flammable solids or oxidizers shall be so arranged as to prevent moisture coming in contact therewith.

(e) Acids and corrosive liquids shall be so handled and stored as to prevent such acids and liquids, in event of leakage, from contacting any organic materials.

(f) Poisonous gases, poisonous liquids, and poisonous solids shall be so handled and stored as to prevent their contact with acids, corrosive liquids, flammable liquids or flammable solids.

(g) Dangerous cargo which may be stored on the waterfront facility shall be arranged in such manner as to retard the spread of fire. This may be accomplished by interspersing dangerous cargo with inert or less combustible materials.

(h) All dangerous cargo stored on the waterfront facility shall be packaged, marked, and labled in accordance with 49 CFR Parts 170-179.

(i) Storage of all radioactive materials shall be so arranged as to preclude a gamma radiation in excess of 200 milliroentgens per hour or physical equivalent at any readily accessible surface.

(Sec. 2, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 1.46(n)(4))

[CGD 78-023, 44 FR 4643, Jan. 22, 1979, as amended by CGD 75-238, 44 FR 63676, Nov.

| 5, 1979; CGD 75-238, 45 FR 57394, Aug. 28, 1980]

§ 126.28 Ammonium nitrate, ammonium nitrate fertilizers, fertilizer mixtures, or nitro carbo nitrate; general provisions.

(a) When any item of ammonium nitrate, ammonium nitrate fertilizers, fertilizer mixtures, or nitro carbo nitrate, described and defined as an oxidizer by the regulations of 49 CFR Part 173 is handled, stored, stowed, loaded, discharged or transported on a - waterfront facility, the following provisions shall apply:

(1) All outside containers shall be marked with the proper shipping name of the nitrate packed within the container.

(2) The building on a waterfront facility used for storage of any of these materials shall be of such construction as to afford good ventilation.

(3) Storage of any of these materials shall be at a safe distance from electric wiring, steam pipes, radiators or any heating mechanism.

(4) These materials shall be separated by a fire resistant wall or by a distance of at least 30 feet from organic materials or other chemicals and substances which could cause contamination such as flammable liquids, combustible liquids, corrosive liquids, chlorates, permanganates, finely divided metals, caustic soda, charcoal, sulfur, cotton, coal, fats, fish oils or vegetable oils.

(5) Storage of any of these materials Ishall be in a clean area upon clean wood dunnage, or on pallets over a clean floor. In the case of a concrete floor, storage may be made directly on the floor if it is first covered with a moisture barrier such as a polyethylene sheet or asphaltic laminated paper.

(6) Any spilled material shall be promptly and thoroughly cleaned up and removed from the waterfront facility. If any spilled material has remained in contact with a wooden floor for any length of time the floor shall be scrubbed with water and all spilled material shall be thoroughly dissolved and flushed away.

(7) An abundance of water for firefighting shall be readily available.

(8) Open drains, traps, pits or pockets which could be filled with molten ammonium nitrate if a fire occurred (and thus become potential detonators for the storage piles) must be eliminated or plugged.

NOTE: See 49 CFR 176.415 for permit requirements for nitro carbo nitrate and certain ammonium nitrates.

[CGD 78-023, 44 FR 4644, Jan. 22, 1979]

§ 126.29 Supervision and control of dangerous cargo.

(a) Authority. The Captain of the Port is authorized to require that any transaction of handling, storing, stowing, loading, discharging, or transporting the dangerous cargo covered by this subchapter shall be undertaken and continued only under the immediate supervision and control of the Captain of the Port or his duly authorized representative. In case the Captain of

the Port exercises such authority, all directions, instructions, and orders of the Captain of the Port or his representative, not inconsistent with this part, with respect to such handling, storing, stowing, loading, discharging, and transporting; with respect to the operation of the waterfront facility; with respect to vessels handling, stowing, loading, or discharging of dangerous cargo at anchorages when the operations are under the immediate control and supervision of the Captain of the Port or his duly authorized representative; with respect to the ingress and egress of persons, articles, and things and to their presence on the waterfront facilty or vessel; and with respect to vessels approaching, moored at, and departing from the waterfront facility, shall be promptly obeyed.

(b) Reporting discharge of dangerous liquid commodities into the waters of the United States. To enhance the safety of the port and to protect vessels, their cargo, and waterfront facilities therein, the discharge into the navigable waters of the United States of petroleum products, petroleum byproducts or other dangerous liquid commodities which may create a hazard or toxic condition in the port area will be immediately reported to the Captain of the Port or District Commander by the owner or master of the vessel from which the discharge occurred, or the owner or operator of a waterfront facility from which the discharge occurred.

