiring to transit the area of the security zone may contact the COTP at telephone number 410-576-2693 or on VHF channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the COTP or his or her designated representative.\n\n(d)  Authority.  In addition to 46 U.S.C. 70034, the authority for this section includes 46 U.S.C. 70051."], ["33:33:2.0.1.6.32.6.212.47", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent waters\u2014Regulated Navigation Area.", "USCG", "", "", "[USCG-2023-0059, 88 FR 32970, May 23, 2023]", "(a)  Location.  The waters enclosed by the shoreline and the following lines are a Regulated Navigation Area:\n\n(1)  Offshore Zone.  A line drawn due East from the mean low water mark at the North Carolina and Virginia border at latitude 36\u00b033\u203203\u2033 N, longitude 75\u00b052\u203200\u2033 W, to the Territorial Seas boundary line at latitude 36\u00b033\u203205\u2033 N, longitude 75\u00b036\u203251\u2033 W, thence generally Northeastward along the Territorial Seas boundary line to latitude 38\u00b001\u203239\u2033 N, longitude 74\u00b057\u203218\u2033 W, thence due West to the mean low water mark at the Maryland and Virginia border at latitude 38\u00b001\u203239\u2033 N, longitude 75\u00b014\u203230\u2033 W, thence South along the mean low water mark on the Virginia coast, and eastward of the Colregs Demarcation Lines across Chincoteague Inlet, Assawoman Inlet, Gargathy Inlet, Metompkin Inlet, Wachapreague Inlet, Quinby Inlet, Great Machipongo Inlet, Sand Shoal Inlet, New Inlet, Ship Shoal Inlet and Little Inlet, to the Colregs Demarcation Line across the mouth of Chesapeake Bay, continuing south along the Virginia low water mark and eastward of the Colregs Demarcation Line across Rudee Inlet to the point of beginning. All positions reference NAD 83.\n\n(2)  Inland zone.  The waters enclosed by the shoreline and the following lines:\n\n(i) A line drawn across the entrance to Chesapeake Bay between Wise Point and Cape Charles Light, and then continuing to Cape Henry Light.\n\n(ii) A line drawn across the Chesapeake Bay between Old Point Comfort Light and Cape Charles City Range \u201cA\u201d Rear Light.\n\n(iii) A line drawn across the James River along the eastern side of U.S. Route 17 highway bridge, between Newport News and Isle of Wight County, Virginia.\n\n(iv) A line drawn across Chuckatuck Creek along the northern side of the north span of the U.S. Route 17 highway bridge, between Isle of Wight County and Suffolk, Virginia.\n\n(v) A line drawn across the Nansemond River along the northern side of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.\n\n(vi) A line drawn across the mouth of Bennetts Creek, Suffolk, Virginia.\n\n(vii) A line drawn across the Western Branch of the Elizabeth River along the eastern side of the West Norfolk Bridge, Portsmouth, Virginia.\n\n(viii) A line drawn across the Southern Branch of the Elizabeth River along the northern side of the I-64 highway bridge, Chesapeake, Virginia.\n\n(ix) A line drawn across the Eastern Branch of the Elizabeth River along the western side of the west span of the Campostella Bridge, Norfolk, Virginia.\n\n(x) A line drawn across the Lafayette River along the western side of the Hampton Boulevard Bridge, Norfolk, Virginia.\n\n(xi) A line drawn across Little Creek along the eastern side of the Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.\n\n(xii) A line drawn across Lynnhaven Inlet along the northern side of Shore Drive (U.S. Route 60) Bridge, Norfolk, Virginia.\n\n(b)  Definitions.  In this section:\n\nCBBT  means the Chesapeake Bay Bridge Tunnel.\n\nCoast Guard Patrol Commander  is a Coast Guard commissioned, warrant or petty officer who has been designated by the Commander, Coast Guard Sector Virginia.\n\nDesignated representative of the Captain of the Port  means a person, including the command duty officer at Coast Guard Sector Virginia or the Coast Guard or Navy Patrol Commander who has been authorized by the Captain of the Port to act on his or her behalf and at his or her request to carry out such orders and directions as needed. All patrol vessels shall display the Coast Guard Ensign at all times when underway.\n\nI-664 Bridge Tunnel  means the Monitor Merrimac Bridge Tunnel.\n\nInland waters  means waters within the COLREGS Line of Demarcation.\n\nThimble Shoal Channel  consists of the waters bounded by a line connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to Thimble Shoal Lighted Gong Buoy 17, thence to Thimble Shoal Lighted Buoy 19, thence to Thimble Shoal Lighted Buoy 21, thence to Thimble Shoal Lighted Buoy 22, thence to Thimble Shoal Lighted Buoy 18, thence to Thimble Shoal Lighted Buoy 2, thence to the beginning.\n\nThimble Shoal North Auxiliary Channel  consists of the waters in a rectangular area 450 feet wide adjacent to the north side of Thimble Shoal Channel, the southern boundary of which extends from Thimble Shoal Channel Lighted Buoy 2 to Thimble Shoal Lighted Buoy 18.\n\nThimble Shoal South Auxiliary Channel  consists of the waters in a rectangular area 450 feet wide adjacent to the south side of Thimble Shoal Channel, the northern boundary of which extends from Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to Thimble Shoal Lighted Gong Buoy 17, thence to Thimble Shoal Lighted Buoy 19, thence to Thimble Shoal Lighted Buoy 21.\n\n(c)  Applicability.  This section applies to all vessels operating within the Regulated Navigation Area, including naval and public vessels, except vessels that are engaged in the following operations:\n\n(1) Law enforcement.\n\n(2) Search and rescue.\n\n(3) Servicing aids to navigation.\n\n(4) Surveying, maintenance, or improvement of waters in the Regulated Navigation Area.\n\n(d)  Regulations.  (1)  Anchoring restrictions.  No vessel over 65 feet long may anchor or moor in the inland waters of the Regulated Navigation Area outside an anchorage designated in \u00a7 110.168 of this title, with these exceptions:\n\n(i) The vessel has the permission of the Captain of the Port.\n\n(ii) Only in an emergency, when unable to proceed without endangering the safety of persons, property, or the environment, may a vessel anchor in a channel.\n\n(iii) A vessel may not anchor within the confines of Little Creek Harbor, Desert Cove, or Little Creek Cove without the permission of the Captain of the Port or designated representative. The Captain of the Port shall consult with the Commander, Joint Expeditionary Base Little Creek-Fort Story, before granting permission to anchor within this area.\n\n(2)  Anchoring detail requirements.  A self-propelled vessel over 100 gross tons, which is equipped with an anchor or anchors (other than a tugboat equipped with bow fenderwork of a type of construction that prevents an anchor being rigged for quick release), that is underway within two nautical miles of the CBBT or the I-664 Bridge Tunnel shall station its personnel at locations on the vessel from which they can anchor the vessel without delay in an emergency.\n\n(3)  Secondary towing rig requirements on inland waters.  (i) A vessel over 100 gross tons may not be towed in the inland waters of the Regulated Navigation Area unless it is equipped with a secondary towing rig, in addition to its primary towing rig, that:\n\n(A) Is of sufficient strength for towing the vessel.\n\n(B) Has a connecting device that can receive a shackle pin of at least two inches in diameter.\n\n(C) Is fitted with a recovery pickup line led outboard of the vessel's hull.\n\n(ii) A tow consisting of two or more vessels, each of which is less than 100 gross tons, that has a total gross tonnage that is over 100 gross tons, shall be equipped with a secondary towing rig between each vessel in the tow, in addition to its primary towing rigs, while the tow is operating within this Regulated Navigation Area. The secondary towing rig must:\n\n(A) Be of sufficient strength for towing the vessels.\n\n(B) Have connecting devices that can receive a shackle pin of at least two inches in diameter.\n\n(C) Be fitted with recovery pickup lines led outboard of the vessel's hull.\n\n(4)  Thimble Shoals Channel controls.  (i) A vessel drawing less than 25 feet may not enter the Thimble Shoal Channel, unless the vessel is crossing the channel. Masters should consider the squat of their vessel based upon vessel design and environmental conditions. Channel crossings shall be made as perpendicular to the channel axis as possible.\n\n(ii) Except when crossing the channel, a vessel in the Thimble Shoal North Auxiliary Channel shall proceed in a westbound direction.\n\n(iii) Except when crossing the channel, a vessel in the Thimble Shoal South Auxiliary Channel shall proceed in an eastbound direction.\n\n(5)  Restrictions on vessels with impaired maneuverability \u2014(i)  Before entry.  