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 communicat

ed 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 determines a prima facie violation of section 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]

PART 109-GENERAL

Sec.

109.01 Purpose.

109.05 Anchorage grounds.

109.07 Anchorages under Ports and Waterways Safety Act of 1972.

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), unless otherwise noted.

(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 navi

gable 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 warrant, 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 of 1972.

The provisions of section 101 (3) and (4) of the Ports and Waterways Safety Act of 1972 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 Idirect the anchoring of vessels. The sections listed in § 110.1a of this subchapter are regulated under Title I of the Ports and Waterways Safety Act of 1972.

(Pub. L. 92-340, Title I, 86 Stat. 424 (33 U.S.C. 1221 et seq.); 41 CFR 1.46(n)) [CGD 74-194, 41 FR 36019, Aug. 26, 1976]

§ 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

Subpart A-Special Anchorage Areas

110.2 Sheepscot River, Wiscasset, Maine. 110.2a Camden Harbor, Maine. 110.3 Kennebec River at Randolph, Maine. 110.3a Kennebec River at Gardiner, Maine. 110.4 Kennebec River at Augusta, Maine. 110.5 Casco Bay, Maine. 110.6 Portland Harbor, Portland, Maine (between Little Diamond Island and Great Diamond Island).

110.8 Lake Champlain, N.Y. and Vt. 110.10 Portsmouth Harbor, N.H., north of Newcastle Island.

110.15 Newburyport Harbor, Mass. 110.20 Parker River, Newbury, Mass., 11⁄2 miles above mouth..

110.22 Plum Island Sound off Great Neck, Mass.

110.25 Beverly and Salem Harbors, Mass. 110.26 Marblehead Harbor, Marblehead, Mass.

110.30 Boston Harbor, Mass., and adjacent

waters.

110.31 Hull Bay and Allerton Harbor at Hull, Mass.

110.32 Hingham Harbor, Hingham, Mass.

110.33 Scituate Harbor, Mass.

110.35 Plymouth Harbor, Mass.

110.37 Sesuit Harbor, Dennis, Mass.

110.38 Edgartown Harbor, Mass.

110.40 Silver Beach Harbor, North Fal

mouth, Mass.

110.45 Onset Bay, Mass.

110.46 Newport Harbor, Newport, R.I. 110.47 Little Narragansett

Sec.

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. 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 Nove 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 Ches

Bay,

Watch

110.93

Hill, R.I.

110.48 Thompson Cove on east side of Paw

catuck River below Westerly, R.I.

110.50 Stonington Harbor, Conn.

110.50a Fishers Island Sound, Stonington,

Calif.

110.158

110.159

Baltimore Harbor, Md.

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.

110.188 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.

Sec.

110.196 Sabine Pass Channel, Sabine Pass, Tex.

110.197 Galveston Harbor, Bolivar Roads Channel, Tex.

110.205 Chicago Harbor, Ill. 110.207

Cleveland Harbor, Ohio. 110.208 Buffalo Harbor, N.Y. 110.210 San Diego Harbor, Calif. 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

areas.

110.222 Pacific Ocean at Santa Barbara Island, Calif.

110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, San Joaquin River, and connecting waters, Calif. 110.228 Columbia River, Oreg. and Wash. 110.229 Straits of Juan de Fuca, Wash. 110.230 Puget Sound Area, Wash. 110.232 Southeast Alaska.

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.

110.240 San Juan Harbor, P.R. 110.245 Vieques Passage and

Vieques

(a) The areas described in Subpart A of this part are designated as special anchorage areas pursuant to the authority contained in an act amending laws for preventing collisions of vessels approved April 22, 1940 (54 Stat. 150); Article 11 of section 1 of the act 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

80-110 0-81-22