and thence along the shoreline to the point of beginning.

(b) The regulations (1) General Anchorage. Any vessel may anchor in the General Anchorage except vessels carrying more than 25 tons of high explosives.

(2) Explosives Anchorage 701. Vessels carrying more than 25 tons of high explosives must use Anchorage 701, unless otherwise directed by the Captain of the Port.

(3) Naval Explosives Anchorage 702. Except Naval vessels using the anchorage as directed by local Naval authorities, no vessel may anchor so that any part of the hull or rigging, or the anchor tackle may extend into Anchorage 702 at any time.

(4) Naval Anchorages A and B. (i) Except as provided in paragraph (b)(3)(ii) of this section, non-naval vessels may not anchor within these anchorages or use the mooring buoys therein without permission of the local Naval authorities obtained through the Captain of the Port. (There is a user charge for the use of these mooring buoys.)

(ii) Small craft that are continuously manned and capable of getting underway may anchor within these anchorages during daylight hours without prior approval of the Captain of the Port.

(5) General regulations. (i) Vessels may use the Naval mooring buoys in the General Anchorage without charge for a period up to 72 hours if authorized by the Captain of the Port. Vessels so moored shall promptly move at their own expense upon notification from the Captain of the Port.

(ii) Except for vessels not more than 65 feet in length, all vessels shall anchor in an anchorage ground.

(iii) Vessels anchored in an anchorage ground shall place their anchors within the anchorage ground so that no portion of the hull or rigging at any

time extends outside the anchorage ground.

(iv) No vessel may anchor in the harbor for more than 30 consecutive days without permission of the Captain of the Port.

[CDG14-87-02, 52 FR 25864, July 9, 1987, as amended by CGD14-89-01, 55 FR 27465, July 3, 1990]

§ 110.239 Island of Tinian, CNMI.

(a) The anchorage grounds (based on 1944 Saipan Datum):

(1) Explosives Anchorage A. A circular area intersecting the shoreline having a radius of 1,900 yards centered at latitude 14°58'57.0′ N, longitude 145°35'40.8′′ E.

(2) Explosives Anchorage B. A circular area intersecting the shoreline having a radius of 1,900 yards centered at latitude 14°58′15.9′′ N, longitude 145°35′54.8" E.

(b) The regulations: Explosives Anchorages A and B; with the exception of explosives laden naval vessels at explosives anchorage A and B, no vessel may anchor within these areas without permission of the Captain of the Port. No vessel of more than 500 gross tons displacement may enter these areas except for the purpose of anchoring in accordance with this section.

[CGD 14-87-01, 52 FR 26146, July 13, 1987] $110.240 San Juan Harbor, P.R.

(a) The anchorage grounds—(1) Temporary Anchorage E (general). Beginning at a point which bears 262° T, 878 yards from Isla Grande Aero Beacon; thence along a line 75°47′, 498 yards; thence along a line 134°49', 440 yards; thence along a line 224°49′ to the northerly channel limit of Graving Dock Channel, and thence to the point of beginning.

(2) Restricted Anchorage F. Beginning at a point which bears 212°30', 1,337.5 yards from Isla Grande Light; thence along a line 269°00′, 550 yards; thence along a line 330°00′ to the westerly channel limit of Anegado Channel; and thence along the westerly channel limit of Anegado Channel to the point of beginning.

(b) The regulations. (1) Vessels awaiting customs or quarantine shall use Temporary Anchorage E. No vessel

shall remain in this anchorage more than 24 hours without a permit from the U.S. Coast Guard Captain of the Port.

(2) Restricted Anchorage F shall serve both as an additional general anchorage area in cases where the temporary anchorage is full, and as an explosives anchorage for vessels loading or unloading explosives in quantities no greater than forty (40) tons, Commercial Class "A" Explosives, when so authorized by the United States Coast Guard Captain of the Port. No vessel shall enter or anchor therein without first obtaining a permit from the United States Coast Guard Captain of the Port.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 79-119, 45 FR 32673, May 19, 1980; CGD 7-83-29, 49 FR 48540, Dec. 13, 1984; 50 FR 5580, Feb. 11, 1985]

§ 110.245 Vieques Passage and Vieques Sound, near Vieques Island, P.R.