A vessel over 100 gross tons, whose ability to maneuver is impaired by heavy weather, defective steering equipment, defective main propulsion machinery, or other damage, may not enter the Regulated Navigation Area without the permission of the Captain of the Port.\n\n(ii)  After entry.  A vessel over 100 gross tons, which is underway in the Regulated Navigation Area, that has its ability to maneuver become impaired for any reason, shall, as soon as possible, report the impairment to the Captain of the Port.\n\n(6)  Requirements for navigation charts, radars, and pilots.  No vessel over 100 gross tons may enter the Regulated Navigation Area, unless it has on board:\n\n(i) Corrected paper or electronic charts of the Regulated Navigation Area.\n\n(ii) An operative radar during periods of reduced visibility;\n\n(iii) When in inland waters, a pilot or other person on board with previous experience navigating vessels on the waters of the Regulated Navigation Area.\n\n(7)  Emergency procedures.  (i) Except as provided in paragraph (d)(7)(ii) of this section, in an emergency any vessel may deviate from the regulations in this section to the extent necessary to avoid endangering the safety of persons, property, or the environment.\n\n(ii) A vessel over 100 gross tons with an emergency that is located within two nautical miles of the CBBT or I-664 Bridge Tunnel shall notify the Captain of the Port of its location and the nature of the emergency, as soon as possible.\n\n(8)  Vessel speed limits \u2014(i)  Little Creek.  A vessel may not proceed at a speed over five knots between the Route 60 Bridge and the mouth of Fishermans Cove (Northwest Branch of Little Creek).\n\n(ii)  Southern Branch of the Elizabeth River.  A vessel may not proceed at a speed over six knots between the junction of the Southern and Eastern Branches of the Elizabeth River and the Norfolk and Portsmouth Belt Line Railroad Bridge between Chesapeake and Portsmouth, Virginia.\n\n(iii)  Norfolk Harbor Reach.  Nonpublic vessels of 300 gross tons or more may not proceed at a speed over 10 knots between the Elizabeth River Channel Lighted Gong Buoy 5 of Norfolk Harbor Reach (southwest of Sewells Point) at approximately 36\u00b058\u203200\u2033 N, 076\u00b020\u203200\u2033 W, and gated Elizabeth River Channel Lighted Buoys 17 and 18 of Craney Island Reach (southwest of Norfolk International Terminal at approximately 36\u00b054\u203217\u2033 N, and 076\u00b020\u203211\u2033 W.\n\n(9)  Port security requirements.  This paragraph shall only apply when the Commandant or the Captain of the Port sets MARSEC Level 2 or 3, as detailed in 33 CFR part 101, for any area, operation, or industry within the Regulated Navigation Area. Vessels in excess of 300 gross tons, including tug and barge combinations in excess of 300 gross tons (combined), shall not enter the Regulated Navigation Area, move within the Regulated Navigation Area, or be present within the Regulated Navigation Area, unless they comply with the following requirements:\n\n(i) Obtain authorization to enter the Regulated Navigation Area from the designated representative of the Captain of the Port prior to entry. All vessels entering or remaining in the Regulated Navigation Area may be subject to a Coast Guard boarding.\n\n(ii) Report any departure from or movement within the Regulated Navigation Area to the designated representative of the Captain of the Port prior to getting underway.\n\n(iii) The designated representative of the Captain of the Port is the Sector Command Center (SCC) which shall be contacted on VHF-FM channel 12, or by calling (757) 668-5555.\n\n(iv) In addition to the authorities listed in this part, this paragraph is promulgated under the authority under 46 U.S.C. 70116.\n\n(e)  Waivers.  (1) The Captain of the Port may, upon request, waive any regulation in this section.\n\n(2) An application for a waiver must state the need for the waiver and describe the proposed vessel operations.\n\n(f)  Control of vessels within the regulated navigation area.  (1) When necessary to avoid hazard to vessel traffic, facility or port infrastructure, or the public, the Captain of the Port may prohibit entry into the regulated area, direct the movement of a vessel or vessels, or issue orders requiring vessels to anchor or moor in specific locations.\n\n(2) If needed for the maritime, commercial or safety and security interests of the United States, the Captain of the Port may direct a vessel or vessels to move from its current location to another location within the Regulated Navigation Area, or to leave the Regulated Navigation Area completely.\n\n(3) The master of a vessel within the Regulated Navigation Area shall comply with any orders or directions issued to the master's vessel by the Captain of the Port."], ["33:33:2.0.1.6.32.6.212.48", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.502 Safety and Security Zone; Cove Point Liquefied Natural Gas Terminal, Chesapeake Bay, Maryland.", "USCG", "", "", "[CGD05-03-023, 68 FR 75133, Dec. 30, 2003, as amended by USCG-2016-0060, 81 FR 38594, June 14, 2016]", "(a)  Location.  The following area is a safety and security zone: All waters of the Chesapeake Bay, from surface to bottom, encompassed by lines connecting the following points, beginning at 38\u00b024\u203227\u2033 N, 76\u00b023\u203242\u2033 W, thence to 38\u00b024\u203244\u2033 N, 76\u00b023\u203211\u2033 W, thence to 38\u00b023\u203255\u2033 N, 76\u00b022\u203227\u2033 W, thence to 38\u00b023\u203237\u2033 N, 76\u00b022\u203258\u2033 W, thence to beginning at 38\u00b024\u203227\u2033 N, 76\u00b023\u203242\u2033 W. These coordinates are based upon North American Datum (NAD) 1983. This area is 500 yards in all directions from the Cove Point LNG terminal structure.\n\n(b)  Regulations.  (1) In accordance with the general regulations in \u00a7\u00a7 165.23 and 165.33 of this part, entry into or movement within this zone is prohibited unless authorized by the Coast Guard Captain of the Port, Maryland-National Capital Region or his designated representative. Designated representatives include any Coast Guard commissioned, warrant, or petty officer.\n\n(2) Persons desiring to transit the area of the zone may contact the Captain of the Port at telephone number (410) 576-2693 or via VHF Marine Band Radio Channel 16 (156.8 MHz) 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 or his designated representative.\n\n(c)  Enforcement.  The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, local, and private agencies."], ["33:33:2.0.1.6.32.6.212.49", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.503 Security Zone; Captain of the Port Hampton Roads Zone.", "USCG", "", "", "[CGD05-04-067, 69 FR 40769, July 7, 2004, as amended by USCG-2005-21869, 80 FR 5336, Jan. 30, 2015; USCG-2019-0943, 85 FR 6806, Feb. 6, 2020]", "(a)  Definitions.  As used in this section\u2014\n\nCertain dangerous cargo  or  CDC  means a material defined as CDC in 33 CFR 160.202.\n\nDesignated Representative  of the Captain of the Port is any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port (COTP), Virginia to act on his or her behalf.\n\nPassenger vessel  means a vessel defined as a passenger vessel in 46 CFR part 70.\n\n(b)  Location.  All navigable waters of the Captain of the Port Virginia zone (defined in 33 CFR 3.25-10) within 500 yards around a passenger vessel or vessel carrying a CDC, while the passenger vessel or vessel carrying CDC is transiting, moored or anchored.\n\n(c)  Regulations.  (1) No vessel may approach within 500 yards of a passenger vessel or vessel carrying a CDC within the Captain of the Port Virginia zone, unless traveling at the minimum speed necessary to navigate safely.\n\n(2) Under \u00a7 165.33, no vessel or person may approach within 100 yards of a passenger vessel or vessel carrying a CDC within the Captain of the Port Virginia zone, unless authorized by the COTP Virginia or his or her designated representative.\n\n(3) The COTP Virginia may notify the maritime and general public by marine information broadcast of the periods during which individual security zones have been activated by providing notice in accordance with 33 CFR 165.7.\n\n(4) A security zone in effect around a moving or anchored vessel will be enforced by a law enforcement vessel. A security zone in effect around a moored vessel will be enforced by a law enforcement agent shoreside, a law enforcement vessel waterside, or both.\n\n(5) Persons desiring to transit the area of the security zone within 100 yards of a passenger vessel or vessel carrying a CDC must contact the COTP Virginia on VHF-FM channel 16 (156.8 MHz) or telephone number (757) 668-5555 or (757) 484-8192 to seek permission to transit the area. All persons and vessels must comply with the instructions of the COTP or the COTP's designated representative.\n\n(d)  Enforcement.  