Sec.

PART 109-GENERAL

109.01 Purpose.

109.05 Anchorage grounds.

109.07 Anchorages under Ports and Waterways Safety Act.

109.10 Special anchorage areas. 109.15 Enforcement proceedings.

109.20 Publication; notice of proposed rule making.

AUTHORITY: R.S. 4233, as amended, 28 Stat. 647 as amended, 30 Stat. 98, as amended, sec. 7, 38 Stat. 1053, as amended, sec. 6(g)(1), 80 Stat. 940; 33 U.S.C. 180, 258, 322, 471, 49 U.S.C. 1655(g)(1); Department of Transportation Order 1100.1, March 31, 1967, 49 CFR 1.4(a)(3).

(a) The purpose of the rules and regulations in this subchapter is to implement certain laws and set forth the requirements for anchorage areas.

(b) There were transferred to and vested in the Secretary of Transportation by subsection 6(g) of the Department of Transportation Act (sec. 6(g), 80 Stat. 941, 49 U.S.C. 1655) all functions, powers, and duties of the Secretary of the Army under specified laws. The Secretary of Transportation by Department of Transportation Order 1100.1 (49 CFR 1.4(a)(3)), with specified limitations, delegated to the Commandant, U.S. Coast Guard, authority to exercise the functions, powers, and duties of the Secretary with respect to anchorages, as further described in § 110.1 of this subchapter. The Commandant redelegated this authority to each Coast Guard District Commander with specified limitations, as set forth in § 1.05-1(g) of this title.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 51585, Sept. 4, 1979]

§ 109.05 Anchorage grounds.

(a) Section 7 of the River and Harbor Act of March 4, 1915 (33 U.S.C. 471), authorizes the establishment of anchorage grounds for vessels in navigable waters of the United States whenever it is apparent that these are

required by the maritime or commercial interests of the United States for safe navigation. The statute also authorizes the adoption of suitable rules and regulations regarding the establishment of anchorage grounds, which are enforced by the Coast Guard. The authority conferred by this statute was transferred to and vested in the Secretary of Transportation by section 6(g)(1)(A) of the Department of Transportation Act (80 Stat. 931) and delegated to the Commandant of the U.S. Coast Guard in § 1.46 of Title 49 CFR, and redelegated, with specified limitations, by the Commandant to each Coast Guard District Commander in § 1.05-1(g) of this title.

(b) District Commanders will, whenever matters relating to the anchorage of vessels are under consideration, ascertain the view of the District and Division Engineer, Corps of Engineers, U.S. Army, and the proper representatives of other departments likely to be interested, including the Commandant of the Naval District concerned and the medical officer in charge of the quarantine station at localities where quarantine anchorages are involved, in order that they may arrange for suitable representation at such hearings. The views of the medical officer in charge of the quarantine station relating to the proposed location and boundaries of the quarantine anchorage will be accepted insofar as practicable and consistent with the establishment of other anchorage areas. (An Act of Congress approved July 1, 1944, as amended (42 U.S.C. 267), authorizes the Surgeon General, with the approval of the Secretary of Health, Education, and Welfare, to designate the boundaries of the quarantine grounds and quarantine anchorages for vessels which are reserved for use at each United States quarantine station.) A notice of public hearing concerning changes to the Anchorage Regulations will be issued by the District Commander and will be mailed to all known interested parties. After providing an opportunity for public participation, the District Commander will, if circumstances so war

rant, issue changes to the Anchorage Regulations, or in appropriate cases forward recommendations for such changes to the Commandant.

(c) As soon as publication has been noted in the FEDERAL REGISTER, the District Commander will publish changes to the Anchorage Regulations in the Local Notice to Mariners.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 51585, Sept. 4, 1979]

§ 109.07 Anchorages under Ports and Waterways Safety Act.

The provisions of section 4 (a) and (b) of the Ports and Waterways Safety Act as delegated to the Commandant of the U.S. Coast Guard in 49 CFR 1.46(n)(4) authorize the Commandant to specify times of movement within ports and harbors, restrict vessel operations in hazardous areas and under hazardous conditions, and direct the anchoring of vessels. The sections listed in § 110.1a of this subchapter are regulated under the Ports and Waterways Safety Act.

(33 U.S.C. 1221 et seq.; 33 U.S.C. 471; 49 U.S.C. 1655(g)(1); 49 CFR 1.46(n); 49 CFR 1.46(c)(1))

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982]

§ 109.10 Special anchorage areas.

An Act of Congress of April 22, 1940, provides for the designation of special anchorage areas wherein vessels not more than sixty-five feet in length, when at anchor, will not be required to carry or exhibit anchorage lights. Such designation is to be made after investigation, by rule, regulation, or order, the procedure for which will be similar to that followed for anchorage grounds under section 7 of the River and Harbor Act of March 4, 1915, as referred to in § 109.05. The areas so designated should be well removed from the fairways and located where general navigation will not endanger or be endangered by unlighted vessels. The authority to designate special anchorage areas was transferred to and vested in the Secretary of Transportation by section 6(g)(1)(D) of the Department of Transportation Act (80

Stat. 931) and delegated to the Commandant of the U.S. Coast Guard in Title 49, Code of Federal Regulations and redelegated, with specified limitations, by the Commandant to each Coast Guard District Commander in § 1.05-1(g) of this title.

