[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR165.100]

[Page 642-644]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 165_REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS--Table of 
 
 Subpart F_Specific Regulated Navigation Areas and Limited Access Areas
 
Sec. 165.100  Regulated Navigation Area: Navigable waters within the First 

Coast Guard District.

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

[[Page 643]]

twin-screw propulsion and with a separate system for power to each 
screw, must be accompanied by an escort or assist tug of sufficient 
capability to promptly push or tow the tank barge away from danger of 
grounding or collision in the event of--
    (A) A propulsion failure;
    (B) A parted towing line;
    (C) A loss of tow;
    (D) A fire;
    (E) Grounding;
    (F) A loss of steering; or
    (G) Any other casualty that affects the navigation or seaworthiness 
of either vessel.
    (ii) Double-hull tank barges are exempt from paragraph (d)(1)(i) of 
this section.
    (iii) The cognizant Captain of the Port (COTP), upon written 
application, may authorize an exemption from the requirements of 
paragraph (d)(1)(i) of this section for--
    (A) Any tank barge with a capacity of less than 25,000 barrels, 
operating in an area with limited depth or width such as a creek or 
small river; or
    (B) Any tank barge operating on any waters within the COTP Zone, if 
the operator demonstrates to the satisfaction of the COTP that the barge 
employs an equivalent level of safety to that provided by the positive 
control provisions of this section. Each request for an exemption under 
this paragraph must be submitted in writing to the cognizant COTP no 
later than 7 days before the intended transit.
    (iv) The operator of a towing vessel engaged in towing any tank 
barge must immediately call for an escort or assist tug to render 
assistance in the event of any of the occurrences identified in 
paragraph (d)(1)(i) of this section.
    (2) Enhanced communications. Each vessel engaged in towing a tank 
barge must communicate by radio on marine band or Very High Frequency 
(VHF) channel 13 or 16, and issue security calls on marine band or VHF 
channel 13 or 16, upon approach to the following places:
    (i) Execution Rocks Light (USCG Light List No. [LLNR] 21440).
    (ii) Matinecock Point Shoal Buoy (LLNR 21420).
    (iii) 32A Buoy (LLNR 21380).
    (iv) Cable and Anchor Reef Buoy (LLNR 21330).
    (v) Stratford Middle Ground Light (LLNR 21260).
    (vi) Old Field Point Light (LLNR 21275).
    (vii) Approach to Stratford Point from the south (NOAA Chart 12370).
    (viii) Falkner Island Light (LLNR 21170).
    (ix) TE Buoy (LLNR 21160).
    (x) CF Buoy (LLNR 21140).
    (xi) PI Buoy (LLNR 21080).
    (xii) Race Rock Light (LLNR 19815).
    (xiii) Valiant Rock Buoy (LLNR 19825).
    (xiv) Approach to Point Judith in vicinity of Block Island ferry 
route.
    (xv) Buzzards Bay Entrance Light (LLNR 630).
    (xvi) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055)
    (xvii) Cleveland East Ledge Light (LLNR 16085).
    (xviii) Hog Island buoys 1 (LLNR 16130) and 2 (LLNR 16135).
    (xix) Approach to the Bourne Bridge.
    (xx) Approach to the Sagamore Bridge.
    (xxi) Approach to the eastern entrance of Cape Cod Canal.
    (3) Voyage planning. (i) Each owner or operator of a towing vessel 
employed to tow a tank barge shall prepare a written voyage plan for 
each transit of the tank barge.
    (ii) The watch officer is authorized to make modifications to the 
plan and validate it as necessary.
    (iii) Except as provided in paragraph (d)(3)(iv) of this section, 
each voyage plan must contain:
    (A) A description of the type, volume, and grade of cargo.
    (B) Applicable information from nautical charts and publications, 
including Coast Pilot, Coast Guard Light List, and Coast Guard Local 
Notice to Mariners, for the destination(s).
    (C) Current and forecasted weather, including visibility, wind, and 
sea state for the destination(s).
    (D) Data on tides and tidal currents for the destination(s).
    (E) Forward and after drafts of the tank barge, and under-keel and 
vertical clearances for each port and berthing area.
    (F) Pre-departure checklists.

[[Page 644]]

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

[CGD1-98-151, 63 FR 71770, Dec. 30, 1998, as amended by CGD01-98-151, 64 
FR 12749, Mar. 15, 1999; USCG-1999-5832, 64 FR 34715, June 29, 1999; 
CGD01-98-151, 65 FR 35838, June 6, 2000]