§ 110.238 Apra Harbor, Guam.

(a) The anchorage grounds—(1) General Anchorage. The waters of Apra Outer Harbor enclosed by a line beginning at Southwest Point at latitude 13°27′29′′ N., longitude 144°39′32′′ E.; thence to latitude 13°27′18′′ N., Longitude 144°39′18′′ E.; thence to Spanish Rocks at latitude 13°27'09.5" N., longitude 144°37'20.6′′ E.; thence along the shoreline to the point of beginning.

(2) Explosives Anchorage 701. In Naval Anchorage A, a circular area with a radius of 350 yards, centered at latitude 13°26'51" N., longitude 144°37'48.7" E.

(3) [Reserved]

N..

(4) Naval Anchorage A. The area enclosed by a line beginning at latitude 13°26'44.3" N., longitude 144°37′37.8" E.; thence to latitude 13°26′59′′ N., longitude 144°37'37.8" E., thence to latitude 13°27'07.6" longitude 144°38'56" E.; thence to latitude 13°26'56.6" N., longitude 144°38′56′′ E.; thence to latitude 13°26'56.6" N., longitude 144°39'03.8" E.; thence to latitude 13°26′51.3" N., longitude 144°39'03.8" E.; thence to latitude 13°26′51.3" N., longitude 144°39′19.4" E.; thence to latitude 13°26'39.2" N., longitude 144°39'19.4" E.; thence to latitude 13°26'37.4" N., longitude 144°37′57′′ E.; thence to the point of beginning.

(5) Naval Anchorage B. The area enclosed by a line beginning at latitude 13°26'40.7" N., longitude 144°39'48.5" E.; thence to latitude 13°26'50.6" N., longitude 144°39′59′′ E., thence to latitude 13°26'48" N., longitude 144°40'01.2" E.; thence to latitude 13°26'38" N., longitude 144°39′51.2" E.; thence 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) 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 Anchorages A and B. (i) Except as provided in paragraph (b)(3)(ii) of this section, nonnaval vessels may not anchor within these anchorages or use the mooring buoys therein without permission of the

obtained

local Naval authorities 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.

(4) 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.

(Sec. 6(g)(1)(A), 80 Stat. 937; 49 U.S.C. 1655 (g)(1)(A); 49 CFR 1.46(c)(1), 33 CFR 1.051(c)(1))

[CGD 72-51R, 37 FR 10801, May 31, 1972, as amended at 37 FR 15993, Aug. 9, 1972; CGD 73-191, 40 FR 1017, Jan. 6, 1975]

erly channel limit of Anegado Channel; and thence along the westerly channel limit of Anegado Channel to the point of beginning.

(b) The regulations. (1) The anchorage described in paragraph (a)(1) of this section shall be reserved for the anchorage of yachts, schooners, and small craft.

(2) Vessels awaiting customs or quarantine shall use the anchorage described in paragraph (a)(2) of this section. No vessel shall remain in this anchorage more than 24 hours without a permit from the U.S. Coast Guard Captain of the Port.

(3) 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.

(Sec. 7, 38 Stat. 1053, as amended (33 U.S.C. 471); sec 6(g)(1)(A), 80 Stat. 937 (49 U.S.C. 1655(g)(1)(A); 49 CFR 1.46(c)(1))

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 79-119, 45 FR 32673, May 19, 1980]

$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′00′′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 lati

tude 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 empowered, 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.

AUTHORITY: Sec. 5, 28 Stat. 362, as amended, sec. 11, 54 Stat. 501, as amended, sec. 12, 60 Stat. 244, as amended, sec. 6(g), 80 Stat. 941; 33 U.S.C. 499, 521, 5 U.S.C. 559, 49 U.S.C. 1655(g); Department of Transportation Order 1100.1, Mar. 31, 1967, 49 CFR 1.4(a)(3).

SOURCE: CGFR 67-46, 32 FR 17769, Dec. 12, 1967, 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:

of

(1) Locations and clearances 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 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 Commandant, 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 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.

(d) The Commandant by 33 CFR 1.05-1(c)(4) delegated to the Chief, Office of Marine Environment and Systems, U.S. Coast Guard Headquarters the authority to issue rules and regulations pertaining to the operation of drawbridges. This authority shall not be further redelegated.

[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]

term

"bridge"

(c) Bridges. The 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).

(k) Chief, Office of Marine Environment and Systems. The term "Chief, Office of Marine Environment and Systems" means the officer of the Coast Guard designated by the Com

mandant as his staff officer in charge of the Office of Marine Environment and Systems, 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 CGFR 71-95, 36 FR 19160, Sept. 30, 1971; CGD 76-144, 42 FR 28882, June 6, 1977]

§ 114.10 General policies on issuance of permits.

(a) The decision as to whether a permit will be issued must rest primarily upon the effect of the proposed work on navigation. However, in cases where the structure is unobjectionable from the standpoint of navigation but when State or local authorities decline to give their consent to the work, it is not usual for the Coast Guard actually to issue a permit. This is for the reason that while the instrument merely expresses assent so far as concerns the public rights of navigation, it practically becomes of no value in the event of opposition by State or local authority and may be regarded by such authority as an act of discourtesy. In such cases the applicant is informed that the structure is unobjectionable from the standpoint of navigation and that permit would be issued were the consent of the local authority also forthcoming.

(b) In cases of conflicting property rights the Coast Guard cannot undertake to adjudicate rival claims.

(c) Where it is found that the work for which a permit is desired may interfere with a proposed flood control project, the applicant and the party or parties responsible for fulfillment of the requirements of local cooperation will be apprised in writing of the fact and of the possibility that a flood control project which may be constructed in the vicinity of the proposed work will necessitate its removal or reconstruction. It is pointed out to the applicant and to local interests that the Coast Guard's function in approving plans for bridges across navigable waters is only to insure that structures meet the requirements of navigation and that the application for a permit will be considered on that basis; and