The COTP will enforce these zones and may enlist the aid and cooperation of any Federal, state, county, or municipal law enforcement agency to assist in the enforcement of the regulation."], ["33:33:2.0.1.6.32.6.212.50", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.504 Newport News Shipbuilding and Dry Dock Company Shipyard, James River, Newport News, Va.", "USCG", "", "", "[CGD5 86-03, 51 FR 18322, May 19, 1986, as amended by CGD5 87-038, 52 FR 41996, Nov. 2, 1987; USCG-2019-0943, 85 FR 6806, Feb. 6, 2020]", "(a)  Location.  The following is a security zone: The waters of the James River encompassed by a line beginning at the intersection of the shoreline with the northernmost property line of the Newport News Shipbuilding and Dry Dock Co. at latitude 37\u00b000\u203238.1\u2033 N, longitude 76\u00b027\u203205.7\u2033 W, thence southerly to latitude 36\u00b059\u203258.4\u2033 N, longitude 76\u00b027\u203216.7\u2033 W, thence southeasterly to latitude 36\u00b059\u203223.0\u2033 N, longitude 76\u00b026\u203254.6\u2033 W, thence westerly to latitude 36\u00b059\u203221.5\u2033 N, longitude 76\u00b026\u203258.4\u2033 W, thence southeasterly to latitude 36\u00b059\u203212.9\u2033 N, longitude 76\u00b026\u203252.4\u2033 W, thence easterly to latitude 36\u00b059\u203214.2\u2033 N, longitude 76\u00b026\u203249.1\u2033 W, thence southeasterly to latitude 36\u00b058\u203237.8\u2033 N, longitude 76\u00b026\u203226.3\u2033 W, thence easterly to latitude 36\u00b058\u203243.5\u2033 N, longitude 76\u00b026\u203213.7\u2033 W, thence northerly to the intersection of the shoreline with the southernmost property line of the Newport News Shipbuilding and Dry Dock Co. at latitude 36\u00b058\u203248.0\u2033 N, longitude 76\u00b026\u203211.2\u2033 W, thence northwesterly along the shoreline to the point of beginning.\n\n(b)  Security zone anchorage.  The following is a security zone anchorage: The waters of the James River encompassed by a line beginning at the intersection of the shoreline with the northernmost property line of the Newport News Shipbuilding and Dry Dock Company shipyard at latitude 37\u00b000\u203238.1\u2033 N, longitude 76\u00b027\u203205.7\u2033 W, thence southerly to latitude 36\u00b059\u203258.4\u2033 N, longitude 76\u00b027\u203216.7\u2033 W, thence easterly to the shoreline at latitude 36\u00b059\u203258.5\u2033 N, longitude 76\u00b027\u203211.6\u2033 W, thence along the shoreline to the point of beginning.\n\n(c)  Special regulations.  (1) Section 165.33 (a), (e), and (f) do not apply to the following vessels or individuals on board those vessels:\n\n(i) Public vessels of the United States.\n\n(ii) Public vessels owned or operated by the Commonwealth of Virginia or its subdivisions for law enforcement or firefighting purposes.\n\n(iii) Vessels owned by, operated by, or under charter to Newport News Shipbuilding and Dry Dock Co.\n\n(iv) Vessels that are performing work at Newport News Shipbuilding and Dry Dock Co., including the vessels of subcontractors and other vendors of Newport News Shipbuilding and Dry Dock Co. or other persons that have a contractual relationship with Newport News Shipbuilding and Dry Dock Co.\n\n(v) Vessels that are being built, rebuilt, repaired, or otherwise worked on at or by Newport News Shipbuilding and Dry Dock Co. or another person authorized to perform work at the shipyard.\n\n(vi) Vessels that are authorized by Newport News Shipbuilding and Dry Dock Company to moor at and use its facilities.\n\n(vii) Commercial shellfish harvesting vessels taking clams from the shellfish beds within the zone, if\n\n(A) The owner of the vessel has previously provided the Captain of the Port, Virginia, information about the vessel, including:\n\n( 1 ) The name of the vessel;\n\n( 2 ) The vessel's official number, if documented, or state number, if numbered by a state issuing authority;\n\n( 3 ) A brief description of the vessel, including length, color, and type of vessel;\n\n( 4 ) The name, Social Security number, current address, and telephone number of the vessel's master, operator, or person in charge; and\n\n( 5 ) Upon request, information the vessel's crew.\n\n(B) The vessel is operated in compliance with any specific orders issued to the vessel by the Captain of the Port or other regulations controlling the operation of vessels within the security zone that may be in effect.\n\n(d)  Enforcement.  The U.S. Coast Guard may be assisted in the enforcement of this zone by the U.S. Navy."], ["33:33:2.0.1.6.32.6.212.51", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.505 Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake Bay, Calvert County, Maryland.", "USCG", "", "", "[CGD05-02-080, 68 FR 15053, Mar. 28, 2003, as amended by USCG-2016-0060, 81 FR 38594, June 14, 2016]", "(a)  Location.  The following area is a security zone: All waters of the Chesapeake Bay, from surface to bottom, encompassed by lines connecting the following points, beginning at 38\u00b026\u203206\u2033 N, 076\u00b026\u203218\u2033 W, thence to 38\u00b026\u203210\u2033 N, 076\u00b026\u203212\u2033 W, thence to 38\u00b026\u203221\u2033 N, 076\u00b026\u203228\u2033 W, thence to 38\u00b026\u203214\u2033 N, 076\u00b026\u203233\u2033 W, thence to beginning at 38\u00b026\u203206\u2033 N, 076\u00b026\u203218\u2033 W. These coordinates are based upon North American Datum (NAD) 1983.\n\n(b)  Regulations.  (1) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port, Maryland-National Capital Region.\n\n(2) Persons desiring to transit the area of the security zone may contact the Captain of the Port at telephone number 410-576-2693 or on VHF channel 16 (156.8 MHz) 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 or his or her designated representative.\n\n(c)  Authority:  In addition to 46 U.S.C. 70034 and 46 U.S.C. 70051, the authority for this section includes 46 U.S.C. 70116."], ["33:33:2.0.1.6.32.6.212.52", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.506 Safety Zones; Fireworks Displays in the USCG East District.", "USCG", "", "", "[USCG-2020-0138, 86 FR 57363, Oct. 15, 2021, as amended by USCG-2022-0131, 87 FR 29228, May 13, 2022; USCG-2023-0127, 88 FR 32109, May 19, 2023]", "(a)  Definitions.  The following definitions apply to this section:\n\nEvent Patrol Commander  or  Event PATCOM  means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the respective Coast Guard Sector\u2014COTP to enforce these regulations.\n\nOfficial patrol  means any vessel assigned or approved by the respective Captain of the Port (COTP) with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign, or any state or local law enforcement vessel approved by the COTP in accordance with current local agreements.\n\n(b)  Applicability.  This section applies to the safety zones listed in paragraph (h) of this section.\n\n(c)  Enforcement periods and COTP notification to the public.  The COTP for the area where an event will be held will annually notify the public of each enforcement of a safety zone in paragraph (h) of this section by all appropriate means to affect the widest publicity among the affected public, including by Local Notices to Mariners and by Broadcast Notice to Mariners over VHF-FM marine band radio. The announcement will contain the details of the fireworks display, including the date(s) and time(s) of the enforcement period of the regulation with respect to that safety zone and the affected geographical area. Broadcasts may be made for these events beginning 24 to 48 hours before the event is scheduled to begin. The enforcement period(s) for each safety zone in paragraph (h) of this section is subject to change, but the duration of enforcement will remain the same, or nearly the same, total amount of time as stated in its table. An event may be conducted on the day following the date listed in paragraph (h) of this section in the case of inclement weather. Unless the COTP notifies the public otherwise, the safety zones in paragraph (h) of this section will be enforced from 5:30 p.m. on the date listed in paragraph (h) to 1 a.m. the date following the last date listed in paragraph (h) for an event.\n\n(d)  Regulations.  (1) The general regulations contained in 33 CFR 165.23 apply.\n\n(2) Vessels may not enter, remain in, or transit through the safety zones during enforcement unless authorized to do so by the COTP or the Event PATCOM.\n\n(3) The Coast Guard may assign an official patrol to each fireworks display listed in paragraph (h) of this section. For each fireworks display assigned a patrol, a Coast Guard Event Patrol Commander (Event PATCOM) will be assigned to oversee the patrol. All persons and vessels must comply with the instructions of the Coast Guard COTP, Event PATCOM, or the official patrol. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of a vessel must proceed as directed.