(1) The waters of Lake Washington bounded by Mercer Island (Lacey V. Murrow) Bridge, the western shore of Lake Washington, and the east/west line drawn tangent to Bailey Peninsula and along the shoreline of Mercer Island.

(c) The area described in paragraph (b) has been divided into two zones. The zones are separated by a log boom and a line from the southeast corner of the boom to the northeast tip of Bailey Peninsula. The western zone is designated. Zone I, the eastern zone, Zone II. (Refer to NOAA Chart 18447).

(d) The Coast Guard will maintain a patrol consisting of active and Auxiliary Coast Guard vessels in Zone II. The Coast Guard patrol of this area is under the direction of the Coast Guard Patrol Commander (the "Patrol Commander"). The Patrol Commander is empowered to control the movement of vessels on the race course and in the adjoining waters during the periods this regulation is in effect.

(e) Only authorized vessels may be allowed to enter Zone I during the hours this regulation is in effect. Vessels in the vicinity of Zone I shall maneuver and anchor as directed by Coast Guard Officers or Petty Officers.

(f) During the times in which the regulation is in effect, swimming, wading, or otherwise entering the water in Zone I by any person is prohibited.

(g) Vessels proceeding in either Zone I or Zone II during the hours this regulation is in effect shall do so only at speeds which will create minimum wake, seven (07) miles per hour or less. This maximum speed may be reduced at the discretion of the Patrol Commander.

(h) Upon completion of the daily racing activities, all vessels leaving either Zone I or Zone II shall proceed at speeds of seven (07) miles per hour or less. The maximum speed may be reduced at the discretion of the Patrol Commander.

(i) A succession of sharp, short signals by whistle or horn from vessels patrolling the areas under the direction of the Patrol Commander shall

(b) The Coast Guard will restrict general navigation and anchorage by this regulation during the hours it is in effect on the waters of the Snake River at Clarkston, Washington from the area west of the confluence of the Snake and Clearwater Rivers, to the area east of the Red Wolf Crossing Bridge.

(c) When deemed appropriate, the Coast Guard may establish a patrol consisting of active and auxiliary Coast Guard personnel and vessels in the area described in paragraph (b) of this section. The patrol shall be under the direction of a Coast Guard officer or petty officer designated as Coast Guard Patrol Commander. The Patrol Commander is empowered to forbid and control the movement of vessels and persons in the area described in paragraph (b) of this section.

(d) The Patrol Commander may authorize vessels to be underway in the area described in paragraph (b) of this section during the hours this regulation is in effect. All vessels permitted to be underway in the controlled area (other than racing or official vessels) shall do so only at speeds which will create minimum wake consistent with maintaining steerageway, and not to exceed seven (7) miles per hour. This speed limit may be adjusted at the discretion of the Patrol Commander to enhance the level of safety.

(e) A succession of sharp, short signals by whistle, siren, or horn from vessels patrolling the area under the direction of the U.S. Coast Guard Patrol Commander shall serve as a signal to stop. Vessels signalled shall stop and shall comply with the orders of the patrol vessel personnel; failure to do so may result in expulsion from the area, citation for failure to comply, or both.

[CGD13 85-05, 50 FR 24191, June 10, 1985; 50 FR 26359, June 26, 1985]

§ 100.1303

Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races.

(a) From Tuesday through Saturday, July 23 to 27, 1985, this regulation will be in effect from 8:30 a.m. until 7:30 p.m. On Sunday, July 28, 1985, this regulation will be in effect from 8:30 a.m. until one hour after the conclusion of the last race. This section will be effective thereafter annually during the last week of July as published in the Local Notices to Mariners.

(b) The Coast Guard will restrict general navigation and anchorage by this regulation during the hours it is in effect on the waters of the Columbia River from the western end of Hydro Island to the western end of Clover Island at Kennewick, Washington.

(c) When deemed appropriate, the Coast Guard may establish a patrol consisting of active and auxiliary Coast Guard personnel and vessels in the area described in paragraph (b) of this section. The patrol shall be under the direction of a Coast Guard officer or petty officer designated as Coast Guard Patrol Commander. The Patrol Commander is empowered to forbid and control the movement of vessels in the area described in paragraph (b) of this section.

