[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: 33CFR165.105]

[Page 645-646]
 
                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. 165.105  Security Zones; Passenger Vessels, Portland, Maine, Captain of 

the Port Zone.

    (a) Definition. ``Passenger vessel'' 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.
    (b) Location. The following areas are security zones:
    (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.
    (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.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into or movement within these zones is 
prohibited unless previously authorized by the Coast

[[Page 646]]

Guard Captain of the Port, Portland, Maine (COTP) or his designated 
representative.
    (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.
    (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.
    (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.

[CGD01-03-001, 68 FR 22305, Apr. 28, 2003]