\n\n(e)  Warning signs.  (1) The pyrotechnic operator, or the agent of a professional pyrotechnics company, contracted by an event sponsor to conduct the fireworks display must ensure that a warning sign is affixed to the port and starboard side of the floating platform and visible each day the safety zone will be enforced. For a shore-based launch site, the pyrotechnic operator must ensure a warning sign is visible 3 feet above the ground level, on a post immediately adjacent to the shoreline, facing the water each day the safety zone will be enforced.\n\n(2) The warning sign in paragraph (e)(1) of this section will be labeled \u201cFIREWORKS\u2014DANGER\u2014STAY AWAY\u201d. The sign must be: Diamond shaped, sized 4 feet by 4 feet, have a white background, and have a 3-inch orange retro-reflective border. The word \u201cDANGER\u201d must be in 10-inch black block letters centered on the sign. The words \u201cFIREWORKS\u201d and \u201cSTAY AWAY\u201d must be in 6-inch black block letters placed above and below the word \u201cDANGER\u201d.\n\n(f)  Postponement or cancellation.  The COTP or Event PATCOM may order the postponement or cancellation of a fireworks display at any time if, in their sole discretion, it is determined that the display cannot be conducted in a safe manner.\n\n(g)  Contact information.  The public should contact the Coast Guard COTP for the area in which the event is occurring if they have questions about these safety zones. Contact information is listed below. For a description of the geographical area of each Coast Guard Sector\u2014Captain of the Port zone, please see 33 CFR 3.25.\n\n(1) Coast Guard Sector Delaware Bay\u2014Captain of the Port Zone, Philadelphia, Pennsylvania: (215) 271-4940, email:  D05-smb-secdelbay-WWM@uscg.mil.\n\n(2) Coast Guard Sector Maryland-National Capital Region\u2014Captain of the Port Zone, Baltimore, Maryland: (410) 576-2525, email:  D05-DG-SectorMD-NCR-MarineEvents@uscg.mil.\n\n(3) Coast Guard Sector Virginia\u2014Captain of the Port Zone, Portsmouth, Virginia: (757) 483-8567; email:  D05-DG-SECTORVA-WTRWAY@uscg.mil.\n\n(4) Coast Guard Sector North Carolina\u2014Captain of the Port Zone, Wilmington, North Carolina: (910) 343-3882, email:  ncmarineevents@uscg.mil.\n\n(h)  Tables to \u00a7 165.506(h).  All coordinates listed reference Datum NAD 1983. As noted in paragraph (c) of this section, the enforcement period for each of the listed safety zones is subject to change.\n\n(1) Coast Guard Sector Delaware Bay\u2014COTP Zone\n\nTable 1 to Paragraph ( h )(1)\n\n(2) Coast Guard Sector Maryland-National Capital Region\u2014COTP Zone\n\nTable 2 to Paragraph ( h )(2)\n\n(3) Coast Guard Sector Virginia\u2014COTP Zone\n\nTable 3 to Paragraph ( h )(3)\n\n(4) Coast Guard Sector North Carolina\u2014COTP Zone\n\nTable 4 to Paragraph ( h )(4)"], ["33:33:2.0.1.6.32.6.212.53", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.507 Security Zone; Chesapeake Bay, between Sandy Point and Kent Island, MD.", "USCG", "", "", "[USCG-2014-0296, 79 FR 49690, Aug. 22, 2014, as amended by USCG-2016-0060, 81 FR 38594, June 14, 2016]", "(a)  Definitions.  The \u201cCaptain of the Port, Maryland-National Capital Region\u201d means the Commander, Coast Guard Sector Maryland-National Capital Region or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port, Maryland-National Capital Region to act on his or her behalf.\n\n(b)  Location.  The following area is a security zone: All waters of the Chesapeake Bay, from the surface to the bottom, within 250 yards north of the north (westbound) span of the William P. Lane Jr. Memorial Bridge, and 250 yards south of the south (eastbound) span of the William P. Lane Jr. Memorial Bridge, from the western shore at Sandy Point to the eastern shore at Kent Island, Maryland.\n\n(c)  Regulations.  (1) All persons are required to comply with the general regulations governing security zones found in \u00a7 165.33 of this part.\n\n(2) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port, Maryland-National Capital Region.\n\n(3) Persons or vessels requiring entry into or passage through the security zone must first request authorization from the Captain of the Port, Sector Maryland-National Capital Region seek permission to transit the area. The Captain of the Port, Maryland-National Capital Region can be contacted at telephone number (410) 576-2693. The Coast Guard vessels enforcing this section can be contacted on VHF Marine Band Radio, VHF channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port, Maryland-National Capital Region and proceed at the minimum speed necessary to maintain a safe course while within the zone.\n\n(d)  Enforcement.  The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies.\n\n(e)  Enforcement period.  This section will be enforced annually on the second Sunday in November from 7 a.m. to 11 a.m., and if necessary due to inclement weather, on the third Sunday in November from 7 a.m. to 11 a.m."], ["33:33:2.0.1.6.32.6.212.54", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.508 Security Zone; Potomac River and Anacostia River, and adjacent waters; Washington, DC.", "USCG", "", "", "[USCG-2016-0675, 81 FR 81005, Nov. 17, 2016]", "(a)  Location.  Coordinates used in this paragraph are based on NAD83. The following areas are security zones:\n\n(1)  Zone 1.  All navigable waters of the Potomac River, from shoreline to shoreline, bounded to the north by the Francis Scott Key (US-29) Bridge, at mile 113, and bounded to the south by a line drawn from the Virginia shoreline at Ronald Reagan Washington National Airport, at 38\u00b051\u203221.3\u2033 N., 077\u00b002\u203200.0\u2033 W., eastward across the Potomac River to the District of Columbia shoreline at Hains Point at position 38\u00b051\u203224.3\u2033 N., 077\u00b001\u203219.8\u2033 W., including the waters of the Boundary Channel, Pentagon Lagoon, Georgetown Channel Tidal Basin, and Roaches Run;\n\n(2)  Zone 2.  All navigable waters of the Anacostia River, from shoreline to shoreline, bounded to the north by the John Philip Sousa (Pennsylvania Avenue) Bridge, at mile 2.9, and bounded to the south by a line drawn from the District of Columbia shoreline at Hains Point at position 38\u00b051\u203224.3\u2033 N., 077\u00b001\u203219.8\u2033 W., southward across the Anacostia River to the District of Columbia shoreline at Giesboro Point at position 38\u00b050\u203252.4\u2033 N., 077\u00b001\u203210.9\u2033 W., including the waters of the Washington Channel;\n\n(3)  Zone 3.  All navigable waters of the Potomac River, from shoreline to shoreline, bounded to the north by a line drawn from the Virginia shoreline at Ronald Reagan Washington National Airport, at 38\u00b051\u203221.3\u2033 N., 077\u00b002\u203200.0\u2033 W., eastward across the Potomac River to the District of Columbia shoreline at Hains Point at position 38\u00b051\u203224.3\u2033 N., 077\u00b001\u203219.8\u2033 W., thence southward across the Anacostia River to the District of Columbia shoreline at Giesboro Point at position 38\u00b050\u203252.4\u2033 N., 077\u00b001\u203210.9\u2033 W., and bounded to the south by the Woodrow Wilson Memorial (I-95/I-495) Bridge, at mile 103.8.\n\n(4)  Zone 4.  All navigable waters of the Georgetown Channel of the Potomac River, 75 yards from the eastern shore measured perpendicularly to the shore, between the Long Railroad Bridge (the most eastern bridge of the 5-span, Fourteenth Street Bridge Complex) to the Theodore Roosevelt Memorial Bridge; and all waters in between, totally including the waters of the Georgetown Channel Tidal Basin.\n\n(5)  Zone 5.  All navigable waters in the Potomac River, including the Boundary Channel and Pentagon Lagoon, bounded on the west by a line running north to south from points along the shoreline at 38\u00b052\u203250\u2033 N., 077\u00b003\u203225\u2033 W., thence to 38\u00b052\u203249\u2033 N., 077\u00b003\u203225\u2033 W.; and bounded on the east by a line running from points at 38\u00b053\u203210\u2033 N., 077\u00b003\u203230\u2033 W., thence northeast to 38\u00b053\u203212\u2033 N., 077\u00b003\u203226\u2033 W., thence southeast to 38\u00b052\u203231\u2033 N., 077\u00b002\u203234\u2033 W., and thence southwest to 38\u00b052\u203228\u2033 N., 077\u00b002\u203238\u2033 W.\n\n(6)  Zone 6.  All navigable waters described in paragraphs (a)(1) through (a)(3) of this section.\n\n(b)  Regulations.  The general security zone regulations found in 33 CFR 165.33 apply to the security zones created by this section, \u00a7 165.508.\n\n(1) Entry into or remaining in a zone listed in paragraph (a) in this section is prohibited unless authorized by the Coast Guard Captain of the Port Maryland-National Capital Region. Public vessels and vessels already at berth at the time the security zone is implemented do not have to depart the security zone. All vessels underway within the security zone at the time it is implemented are to depart the zone at the time the security zone is implemented.