(d) The Patrol Commander may authorize vessels to be underway in the area described in paragraph (b) of this section during the hours this regulations is in effect. All vessels permitted to be underway in the controlled area (other than racing or official vessels) shall do so only at speeds which will create minimum wake consistent with maintaining steerageway, and not to

exceed seven (7) miles per hour. This speed limit may be adjusted at the discretion of the Patrol Commander to enhance the level of safety.

(e) A succession of sharp, short signals by whistle, siren, or horn from vessels patrolling the area under the direction of the U.S. Coast Guard Patrol Commander shall serve as a signal to stop. Vessels signalled shall stop and shall comply with the orders of the patrol vessel personnel; failure to do so may result in expulsion from the area, citation for failure to comply, or both.

[CGD13 85-06, 50 FR 25071, June 17, 1985]

§ 100.1304 Annual Seattle Yacht Club's "Opening Day" Marine Parade.

(a) Regulated area. All of Portage Bay, with the northwestern limit being the University Bridge, through the Portage Cut (Montlake Cut) into and including Union Bay, with the southeastern limit being an imaginary line from Webster Point to the eastern corner of Foster Island.

(b) Effective period. This regulation will be in effect from 8:00 a.m. to 3:00 p.m. on the first Saturday of May each year unless otherwise specified in the Thirteenth District Local Notice to Mariners.

(1)

(c) Special Local regulations. The regulated area shall be closed for the duration of the event to all vessel traffic not participating in the event and authorized by the event sponsor or Coast Guard Patrol Commander.

(2) All persons or vessels not registered with the sponsor as participants or not part of the regatta patrol are considered spectators. Spectator vessels must be at anchor within a designated spectator area or moored to a waterfront facility in a way that will not interfere with the progress of the event. The following are established as spectator areas:

(i) Northwest of the University Bridge.

(ii) North of the log boom which will be placed in Union Bay.

(iii) East of Webster Point so as not to interfere with the participating vessels departing Union Bay.

(3) No spectators shall anchor, block, loiter in, or impede the through tran

sit of participants or official patrol vessels in the regulated area during the effective dates and times unless cleared for such entry by the Patrol Commander.

(4) Due to the large number of craft confined within this small body of water, all vessels, both spectator and participants, will maintain a "NO WAKE" speed. This requirement will be strictly enforced to preserve the safety of both life and property.

(5) A succession of sharp, short signals by whistle or horn from vessels patrolling the area under the direction of the Patrol Commander shall serve as a signal to stop. Vessels signaled shall stop and shall comply with the orders of the patrol vessel. Failure to do so may result in expulsion from the area, citation for failure to comply, or both.

[CGD13-89-02, 54 FR 19167, May 4, 1989]

§ 100.1305 Richland, Washington, west coast outboard championship hydro

races.

(a) Regulated area. By this regulation, the Coast Guard will restrict general navigation and anchorage on the waters of the Columbia River between River Mile 337 and River Mile 339. This restricted area includes all waters between the above mile marks in Richland, Washington, and is approximately 2 miles long.

(b) Special local regulations. (1) This event will take place from 6. a.m. p.d.t.

to approximately 5 p.m. p.d.t. on the third Friday, Saturday, and Sunday of August, annually, in the described waters of the Columbia River, Richland, Washington.

(2) No person or vessel may enter or remain in the regulated area except for participants in the event, supporting personnel, vessels registered with the event organizer, and personnel or vessels authorized by the Coast Guard Patrol Commander.

(3) Patrol of the described area will be under the direction of a designated Coast Guard Patrol Commander. The Patrol Commander is empowered to control the movement of vessels in the regulated area and adjoining waters during the hours these regulations are in effect.

(4) A succession of sharp, short signals by whistle, siren, or horn, from vessels patrolling the area under the direction of the Patrol Commander shall serve as a signal to stop. Vessels or persons signaled shall stop and shall comply with the orders of the patrol vessel. Failure to do so may result in expulsion from the area, citation for failure to comply, or both.

(c) Effective times and dates. This regulation becomes effective each year on the third Friday of August, at 6 a.m. p.d.t. and terminates on the third Sunday of August, at 6 p.m. p.d.t. or upon completion of each event.