(33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and 1.45(b))

[CGD 79-096, 44 FR 51585, Sept. 4, 1979] § 109.15 Enforcement proceedings.

Proceedings against a vessel violating the Anchorage Regulations are to be brought in the name of the officer of the Coast guard assigned for the time being as Captain of the Port. When the vessel is at a port where there is no Coast Guard officer, proceedings will be initiated in the name of the District Commander.

[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]

§ 109.20 Publication; notice of proposed rule making.

(a) Section 4 of the Administrative Procedure Act (5 U.S.C. 553), requires publication of general notice of proposed rule making in the FEDERAL REGISTER (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law), except to the extent that there is involved (1) any military, naval, or foreign affairs function of the United States or (2) any matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. Except where notice or hearing is required by statute, this requirement does not apply to interpretative rules, general statements of policy, rules of agency organization, procedure, or practice, or in any situation in which the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.

(b) General notice of proposed rule making published in accordance with the above will include (1) a statement of the time, place, and nature of public rule making proceedings; (2)

110.31 Hull Bay and Allerton Harbor at Hull, Mass.

110.32 Hingham Harbor, Hingham, Mass. 110.37 Sesuit Harbor, Dennis, Mass. 110.38 Edgartown Harbor, Mass.

110.40 Silver Beach Harbor, North Falmouth, Mass.

110.45 Onset Bay, Mass.

10.45a Mattapoisett Harbor, Mattapoisett, Mass.

110.46 Newport Harbor, Newport, R.I. 110.47 Little Narragansett Bay, Watch Hill, R.I.

110.48 Thompson Cove on east side of Pawcatuck River below Westerly, R.I. 110.50 Stonington Harbor, Conn. 110.50a Fishers Island Sound, Stonington, Conn.

110.50b Mystic Harbor, Groton and Stonington, Conn.

110.50c Mumford Cove, Groton, Conn. 110.50d Mystic Harbor, Noank, Conn.

110.51 Groton, Conn.

110.52 Thames River, New London, Conn. 110.53 Niantic, Conn.

110.54 Long Island Sound, on west side of entrance to Pataguanset River, Conn. 110.55 Connecticut River, Conn. 110.55a Five Mile River, Norwalk and Darien, Conn.

110.56 Noroton Harbor, Darien, Conn. 110.58 Cos Cob Harbor, Greenwich, Conn.

Sec.

110.60 Port of New York and vicinity. 110.65 Indian River Bay, Del. 110.67 Delaware River, Essington, Pa. 110.70 Chesapeake and Delaware Canal, easterly of Courthouse Point, Md. 110.70a Northeast River, North East, Md. 110.71 Jacobs Nose Cove, Elk River, Md. 110.71a Cabin Creek, Grasonville, Md. 110.71b Wye River, Wye, Md.

110.72 Blackhole Creek, Md.

110.72a Chester River, southeast of Chestertown, Md.

110.72aa Elizabeth River Spectator Vessel Anchorage Areas, between Norfolk and Portsmouth, Virginia.

110.72b St. Simons Island, Ga. 110.72c Lake Murray, S.C.

110.72d Ashley River, Charleston, SC. 110.73 St. Johns River, Fla.

110.73a Indian River at Sebastian, Fla. 110.73b Indian River at Vero Beach, Fla. 110.74 Marco Island, Marco River, Fla. 110.74a Manatee River, Bradenton, Fla. 110.74b Apollo Beach, Fla.

110.74c Bahia de San Juan, PR. 110.75 Corpus Christi Bay, Tex. 110.77 Amistad Reservoir, Tex. 110.77a Duluth-Superior Harbor, Duluth, Minn.

110.78 Sturgeon Bay, Sturgeon Bay, Wis. 110.79a Neenah Harbor, Neenah, Wis. 110.79b Millers Bay, Lake Winnebago, Oshkosh, WI.

110.79c Fish Creek Harbor, Fish Creek, Wisconsin.

110.80 Milwaukee Harbor, Milwaukee, Wis. 110.80a Lake Macatawa, Mich. 110.80b Marquette Harbor,

Mich.

Marquette,

110.159 Annapolis Harbor, Md.

110.166 York River, Va., naval anchorage. 110.168 Hampton Roads, Va., and adjacent waters.

110.170 Lockwoods Folly Inlet, N.C. 110.173 Port of Charleston, S.C. 110.179 Skidaway River, Isle of Hope, Ga. 110.182 Atlantic Ocean off Fort George Inlet, near Mayport, Fla. 110.183 St. Johns River, Fla.

110.185 Atlantic Ocean, off the Port of Palm Beach, Fla.

110.188 Atlantic Ocean off Miami and Miami Beach, Fla.

110.189a Key West Harbor, Key West, Fla., naval explosives anchorage area. 110.190 Tortugas Harbor, in vicinity of Garden Key, Dry Tortugas, Fla.