\n\n(2) Persons desiring to transit the area of the security zone must first obtain authorization from the Captain of the Port Maryland-National Capital Region or his or her designated representative. To seek permission to transit the area, the Captain of the Port Maryland-National Capital Region and his or her designated representatives can be contacted at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Maryland-National Capital Region or his designated representative and proceed at the minimum speed necessary to maintain a safe course while within the zone.\n\n(3) The U.S. Coast Guard may be assisted in the patrol and enforcement of the security zones listed in paragraph (a) in this section by Federal, State, and local agencies.\n\n(c)  Definitions.  As used in this section:\n\nCaptain of the Port Maryland-National Capital Region  means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region or any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his or her behalf.\n\nDesignated representative  means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcing the security zones described in paragraph (a) of this section.\n\nPublic vessel  means a vessel that is owned or demise-(bareboat) chartered by the government of the United States, by a State or local government, or by the government of a foreign country and that is not engaged in commercial service.\n\n(d)  Enforcement.  (1) In addition to the specified times in paragraphs (d)(2) through (4) of this section, the security zones created by this section will be enforced only upon issuance of a notice of enforcement by the Captain of the Port Maryland-National Capital Region. The Captain of the Port Maryland-National Capital Region will cause notice of enforcement of these security zones to be made by all appropriate means to the affected segments of the public of the enforcement dates and times of the security zones including publication in the  Federal Register,  in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to Broadcast Notice to Mariners or Local Notice to Mariners.\n\n(2) Security Zone 4, established in paragraph (a)(4) of this section, will be enforced annually, from 12:01 a.m. to 11:59 p.m. on July 4.\n\n(3) Security Zone 5, established in paragraph (a)(5) of this section, will be enforced annually on three dates: Memorial Day (observed), September 11, and November 11. Security Zone 5 will be enforced from 10 a.m. until 1 p.m. on Memorial Day (observed); from 8 a.m. until 11:59 a.m. on September 11; and from 10 a.m. until 1 p.m. on November 11.\n\n(4) Security Zone 6, established in paragraph (a)(6) of this section, will be enforced annually on the day the State of the Union Address is delivered. Security Zone 6 will be enforced from 9 a.m. on the day of the State of the Union Address until 2 a.m. on the following day.\n\n(e)  Suspension of enforcement.  (1) The Captain of the Port Maryland-National Capital Region may suspend enforcement of the enforcement period in paragraphs (d)(1) through(4) in this section earlier than listed in the notice of enforcement. Should the Captain of the Port Maryland-National Capital Region suspend the zone earlier than the duration listed, he or she will make the public aware of this suspension by Broadcast Notice to Mariners and/or on-scene notice by his or her designated representative."], ["33:33:2.0.1.6.32.6.212.55", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.509 Security Zone; Severn River and College Creek, Annapolis, MD.", "USCG", "", "", "[CGD05-06-112, 72 FR 24188, May 2, 2007, as amended by USCG-2016-0060, 81 FR 38594, June 14, 2016]", "(a)  Definitions.  For purposes of this section, the  Captain of the Port, Maryland-National Capital Region  means the Commander, Coast Guard Sector Maryland-National Capital Region or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port, Maryland-National Capital Region to act on his or her behalf.\n\n(b)  Location.  The following area is a security zone: All waters of the Severn River, from shoreline to shoreline, bounded by a line drawn from Horseshoe Point, at 38\u00b059\u203247.6\u2033 N, 076\u00b029\u203233.2\u2033 W; eastward across the Severn river to a point located at 39\u00b000\u203201.5\u2033 N, 076\u00b029\u203208.5\u2033 W; and a line drawn from Biemans Point, at 38\u00b059\u203214.4\u2033 N, 076\u00b028\u203230.1\u2033 W; westward across the Severn River to a point 38\u00b059\u203203.5\u2033 N, 076\u00b028\u203250.0\u2033 W, located on the Naval Academy waterfront. This security zone includes the waters of College Creek eastward of the King George Street Bridge (NAD 1983).\n\n(c)  Regulations.  (1) The general regulations governing security zones found in \u00a7 165.33 apply to the security zone described in paragraph (b) of this section.\n\n(2) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port, Maryland-National Capital Region.\n\n(3) Persons or vessels requiring entry into or passage through the security zone must first request authorization from the Captain of the Port, Sector Maryland-National Capital Region seek permission to transit the area. The Captain of the Port, Maryland-National Capital Region can be contacted at telephone number (410) 576-2693. The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port, Maryland-National Capital Region and proceed at the minimum speed necessary to maintain a safe course while within the zone.\n\n(d)  Enforcement.  The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies.\n\n(e)  Enforcement period.  This section will be enforced annually on the Friday before the Memorial Day holiday in May from 7:30 a.m. to 2 p.m. local time."], ["33:33:2.0.1.6.32.6.212.56", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.510 Delaware Bay and River, Salem River, Christina River and Schuylkill River-Regulated Navigation Area.", "USCG", "", "", "[CGD 05-96-010, 62 FR 40275, July 28, 1997, as amended by USCG-2000-7223, 65 FR 40058, June 29, 2000; USCG-2005-21869, 80 FR 5336, Jan. 30, 2015]", "(a)  Regulated Navigation Area.  The following is a Regulated Navigation Area: The navigable waters of Delaware Bay and River, Salem River, Christina River, and Schuylkill River, in an area bounded on the south by a line drawn across the entrance to the Delaware Bay between Cape May Light and Harbor of Refuge Light and then continuing to the northernmost extremity of Cape Henlopen, and bounded on the north by a line drawn across the Delaware River between Trenton, NJ and Morrisville, PA along the southern side of the U.S. Route 1 Bridge.\n\n(b)  Definitions.  As used in this section:\n\nCOTP  means the Captain of the Port, Delaware Bay and any Coast Guard commissioned, warrant or petty officer who has been authorized by the COTP to act on his or her behalf.\n\nDangerous Cargo  means those cargoes listed in \u00a7 160.202 of this chapter when carried in bulk, but does not include cargoes listed in table 1 of 46 CFR part 153.\n\nUnderway  means that a vessel is not at anchor, made fast to the shore, or aground.\n\n(c)  Applicability.  This section applies to any vessel operating within the Regulated Navigation Area, including a naval or public vessel, except a vessel engaged in:\n\n(1) Law enforcement;\n\n(2) Servicing aids to navigation; or\n\n(3) Surveying, maintaining, or improving waters within the Regulated Navigation Area.\n\n(d)  Draft limitation.  Unless otherwise authorized by the COTP, no vessel with a draft greater than 55 feet may enter this regulated navigation area.\n\nThe project depth in many areas of the Regulated Navigation Area is less than 55 feet.\n\n(e)  Oil transfer operations.  Unless otherwise authorized by the COTP, no vessel to vessel oil transfer operations, excluding bunkering, may be conducted within the area between the southern boundary of this regulated navigation area and the southern span of the Delaware Memorial Bridge except within the anchorage ground designated in 110.157(a)(1) of this chapter.\n\n(f)  Requirements for vessels carrying dangerous cargoes.  