[CGD13-90-08, 55 FR 32624, Aug. 10, 1990]

105.25

105.30

105.35

Report of deviation from ship route. Penalty for violation of regulation. Communication of violation to Coast Guard District Commander. 105.40 Procedure on violation.

AUTHORITY: Sec. 92, 63 Stat. 503; sec. 3, 49 Stat. 1923 (14 U.S.C. 92, 46 U.S.C. 738b). SOURCE: CGFR 48-56, 13 FR 8640, Dec. 29, 1948, unless otherwise noted.

§ 105.01 Passenger vessel defined.

For the purpose of this part, a vessel shall be deemed to be a passenger vessel if it carries more than twelve passengers.

§ 105.05 Filing notice of ship routes.

The owner or operating agent of any passenger vessel of the United States crossing the North Atlantic Ocean shall file with the collector of customs of the home port of such vessel, and, if the United States port from which such vessel sails is different from the home port, with the collector of customs at that port, notice of the ship routes which he proposes such vessel will follow on its east-bound and westbound crossings. Such notice or notices shall be filed prior to the first sailing of the vessel from a port of the United States. Upon any subsequent North Atlantic voyage of such vessel beginning at the same port in the United States, no further notice shall be required if it is proposed that the vessel will follow the same routes, but whenever it is proposed that such vessel, when crossing the North Atlantic Ocean, will sail from a port in the United States other than that specified in the last previous notice, or will follow a route or routes different from the route or routes specified in such last notice, notice of the proposed route or routes shall be filed, as aforesaid, before the vessel sails.

§ 105.10 Designation of ship route.

The proposed route of any passenger vessel of the United States crossing the North Atlantic Ocean shall, whenever practicable, be designated in any notice required by this part in the terms used to designate the North Atlantic Lane Routes, as established by the proper authorities. Such route shall avoid, as far as practicable, the fishing banks of Newfoundland, north of latitude forty-three degrees north during the fishing season; and shall, as far as circumstances will permit, pass outside of regions reported or known to be endangered by ice.

§ 105.15 Notices deemed public documents; posting of notice in customhouse.

All notices of proposed ship routes filed with collectors of customs shall be considered public documents and copies thereof shall, while effective, be continuously posted by the respective collectors of customs in a place in the customhouse to which the public has free access.

§ 105.20 Posting copy of notice on vessel.

The owner or operating agent of any passenger vessel of the United States crossing the North Atlantic Ocean shall cause a copy of the proposed ship routes of the vessel to be continuously posted, while effective, in a public place in the passenger space of the vessel.

§ 105.25 Report of deviation from ship route.

If the master of any passenger vessel of the United States crossing the North Atlantic Ocean finds it necessary for any reason during the course of a voyage to deviate more than 20 nautical miles from the proposed ship route of such vessel, he shall be required by the owner or operating agent of such vessel, as soon as he arrives in the United States, to report such deviation to the collector of customs of the home port of such vessel and, if the United States port from which such vessel sailed is different from the home port, to the collector of

customs at that port, together with a written statement explaining the necessity for such deviation.

§ 105.30 Penalty for violation of regulation.

For each violation of section 3(a) of the act of June 25, 1936, or of any provision of §§ 105.05, 105.10, or 105.20, the owner, or operating agent, of the passenger vessel involved in such violation shall be liable to a fine of not exceeding $100.

§ 105.35 Communication of violation to Coast Guard District Commander. Information with respect to a violation or possible violation of section 3(a) of the act of June 25, 1936, or of this part coming into the possession of any officer or employee of the Treasury Department shall be communicated promptly to the commander of the Coast Guard district within which the

home port of the vessel is located or if the United States port from which the vessel sailed is different from the home port, to the commander of the Coast Guard district within which that port is located.

§ 105.40

Procedure on violation.

The district commander receiving information with respect to a violation of section 3(a) of the act of June 25, 1936, or of this part shall make an investigation to determine the actual facts involved. If after such investigation the district commander deter mines a prima facie violation of sec tion 3(a) of the act of June 25, 1936, or of any provision of §§ 105.05, 105.10 or 105.20 has occurred, he shall follow the procedure in 33 CFR Subpart 1.07.

[CGFR 48-56, 13 FR 8640, Dec. 29, 1948, as amended by CGD 74-46, 39 FR 19473, June 3, 1974]