110.193 Tampa Bay, Fla.

110.193a St. Joseph Bay, Fla.

110.194 Mobile Bay, Ala., at entrance. 110.194a Mobile Bay, Ala., and Mississippi Sound, Miss.

110.194b Mississippi Sound and Gulf of Mexico, near Petit Bois Island, Miss. 110.195 Mississippi River below Baton Rouge, LA, including South and Southwest Passes.

110.196 Sabine Pass Channel, Sabine Pass, Tex.

Sec.

110.197 Galveston Harbor, Bolivar Roads

Channel, Texas

110.205 Chicago Harbor, Ill. 110.206 Detroit River, Michigan. 110.207 Cleveland Harbor, Ohio. 110.208 Buffalo Harbor, N.Y. 110.210 San Diego Harbor, CA. 110.212 Newport Bay Harbor, Calif. 110.214 Los Angeles and Long Beach Harbors, Calif.

110.215 Anaheim Bay Harbor, Calif., U.S. Naval Weapons Station, Seal Beach, Calif.; naval explosives anchorage. 110.216 Pacific Ocean at Santa Catalina Island, Calif.

110.218 Pacific Ocean at San Clemente

Island, Calif.; in vicinity of Wilson Cove. 110.220 Pacific Ocean at San Nicolas

Island, Calif.; restricted anchorage

110.233 Prince William Sound, Alaska. 110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii; anchorage for nitrate laden vessels.

110.236 Pacific Ocean off Barbers Point, Island of Oahu, Hawaii; Offshore pipeline terminal anchorages.

110.237 Pacific Ocean at Waimea, Hawaii, Naval Anchorage.

110.238 Apra Harbor, Guam, 110.239 Island of Tinian, CNMI. 110.240 San Juan Harbor, P.R. 110.245 Vieques Passage and Vieques Sound, near Vieques Island, P.R. 110.250 St. Thomas Harbor, Charlotte Amalie, V.I.

110.255 Ponce Harbor, P.R.

AUTHORITY: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and 33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a is also issued under 33 U.S.C. 1223 and 1231.

SOURCE: CGFR 67-46, 32 FR 17728, Dec. 12, 1967, unless otherwise noted.

of June 7, 1897, as amended (30 Stat. 98; 33 U.S.C. 180), Rule 9 of section 1 of the act of February 8, 1895, as amended (28 Stat. 647; 33 U.S.C. 258), and Rule Numbered 13 of section 4233 of the Revised Statutes as amended (33 U.S.C. 322). Vessels not more than 65 feet in length, when at anchor in any special anchorage area shall not be required to carry or exhibit the white anchor lights required by the Navigation Rules.

(b) The anchorage grounds for vessels described in Subpart B of this part are established, and the rules and regulations in relation thereto adopted, pursuant to the authority contained in section 7 of the act of March 4, 1915, as amended (38 Stat. 1053; 33 U.S.C. 471).

(c) All bearings in the part are referred to true meridian.

§ 110.1a Anchorages under Ports and Waterways Safety Act.

(a) The anchorages listed in this section are regulated under the Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.):

(1) Section 110.155 Port of New York. (b) Any person who violates any regulation issued under the Ports and Waterways Safety Act:

(1) Is liable to a civil penalty, not to exceed $25,000 for each violation;

(2) If the violation is willful, is fined not more than $50,000 for each violation or imprisoned for not more than five years, or both.

[CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982]

Subpart A-Special Anchorage Areas

8110.5 Casco Bay, Maine.

(a) Beals Cove, West side of Orrs Island, Harpswell. The entire cove as defined by the shoreline and a line across the entrace bearing 215° and tangent to the shore on the north side.

(a-1) Merriconeag Sound, Harpswell. The area comprises that portion of the Sound beginning at a point on the shoreline about 1,000 feet northeasterly from the southwesterly extremity of Orrs Island at latitude 43°45'09", longitude 69°59′14′′, thence extending 290° to a point at latitude 43°45'10", longitude 69°59′20′′, thence extending 20° to a point at latitude 43°45′34′′, longitude 69°59'05", thence extending 110° to a point on the shoreline at latitude 43°45'33", longitude 69°58′58", thence along the shoreline to the point of beginning.

NOTE: The area is principally for use by yachts and other recreational craft. Fore and aft moorings will be allowed. Temporary floats or buoys for marking anchors in place will be allowed. All moorings shall be so placed that no vessel, when anchored, shall at any time extend beyond the limits of the area. Fixed mooring piles or stakes are prohibited. All anchoring in the area shall be under the supervision of the local harbor master or such authority as may be designated by authorities of the Town of Harpswell, Maine.

(a-2) Mackerel Cove, Bailey Island, Harpswell. The water area of Mackerel Cove lying northeasterly of a line from a point on Abner Point at latitude 43°43'28" N., longitude 70°00′19′′ W., to a point on Bailey Island at latitude 43°43'18.2" longitude 70°00′12.2" W.

N.,

311-125 0-92-9