The master, owner, or operator of a vessel carrying a dangerous cargo shall:\n\n(1) Notify the COTP at least 72 hours before the vessel enters or departs the regulated navigation area and at least 12 hours before the vessel moves within the regulated navigation area. The notice must include a report of the vessel's propulsion and machinery status and, for foreign flag vessels, the notice must include any outstanding deficiencies identified by the vessel's flag state or classification society;\n\n(2) Not enter, get or remain underway within the regulated navigation area if visibility is or is expected to be less than two (2) miles. If during the transit visibility becomes less than two (2) miles, the vessel must seek safe anchorage and notify the COTP immediately;\n\n(3) Not anchor in any area within the regulated navigation area unless in times of emergency or with COTP permission;\n\n(4) Not transfer dangerous cargo while the vessel is at anchor or bunkering;\n\n(5) Maintain a manned watch in the steering compartment whenever the vessel is underway within the regulated navigation area unless the vessel has two separate and independent steering control systems with duplicate pilothouse steering gear control systems which meet the requirements of 46 CFR 58.25-70;\n\n(6) When anchored within the regulated navigation area and:\n\n(i) Sustained winds are greater than 25 knots but less than 40 knots, ensure the main engines are ready to provide full power in five minutes or less; and\n\n(ii) Sustained winds are 40 knots or over, ensure that the main engines are on line to immediately provide propulsion;\n\n(7) While moored within the regulated navigation area, ensure that at least two wire cable mooring lines (firewarps) are rigged and ready for use as emergency towing hookups fore and aft on the outboard side of the vessel;\n\n(8) While underway or anchored within the regulated navigation area, ensure that at least two wire cable mooring lines (firewarps) are rigged and ready for use as emergency towing hookups fore and aft on the vessel; and,\n\n(9) Proceed as directed by the COTP.\n\n(g)  Requirements for vessels operating in the vicinity of a vessel carrying dangerous cargoes.  (1) Except for a vessel that is attending a vessel carrying dangerous cargo with permission from the master of the vessel carrying dangerous cargo or a vessel that is anchored or moored at a marina, wharf, or pier, and which remains moored or at anchor, no vessel may, without the permission of the COTP:\n\n(i) Come or remain within 500 yards of the port or starboard side or within 1,000 yards of the bow or stern of an underway vessel that is carrying dangerous cargo; or\n\n(ii) Come or remain within 100 yards of a moored or anchored vessel carrying dangerous cargo.\n\n(2) The master, owner, or operator of any vessel receiving permission under paragraph (g)(1) of this section shall:\n\n(i) Maintain a continuous radio guard on VHF-FM channels 13 and 16;\n\n(ii) Operate at \u201cno wake\u201d speed or the minimum speed needed to maintain steerage; and\n\n(iii) Proceed as directed by the COTP.\n\n(3) No vessel may overtake a vessel carrying dangerous cargoes unless the overtaking can be completed before reaching any bend in the channel. Before any overtaking, the pilots, masters or operators of both the overtaking vessel and the vessel being overtaken must clearly agree on the circumstances of the overtaking, including vessel speeds, time and location of overtaking.\n\n(h)  Additional restrictions above the C&D Canal.  When operating on the Delaware River above the C&D Canal:\n\n(1) A vessel carrying dangerous cargo must be escorted by at least one commercial tug; and\n\n(2) Meeting situations shall be avoided on river bends to the maximum extent possible.\n\n(i) The COTP will issue a Broadcast Notice to Mariners to inform the marine community of scheduled vessel movements during which the restrictions imposed by paragraphs (g) and (h) of this section will be in effect."], ["33:33:2.0.1.6.32.6.212.57", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.511 Security Zone; Atlantic Ocean, Chesapeake & Delaware Canal, Delaware Bay, Delaware River and its tributaries.", "USCG", "", "", "[CGD05-04-047, 69 FR 56697, Sept. 22, 2004, as amended by USCG-2015-0433, 80 FR 44286, July 27, 2015]", "(a)  Location.  A 500-yard radius around escorted passenger vessels in the Captain of the Port, Delaware Bay zone as defined in 33 CFR 3.25-05.\n\n(b)  Regulations.  (1) All persons are required to comply with the general regulations governing security zones in \u00a7 165.33 of this part.\n\n(2) All persons or vessels operating at the minimum safe speed necessary to maintain navigation may transit within 500 yards of an escorted passenger vessel without the permission of the Captain of the Port Delaware Bay, PA or designated representative while the escorted passenger vessel is in the Captain of the Port Delaware Bay zone.\n\n(3) No person or vessel may transit or remain within 100 yards of an escorted passenger vessel without the permission of the Captain of the Port Delaware Bay or designated representative while the passenger vessel is in the Captain of the Port Philadelphia zone.\n\n(4) Any person or vessel authorized to enter the security zone must operate in strict conformance with any directions given by the Captain of the Port Delaware Bay or designated representative and leave the security zone immediately if the Captain of the Port Delaware Bay or designated representative so orders.\n\n(5) When an escorted passenger vessel approaches within 100 yards of any vessel that is moored or anchored, the stationary vessel must stay moored or anchored while it remains within 100 yards of the passenger vessel unless it is either ordered by or given permission by the Captain of the Port, Delaware Bay or designated representative to do otherwise.\n\n(6) The Coast Guard designated representative enforcing this section can be contacted on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port can be contacted at (215) 271-4807.\n\n(c)  Maneuver-restricted vessels.  When conditions permit, the Captain of the Port or designated representative should:\n\n(1) Permit vessels constrained by their navigational draft or restricted in their ability to maneuver to pass within the 100 yards of the passenger vessel in order to ensure safe passage in accordance with the Navigation Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E)); and\n\n(2) Permit vessels constrained by their navigational draft or restricted in their ability to maneuver that must transit via a navigable channel or waterway to pass within 100 yards of an anchored passenger vessel.\n\n(d)  Definitions.  As used in this section\u2014\n\nCaptain of the Port  means the Commanding Officer of the Coast Guard Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act as a designated representative on his behalf.\n\nEscort  means assets (surface or air) with the Coast Guard insignia that accompany and protect the escorted vessel, armed with crew-served weapons that are manned and ready.\n\nPassenger vessels  means vessels greater than 100 feet in length, over 100 gross tons that are authorized to carry 500 or more passengers, making voyages lasting more than 24 hours, except for ferries."], ["33:33:2.0.1.6.32.6.212.58", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.512 Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD.", "USCG", "", "", "[CGD05-07-010, 72 FR 34624, June 25, 2007, as amended by USCG-2012-1075, 78 FR 14189, Mar. 5, 2013; USCG-2016-0060, 81 FR 38594, June 14, 2016]", "(a)  Definitions.  For the purposes of this section:\n\n(1)  Captain of the Port, Maryland-National Capital Region  means the Commander, Coast Guard  Maryland-National Capital Region or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port, Maryland-National Capital Region to act on his or her behalf.\n\n(2)  USS CONSTELLATION \u201cturn-around\u201d participants  means the USS CONSTELLATION, its support craft and the accompanying towing vessels.\n\n(b)  Location.  The following area is a moving safety zone: All waters, from surface to bottom, within 200 yards ahead of or 100 yards outboard or aft of the historic sloop-of-war USS CONSTELLATION, while operating in the Inner Harbor, the Northwest Harbor and the Patapsco River.\n\n(c)  Regulations.  (1) The general regulations governing safety zones, found in \u00a7 165.23, apply to the safety zone described in paragraph (b) of this section.\n\n(2) With the exception of USS CONSTELLATION \u201cturn-around\u201d participants, entry into or remaining in this zone is prohibited, unless authorized by the Captain of the Port, Maryland-National Capital Region.\n\n(3) Persons or vessels requiring entry into or passage through the moving safety zone must first request authorization from the Captain of the Port, Maryland-National Capital Region to seek permission to transit the area. The Captain of the Port, Maryland-National Capital Region can be contacted at telephone number (410) 576-2693. The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF Channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the person or vessel shall proceed as directed. If permission is granted, all persons or vessels must comply with the instructions of the Captain of the Port, Maryland-National Capital Region, and proceed at the minimum speed necessary to maintain a safe course while within the zone.\n\n(d)  Enforcement.  