(a) The anchorage grounds—(1) Vieques Passage explosives anchorage and ammunition handling berth (Area 1). A circular area having a radius of 1,700 yards with its center at latitude 18°09′09′′N., longitude 65°32′40′′W.

(2) Vieques Sound explosives anchorage and ammunition handling berth (Area 2). A circular area having a radius of 2,000 yards with its center at latitude 18°11′48′′, longitude 65°26'06".

(3) Southern Vieques Passage explosives anchorage and ammunition handling berth (Area 3). A circular area having a radius of 2,000 yards with its center at latitude 18°05′51′′, longitude 65°36′14′′.

(b) The regulations. (1) No vessel or craft shall enter or remain in these anchorages while occupied by vessels having on board explosives or other dangerous cargo. Explosives in quantities no greater than 1,625 short tons will be handled in any area at one time.

(2) The regulations of this section shall be enforced by the Commander, Greater Antilles Section, U.S. Coast Guard Base, San Juan, Puerto Rico, and such agencies as he may designate. [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-067, 44 FR 50040, Aug. 27, 1979]

§ 110.250 St. Thomas Harbor, Charlotte Amalie, V.I.

(a) The anchorage grounds—(1) Inner harbor anchorage. Beginning at a point bearing 85°, 525 yards from the outer end of a pier at latitude 18°20′19′′, longitude 64°56'′26′′ (approximate); thence 146°, 800 yards; thence 70°, 860 yards; thence 340°, 500 yards; and thence to the point of beginning.

(2) Outer harbor anchorage. Beginning at Scorpion Rock lighted buoy No. 1 (latitude 18°19′25.6", longitude 64°55'41.8"); thence 180°, 1,580 yards; thence 264°30′, 2,490 yards; thence due north 1,255 yards; thence due east to the southerly tip of Sprat Point, Water Island; thence to Cowell Point, Hassel Island; and thence to the point of beginning.

(3) East Gregerie Channel anchorage (general purpose). Bounded on the northeast by Hassel Island; on the southeast by the northwest boundary of the outer harbor anchorage; on the southwest by Water Island; and on the northwest by a line running from Banana Point, Water Island, 55° to Hassel Island.

(4) Small-craft anchorage. All the waters north of a line passing through the outer end of a pier at latitude 18°20′19′′, longitude 64°56′26′′ (approximate) and ranging 85°.

(5) Deep-draft anchorage. A circular area having a radius of 400 yards with its center at latitude 18°19′12.2′′, longitude 64°58'47.8".

(6) Long Bay anchorage. The waters of Long Bay bounded on the north by the southerly limit line of Anchorage E, on the west by the easterly limit line of Anchorage A to a point at latitude 18°20′18′′, thence to latitude 18°20′13′′, longitude 64°55′21′′; and thence to the shoreline at latitude 18°20′15′′, longitude 64°55′13′′.

(b) The regulations. (1) The outer harbor anchorage shall be used by vessels undergoing examination by quarantine, customs, immigration, and Coast Guard officers. Upon completion of these examinations, vessels shall move promptly to anchorage. This anchorage shall also be used by vessels having drafts too great to permit them to use the inner harbor anchorage. No vessel shall remain more than 48 hours in this

anchorage without a permit from the Harbor Master.

(2) The small-craft anchorage shall be used by small vessels undergoing examination and also by small vessels anchoring under permit from the Harbor Master.

(3) The requirements of the Navy shall predominate in the deep-draft anchorage. When occupied by naval vessels all other vessels and craft shall remain clear of the area. When the area is not required for naval vessels, the Harbor Master may upon application made in advance assign other vessels to the area. Vessels so assigned and occupying the area shall move promptly upon notification by the Harbor Master.

(4) The harbor regulations for the Port of St. Thomas, V.I. of the United States and approaches thereto, including all waters under its jurisdiction, as adopted by the Government of the Virgin Islands, will apply to the Long Bay Anchorage.

(5) In addition, the Long Bay Anchorage is reserved for all types of small vessels, including sailing and motor pleasure craft, and such craft shall anchor in no other area except Anchorage E, in the northern portion of the harbor of Charlotte Amalie.

