[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR160.113]

[Page 552-553]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 160--PORTS AND WATERWAYS SAFETY--GENERAL--Table of Contents
 
          Subpart B--Control of Vessel and Facility Operations
 
Sec. 160.113  Prohibition of vessel operation and cargo transfers.

    (a) Each District Commander or Captain of the Port may prohibit any 
vessel, subject to the provisions of chapter 37 of Title 46, U.S. Code, 
from operating in the navigable waters of the United States, or from 
transferring cargo or residue in any port or place under the 
jurisdiction of the United States, and within the district or zone of 
that District Commander or Captain of the Port, if the District 
Commander or the Captain of the Port determines that the vessel's 
history of accidents, pollution incidents, or serious repair problems 
creates reason to believe that the vessel may be unsafe or pose a threat 
to the marine environment.
    (b) The authority to issue orders prohibiting operation of the 
vessels or transfer of cargo or residue under paragraph (a) of this 
section also applies if the vessel:
    (1) Fails to comply with any applicable regulation;
    (2) Discharges oil or hazardous material in violation of any law or 
treaty of the United States;
    (3) Does not comply with applicable vessel traffic service 
requirements;
    (4) While underway, does not have at least one licensed deck officer 
on the navigation bridge who is capable of communicating in the English 
language.
    (c) When a vessel has been prohibited from operating in the 
navigable waters of the United States under paragraphs (a) or (b) of 
this section, the District Commander or Captain of the Port may allow 
provisional entry into the navigable waters of the United States, or 
into any port or place under the jurisdiction of the United States and 
within

[[Page 553]]

the district or zone of that District Commander or Captain of the Port, 
if the owner or operator of such vessel proves to the satisfaction of 
the District Commander or Captain of the Port, that the vessel is not 
unsafe or does not pose a threat to the marine environment, and that 
such entry is necessary for the safety of the vessel or the persons on 
board.
    (d) A vessel which has been prohibited from operating in the 
navigable waters of the United States, or from transferring cargo or 
residue in a port or place under the jurisdiction of the United States 
under the provisions of paragraph (a) or (b)(1), (2) or (3) of this 
section, may be allowed provisional entry if the owner or operator 
proves, to the satisfaction of the District Commander or Captain of the 
Port that has jurisdiction, that the vessel is no longer unsafe or a 
threat to the environment, and that the condition which gave rise to the 
prohibition no longer exists.

[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996; USCG-1998-3799, 63 FR 35531, June 30, 1998]