The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State and local agencies.\n\n(e)  Enforcement period.  This section will be enforced from 2 p.m. through 7 p.m. on the Thursday before Memorial Day (observed), and, if necessary due to inclement weather, from 2 p.m. through 7 p.m. on the Thursday following Memorial Day (observed)."], ["33:33:2.0.1.6.32.6.212.59", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.513 Safety Zone; Magothy River, Sillery Bay, MD.", "USCG", "", "", "[USCG-2012-0001, 77 FR 24840, Apr. 26, 2012, as amended by USCG-2016-0060, 81 FR 38595, June 14, 2016]", "(a)  Regulated area.  The following area is a safety zone: All waters of the Magothy River, in Sillery Bay, contained within lines connecting the following positions: From position latitude 39\u00b004\u203240\u2033 N, longitude 076\u00b027\u203244\u2033 W; thence to position latitude 39\u00b004\u203248\u2033 N, longitude 076\u00b027\u203219\u2033 W; thence to position latitude 39\u00b004\u203259\u2033 N, longitude 076\u00b027\u203245\u2033 W; thence to position latitude 39\u00b004\u203259\u2033 N, longitude 076\u00b028\u203201\u2033 W; thence to position latitude 39\u00b004\u203241\u2033 N, longitude 076\u00b027\u203251\u2033 W; thence to the point of origin at position latitude 39\u00b004\u203240\u2033 N, longitude 076\u00b027\u203244\u2033 W. All coordinates reference Datum NAD 1983.\n\n(b)  Definitions.  As used in this section:\n\n(1)  Captain of the Port Baltimore  means the Commander, U.S. Coast Guard Sector Baltimore, Maryland.\n\n(2)  Designated representative  means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Baltimore to assist in enforcing the safety zone described in paragraph (a) of this section.\n\n(c)  Regulations.  (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 165.23.\n\n(2) All vessels and persons are prohibited from entering and accessing this safety zone, except as authorized by the Captain of the Port, Maryland-National Capital Region or his or her designated representative.\n\n(3) Persons or vessels requiring entry into or passage within the safety zone must request authorization from the Captain of the Port, Maryland-National Capital Region or his or her designated representative, by telephone at (410) 576-2693 or by marine band radio on VHF-FM Channel 16 (156.8 MHz), from 8 a.m. until 10 p.m. on the fourth Saturday in July annually. All Coast Guard vessels enforcing this safety zone can be contacted on marine band radio VHF-FM Channel 16 (156.8 MHz).\n\n(4) All vessels and persons must comply with instructions of the Captain of the Port, Maryland-National Capital Region or his or her designated representative.\n\n(5) The operator of any vessel entering or located within this safety zone shall:\n\n(i) Travel at no-wake speed,\n\n(ii) Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on board a vessel displaying a Coast Guard Ensign, and\n\n(iii) Proceed as directed by any commissioned, warrant or petty officer on board a vessel displaying a Coast Guard Ensign.\n\n(d)  Enforcement.  The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by any Federal, State, and local agencies.\n\n(e)  Enforcement period.  This section will be enforced from 8 a.m. until 10 p.m. on the fourth Saturday in July annually."], ["33:33:2.0.1.6.32.6.212.60", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.514 Safety Zone: Atlantic Intracoastal Waterway and connecting waters, vicinity of Marine Corps Base Camp Lejeune, North Carolina.", "USCG", "", "", "[CGD 05-98-38, 63 FR 58636, Nov. 2, 1998, as amended by USCG-2000-7223, 65 FR 40058, June 29, 2000; CGD05-03-167, 69 FR 41946, July 13, 2004; USCG-2011-0368, 76 FR 26605, May 9, 2011; USCG-2015-0433, 80 FR 44286, July 27, 2015]", "(a)  Location.  The following area is a safety zone: All waters of the Atlantic Intracoastal Waterway (AICW) and connecting waters, from Bogue Sound\u2014New River Light 58 (LLNR 39210) at approximate position 34\u00b037\u203257\u2033 North, 077\u00b012\u203218\u2033 West, and continuing in the AICW southwest to Bogue Sound\u2014New River Daybeacon 70 (LLNR 39290) at approximate position 34\u00b033\u203207\u2033 North, 077\u00b020\u203230\u2033 West. All coordinates reference Datum: NAD 1983.\n\n(b)  Regulations.  Notwithstanding the provisions of 33 CFR 334.440(e)(2)(i), no vessel may enter the safety zone described in paragraph (a) of this section while weapons firing exercises are in progress, except as provided in paragraph (c) of this section or unless permitted by the Captain of the Port (COTP) North Carolina.\n\n(1) Red warning flags or red warning lights will be displayed on towers located at both ends of the safety zone (Bear Creek and Cedar Point) while firing exercises are in progress. The flags or lights will be displayed by 8 a.m. on days where firing exercises are scheduled, and will be removed at the end of the firing exercise.\n\n(2) A Coast Guard or U.S. Navy vessel will patrol each end of the safety zone to ensure the public is aware that firing exercises are in progress and that the firing area is clear of vessel traffic before weapons are fired.\n\n(c)  General information \u2014(1)  Announcements.  The COTP North Carolina will announce the specific times and locations of firing exercises by Broadcast Notice to Mariners and Local Notice to Mariners. Normally, weapons firing for each firing exercise is limited to a two nautical mile portion of the safety zone. The COTP may issue general permission to transit all or specified parts of the safety zone outside of the actual firing area or if firing is temporarily stopped. This general permission will be announced in a Local Notice to Mariners and Broadcast Notice to Mariners.\n\n(2)  Camp Lejeune artillery operations.  Artillery weapons firing over the AICW from Marine Corps Base Camp Lejeune will be suspended and vessels permitted to transit the specified 2-nautical-mile firing area for a 1-hour period beginning at the start of each odd-numbered hour local time (e.g., 9 a.m.; 1 p.m.). A vessel may not enter the specified firing area unless it will be able to complete its transit of the firing area before firing exercises are scheduled to re-start.\n\n(3)  Atlantic Ocean naval gunnery live fire operations.  Naval gunnery live fire operations over the AICW from off shore on the Atlantic Ocean may be conducted for periods not to exceed 4 hours, then suspended and vessels permitted to transmit the specified two-mile firing area for a minimum of one hour before firing may resume. A vessel may not enter the specified firing area unless it will be able to complete its transit of the firing area before firing exercises are scheduled to re-start.\n\n(d)  Contact information.  U.S. Navy safety vessels may be contacted on VHF marine band radio channels 13 (156.65 MHz) and 16 (156.8 MHz). The Captain of the Port may be contacted at Sector North Carolina by telephone at (877) 229-0770 or (910) 772-2200."], ["33:33:2.0.1.6.32.6.212.61", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina.", "USCG", "", "", "[59 FR 33200, June 28, 1994, as amended by USCG-2000-7223, 65 FR 40059, June 29, 2000; USCG-2011-0368, 76 FR 26605, May 9, 2011]", "(a)  Location.  The following area is a safety zone:\n\n(1) The waters of the Cape Fear River bounded by a line connecting the following points:\n\n(2) The safety zone boundary can be described as follows: starting at the stern of the Battleship USS NORTH CAROLINA, across the Cape Fear River to the north end of the Coast Guard moorings, down along the east bank of the Cape Fear River to the bow of the tug CAPTAIN JOHN TAXIS Memorial (Chandler's Wharf), back across the Cape Fear River to Eagle Island, and then up along the west bank of the Cape Fear River to the stern of the Battleship USS NORTH CAROLINA.\n\n(b)  Definitions. The designated representative of the Captain of the Port  is any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port, North Carolina to act on his behalf.\n\n(c)  General information.  The Captain of the Port and the Command Duty Officer at Sector North Carolina can be contacted at telephone number (877) 229-0770 or (910) 772-2200. The Coast Guard Patrol Commander and the senior boarding officer on each vessel enforcing the safety zone can be contacted on VHF-FM channels 16 and 81.\n\n(d)  Regulation.  Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area.\n\n(1) The operator of any vessel in the immediate vicinity of this safety zone shall:\n\n(i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard Ensign.\n\n(ii) Proceed as directed by any commissioned, warrant, or petty officer on board a vessel displaying a Coast Guard Ensign.\n\n(2) Any spectator vessel may anchor outside of the regulated area specified in paragraph (a) of the section, but may not block a navigable channel.\n\n(e)  Effective date.  