(6) Floats for marking anchors in place will be allowed in the Long Bay anchorage; stakes or mooring piles are prohibited.

(7) Vessels not more than 65 feet in length are not required to exhibit or carry anchor lights within the Long Bay anchorage, but must display them if emergency requires anchoring in any other part of the harbor.

(8) No vessel may anchor in any of the St. Thomas Harbor Anchorages without a permit from the Harbor Master.

(9) The U.S. Coast Guard Captain of the Port of St. Thomas is hereby em

powered, whenever the maritime or commercial interests of the United States so require, to shift the position of any vessel anchored within the Long Bay anchorage, and of any vessel which is so moored or anchored as to impede or obstruct vessel movement in the harbor, and to enforce all regulations of this section should the need arise.

§ 110.255 Ponce Harbor, P.R.

(a) Small-craft anchorage. On the northwest of Ponce Municipal Pier and northeast of Cayitos Reef, bounded as follows: Beginning at latitude 17°58′27′′, longitude 66°37′29.5", bearing approximately 325° true, 2,200 feet from the most southwest corner of Ponce Municipal Pier; thence 273°30' true, 1,800 feet; thence 15° true, 900 feet; thence 93°30' true, 1,800 feet; thence 195° true, 900 feet to the point of beginning.

(b) The regulations. (1) The Commonwealth Captain of the Port may authorize use of this anchorage whenever he finds such use required in safeguarding the maritime or commercial interests.

(2) No vessel shall anchor within the area until assigned a berth by the Commonwealth Captain of the Port. Application for permission to occupy the anchorage must be submitted in advance by the master or authorized representative of the vessel.

(3) Vessels occupying the anchorage will at all times keep within the limits of the area, and shall move or shift their position promptly upon notification by the Commonwealth Captain of the Port.

(4) The anchorage is reserved for all types of small craft, including schooners, fishing vessels, yachts and pleasure craft.

(5) Floats for marking anchors in place will be allowed; stakes or mooring piles are prohibited.

Sec.

PART 114-GENERAL

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

(1) Locations and clearances of bridges and causeways over the navigable waters (33 U.S.C. 401, 491 to 507, and 525 to 534).

(2) Administration of the alteration of unreasonably obstructive bridges (33 U.S.C. 511 to 524).

(3) Regulation of drawbridge operation (33 U.S.C. 499).

(b) The rules and regulations in this subchapter also describe the procedures and practices, including forms and instructions, which are applicable to the public subject to certain laws governing bridges and causeways over the navigable waters of the United States.

(c) Subsection 6(g) of the Department of Transportation Act (Sec. 6(g), 80 Stat. 937, 49 U.S.C. 1655(g)) transferred and vested in the Secretary of Transportation all functions, powers and duties of the Secretary of the Army and other officers and offices of the Department of the Army under specified laws. The Secretary of Transportation by 49 CFR 1.45(b) and 1.46(c) (5), (6), (8), (9), and (10) delegated to the Comrnandant, U.S. Coast Guard, with the authority to redelegate within the Coast Guard, the authority to exercise the functions, powers, and duties of the Secretary

with respect to the following provisions of law:

(1) Section 5 of the Act of August 18, 1894, as amended (28 Stat. 362; 33 U.S.C. 499), regarding drawbridge operation regulations.

(2) The Act of June 21, 1940, as amended (54 Stat. 497; 33 U.S.C. 511 et seq.), regarding unreasonably obstructive bridges.

(3) Section 9 of the Act of March 3, 1899, as amended (30 Stat. 1151; 33 U.S.C. 401), regarding construction of bridges, causeways, etc., to the extent that it relates generally to the location and clearances of bridges and causeways in the navigable waters of the United States.

(4) The Act of March 23, 1906, as amended (34 Stat. 84; 33 U.S.C. 491 et seq.), regarding general bridge authority to the extent that it relates generally to the location and clearances of bridges and causeways in the navigable waters of the United States.