The Captain of the Port will issue a Marine Safety Information Broadcast and a Notice to Mariners to notify the public when this section is in effect."], ["33:33:2.0.1.6.32.6.212.62", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.516 Safety Zones; Waterway Training Areas, Captain of the Port Maryland-National Capital Region Zone.", "USCG", "", "", "[USCG-2019-0765, 85 FR 2033, Jan. 14, 2020]", "(a)  Regulated areas.  The following areas are established as safety zones (these coordinates are based on Datum NAD 83):\n\n(1)  Waterway training area Alpha.  All waters of the Patapsco River, encompassed by a line connecting the following points beginning at 39\u00b014\u203207.98\u2033 N, 076\u00b032\u203258.50\u2033 W; thence to 39\u00b013\u203234.98\u2033 N, 076\u00b032\u203224.00\u2033 W; thence to 39\u00b013\u203222.50\u2033 N, 076\u00b032\u203228.98\u2033 W; thence to 39\u00b013\u203221.00\u2033 N, 076\u00b033\u203212.00\u2033 W; and back to the beginning point.\n\n(2)  Waterway training area Bravo.  All waters of the Chesapeake Bay, encompassed by a line connecting the following points beginning at 39\u00b005\u203225.98\u2033 N, 076\u00b020\u203220.04\u2033 W; thence to 39\u00b004\u203240.02\u2033 N, 076\u00b019\u203228.98\u2033 W; thence to 39\u00b002\u203245.00\u2033 N, 076\u00b022\u203209.00\u2033 W; thence to 39\u00b003\u203230.00\u2033 N, 076\u00b023\u203200.00\u2033 W; and back to the beginning point.\n\n(3)  Waterway training area Charlie.  All waters of the Potomac River, encompassed by a line connecting the following points beginning at 38\u00b000\u203228.80\u2033 N, 076\u00b022\u203243.80\u2033 W; thence to 38\u00b001\u203218.00\u2033 N, 076\u00b021\u203254.00\u2033 W; thence to 38\u00b005\u203206.00\u2033 N, 076\u00b027\u203243.20\u2033 W; thence to 38\u00b004\u203240.20\u2033 N, 076\u00b028\u203234.20\u2033 W; and back to the beginning point.\n\n(4)  Waterway training area Delta.  All waters of the Potomac River, encompassed by a line connecting the following points beginning at 38\u00b032\u203231.14\u2033 N, 077\u00b015\u203229.82\u2033 W; thence to 38\u00b032\u203248.18\u2033 N, 077\u00b015\u203254.24\u2033 W; thence to 38\u00b033\u203234.56\u2033 N, 077\u00b015\u203207.20\u2033 W; thence to 38\u00b033\u203215.06\u2033 N, 077\u00b014\u203239.54\u2033 W; and back to the beginning point.\n\n(b)  Definitions.  As used in this section\u2014\n\nCaptain of the Port (COTP)  means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region.\n\nDesignated representative  means a Coast Guard commissioned, warrant, or petty officer designated by or assisting the COTP in the enforcement of the safety zones.\n\nTraining participant  means a person or vessel authorized by the COTP as participating in the training event or otherwise designated by the COTP or the COTP's designated representative as having a function tied to the training event.\n\n(c)  Regulations.  (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zones described in paragraph (a) of this section unless authorized by the COTP or the COTP's designated representative.\n\n(2) Except for training participants, all vessels underway within this safety zone at the time it is activated are to depart the zone. To seek permission to enter, contact the COTP or the COTP's designated representative by telephone number 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative.\n\n(3) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies.\n\n(d)  Enforcement.  The safety zones created by this section will be enforced only upon issuance of a Broadcast Notice to Mariners (BNM) by the COTP or the COTP's representative, as well as on-scene notice or other appropriate means in accordance with \u00a7 165.7."], ["33:33:2.0.1.6.32.6.212.63", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.517 Safety Zone; Back River, Hampton, VA; Air Show.", "USCG", "", "", "[USCG-2023-20774, 88 FR 20774, Apr. 7, 2023]", "(a)  Location.  The following area is a safety zone: all navigable waters from the shoreline of the Back River contained within the following points: 37\u00b05\u203234.32\u2033 N, 076\u00b020\u203247.13\u2033 W; 37\u00b05\u203238.05\u2033 N, 076\u00b020\u203236.49\u2033 W; 37\u00b05\u203230.53\u2033 N, 076\u00b020\u203231.86\u2033 W.\n\n(b)  Definitions.  As used in this section,  designated representative  means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sector Virginia (COTP) in the enforcement of the safety zone.\n\n(c)  Regulations.  (1) Under the general safety zone regulations in subpart C of this part, you may not be present in, or enter the safety zone described in paragraph (a) of this section when it is subject to enforcement unless authorized by the COTP or the COTP's designated representative.\n\n(2) To seek permission to enter, contact the COTP or the COTP's representative by VHF-FM Channel 16. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's designated representative.\n\n(d)  Enforcement period.  This section will be enforced annually on the third or fourth Friday through Sunday in April or the first or second Friday through Sunday in May from 10 a.m. to 4 p.m. each day during the event."], ["33:33:2.0.1.6.32.6.212.64", 33, "Navigation and Navigable Waters", "I", "P", "165", "PART 165\u2014REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS", "F", "Subpart F\u2014Specific Regulated Navigation Areas and Limited Access Areas", "", "\u00a7 165.518 Security Zone; Waters of the USCG East District.", "USCG", "", "", "[CGD05-04-171, 70 FR 11551, Mar. 9, 2005, as amended by USCG-2011-0368, 76 FR 26605, May 9, 2011; USCG-2015-0433, 80 FR 44286, July 27, 2015]", "(a)  Definitions.  As used in this section\u2014\n\nDesignated Representative  means any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the District Commander or local Captain of the Port (COTP), as defined in 33 CFR part 3, subpart 3.25, to act on his or her behalf.\n\nEscorted vessel  means a vessel, other than a U.S. naval vessel as defined in \u00a7 165.2015, that is accompanied by one or more Coast Guard assets or Federal, State or local law enforcement agency assets as listed below:\n\n(1) Coast Guard surface or air asset displaying the Coast Guard insignia.\n\n(2) Coast Guard Auxiliary surface asset displaying the Coast Guard Auxiliary insignia.\n\n(3) State and/or local law enforcement asset displaying the applicable agency markings and or equipment associated with the agency.\n\nState and/or local law enforcement officers  means any State or local government law enforcement officer who has authority to enforce State criminal laws.\n\n(b)  Location.  The following area is a security zone: 500-yard radius around escorted vessels in the navigable waters of the USCG East District as defined in 33 CFR 3.25-1, from surface to bottom.\n\n(c)  Regulations.  (1) No vessel may approach within 500 yards of an escorted vessel within the navigable waters of the USCG East District, unless traveling at the minimum speed necessary to navigate safely.\n\n(2) No vessel may enter within a 100-yard radius of an escorted vessel within the navigable waters of the USCG East District, without approval from the District Commander, Captain of the Port or their designated representatives.\n\n(3) Moored or anchored vessels, which are overtaken by a moving zone, must remain stationary at their location until the escorted vessel maneuvers at least 500 yards past.\n\n(4) Vessels restricted in their ability to maneuver may request permission of the District Commander, Captain of the Port or designated representative to enter the security zone in order to ensure safe passage in accordance with the Navigation Rules (COLREGS and their associated Annexes and Inland Navigation Rules (33 CFR subchapter E))..\n\n(5) The local COTP may notify the maritime and general public by marine information broadcast of the periods during which individual security zones have been activated by providing notice in accordance with 33 CFR 165.7.\n\n(6) When moored, a security zone around an escorted vessel may also be enforced by Coast Guard, State or Local law enforcement personnel shoreside.\n\n(7) Persons desiring to transit within 100 yards of an escorted vessel in the USCG East District must contact the local Captain of the Port on VHF channel 16 (156.800 MHz), VHF channel 13 (156.650 MHz) or at telephone numbers:\n\nPhiladelphia: (215) 271-4807 \n \n Maryland-National Capital Region: (410) 576-2693 \n \n Virginia: (757) 668-5555 or (757) 484-8192 \n \n North Carolina: (877) 229-0770 or (910) 772-2200\n\nPhiladelphia: (215) 271-4807\n\nMaryland-National Capital Region: (410) 576-2693\n\nVirginia: (757) 668-5555 or (757) 484-8192\n\nNorth Carolina: (877) 229-0770 or (910) 772-2200\n\n(8) If permission is granted to transit within 100 yards of an escorted 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