(5) The General Bridge Act of 1946, as amended (60 Stat. 847; 33 U.S.C. 525 et seq.), to the extent that it relates generally to the location and clearances of bridges and causeways in the navigable waters of the United States.

(6) Section 5 of the International Bridge Act of 1972 (86 Stat. 732; 33 U.S.C. 535c).

(d) The Commandant has delegated within the Coast Guard authority for the issuance of drawbridge operation regulations and permits for the construction, reconstruction, or alteration of bridges across navigable waters of the United States. These delegations may be found in §§1.05-1 and 1.01-60 of this Chapter.

[CGFR 67-46, 32 FR 17769, Dec. 12, 1967, as amended by CGFR 70-115, 35 FR 15923, Oct. 9, 1970; CGFR 71-95, 36 FR 19160, Sept. 30, 1971; CGD 80-099, 46 FR 38353, July 27, 1981; 46 FR 42268, Aug. 20, 1981; CGD 82-006, 47 FR 36640, Aug. 23, 1982; CGD 96-026, 61 FR 33663, June 28, 1996]

$114.05 Definitions.

(a) General. Certain terms as used in this subchapter are defined in this section.

(b) Approved. The term "approved” means approved by the Commandant unless otherwise stated.

(c) Bridges. The term "bridge" means a structure erected across navigable waters of the United States, and includes causeways, approaches, fenders, and other appurtenances thereto.

(d) Coast Guard District Commander or District Commander. The term "Coast Guard District Commander" or "District Commander" means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within his district. (See Part 3 of this chapter for descriptions of Coast Guard Districts.)

(e) Commandant. The term "Commandant" means Commandant, U.S. Coast Guard, Department of Transportation, Washington, D.C. 20593.

(f) District Office or Coast Guard District Office. The term "District Office" or "Coast Guard District Office” means the Office of the Commander of a Coast Guard District.

(g) Headquarters or Coast Guard Headquarters. The term "Headquarters" or "Coast Guard Headquarters" means the Office of the Commandant, U.S. Coast Guard, Department of Transportation, Washington, D.C. 20593.

(h) Permit. The term "permit” means the license permitting construction of bridges and approaches thereto in or over navigable waters of the United States, issued under the rules and regulations in this subchapter.

(i) Secretary. The term "Secretary” means the Secretary of Transportation or any person to whom he has delegated his authority in the matter concerned.

(j) United States Coast Guard or Coast Guard. The term "United States Coast Guard" or "Coast Guard" means the organization or agency established by the Act of January 28, 1915, as amended (14 U.S.C. 1).

Waterway Services, U.S. Coast Guard Headquarters.

(33 U.S.C. 401, 491, 525, 535; 49 CFR 1.46(c) (8), (9), (10), (q))

[CGFR 67-46, 32 FR 17769, Dec. 12, 1967, as amended by CGD 76-144, 42 FR 28882, June 6, 1977; CGD 80-099, 46 FR 38353, July 27, 1981; CGD 82-006, 47 FR 36640, Aug. 23, 1982; CGD 88-052, 53 FR 25120, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996]

§ 114.10 General policies on issuance of permits and drawbridge operation regulations.

The several bridge laws referenced in $114.01 Purpose, are intended to prevent any interference with navigable waters of the United States whether by bridges, dams, dikes or other obstructions to navigation except by express permission of the United States. The decision as to whether a bridge permit or a drawbridge operation regulation will be issued or promulgated must rest primarily upon the effect of the proposed action on navigation to assure that the action provides the reasonable needs of navigation after full consideration of the effect of the proposed action on the human environment. The Coast Guard is not responsible for any other permits that the applicant may need from other federal, state, or local agencies and issuance of a bridge permit does not affect fiood control projects or other governmental programs.

[CGD 82-006, 47 FR 36640, Aug. 23, 1982]

§ 114.20 Departure from permit plans.

(a) If the final inspection shows a minor departure from the authorized plans which does not materially affect navigation, the permittee will be required to furnish a tracing showing the work as actually constructed but no further action will be taken by the Coast Guard.

(b) It is not the practice of the Coast Guard to issue letters certifying that completed work conforms to that which was authorized. That question is a matter of fact to be determined in case of controversy by the usual rules of court procedure.