[CGFR 69-89, 34 FR 17478, Oct. 29, 1969]

The Captain of the Port is hereby authorized to terminate or to suspend the general permit granted by § 126.27 in respect to any particular designated waterfront facility whenever he deems that the security or safety of the port or vessels or waterfront facilities therein so requires. Confirmation of such termination or suspension shall be given to the permittee in writing. After such termination, the general permit may be revived by the District Commander with respect to such particular waterfront facility upon a finding by him that the cause of termination no longer exists and is unlikely to

recur. After such suspension, the general permit shall be revived by the Captain of the Port with respect to such particular waterfront facility when the cause of suspension no longer exists, and he shall so advise the permittee in writing.

[CGFR 51-37, 16 FR 8680, Aug. 28, 1951, as amended by CGFR 69-89, 34 FR 17479, Oct. 29, 1969]

§ 126.33 Penalties for handling dangerous cargo without permit.

Handling, storing, stowing, loading, discharging, or transporting any dangerous cargo covered by § 126.27 under circumstances not covered by the general permit granted in § 126.27 or when such general permit is not in force will subject persons responsible therefor to the civil or criminal penalties provided in Section 13 of the Ports and Waterways Safety Act, as amended (33 U.S.C. sec. 1232).

[CGD 78-023, 44 FR 4644, Jan. 22, 1979] § 126.35 Primary responsibility.

Nothing contained in the rules, regulations, conditions, and designations this part shall be construed as reliev ing the masters, owners, operators, and agents of vessels, docks, piers, wharves, or other waterfront facilities from their primary responsibility for the security of such vessels, docks, piers, wharves, or waterfront facilities. [CGFR 51-37, 16 FR 8680, Aug. 28, 1951) § 126.37 Separability.

If any provision of the rules, regula tions, conditions, or designations contained in this part or the application of such provision to any person, waterfront facility, or circumstances shall be held invalid, the validity of the re mainder of the rules, regulations, conditions, or designations contained in this part and applicability of such provision to other persons, waterfront facilities, or circumstances, shall not be affected thereby.

[CGFR 51-37, 16 FR 8680, Aug. 28, 1951)

127.301

Subpart B-Security Zones

Sandy Hook Bay, N.J.

127.305 New London Harbor, Conn. 127.701 Vicinity, Kennedy Space Center, Merritt Island, Fla.

127.1401 Apra Harbor, Guam.

AUTHORITY: Sec. 1, 40 Stat. 220, as amended, sec. 6(b)(1), 80 Stat. 937; 50 U.S.C. 191, 49 U.S.C. 1655(b); EO 10173, EO 11249; 3 CFR 1949-1953 Comp. p. 356, 3 CFR, 19641965 Comp. p. 349; 49 CFR 1.46(b), unless otherwise noted.

SOURCE: CGD 72-51R, 37 FR 10801, May 31, 1972, unless otherwise noted.

in the United States and all territory and water, continental or insular, that is subject to the jurisdiction of the United States.

§ 127.15 General security zone regulations.

Unless otherwise provided in the special regulations in Subpart B of this part

(a) No person or vessel may enter or remain in a security zone without the permission of the Captain of the Port;

(b) Each person and vessel in a security zone shall obey any direction or order of the Captain of the Port;

(c) The Captain of the Port may take possession and control of any vessel in a security zone;

(d) The Captain of the Port may remove any person, vessel, article, or thing from a security zone;

(e) No person may board or take or place any article or thing on board any vessel in a security zone without the permission of the Captain of the Port; and

(f) No person may take or place any article or thing upon any waterfront facility in a security zone without the permission of the Captain of the Port. § 127.20 Establishment of security zones; procedures.

(a) Any person may request that a security zone be established. Such request must include

(1) The name of the person submitting the request;

(2) The location;

(3) The date, time, and duration; (4) A description of activities planned for the security zone; and

(5) The reason for the security zone.

(b) Each request must be submitted to the Captain of the Port who has jurisdiction over the location. (See Part 3 of this chapter.)

(c) When a Captain of the Port establishes a security zone, he

(1) Publishes notice of the security zone in the FEDERAL REGISTER and the Local Notice to Mariners; and

(2) Requests local newspapers and broadcasting stations to disseminate the information.

(d) When there is insufficient time to give notice by means of publication

(a) Naval Ammunition Depot Piers: The waters within the following boundary is a security zone: A line beginning on the shore at 40°25′57′′ N. latitude, 74°04'32" W. longitude; thence to 40°27′52.5" N. latitude, 74°03'14.5" W. longitude; thence to 40°27′28.3" N. latitude, 74°02′12.4" W. longitude; thence to 40°26'29.2" N. latitude, 74°02′53′′ W. longitude; thence to 40 26 31.1" N. latitude, 74°02'57.2" W. longitude; thence to 40°25′27.3′′ N. latitude, 74°03'41" W. longitude; thence along the shoreline to the beginning point.

(b) Terminal Channel: The waters within the following boundary is a security zone: A line beginning at 40 27 41.2 N. latitude, 74°02'46" W. longitude; thence to 40°28′27′′ N. latitude, 74°02'17.2" W. longitude; thence to 40°28′21.1" N. latitude, 74°02′00′′ W. longitude; thence to 40°28′07.8" N. latitude, 74°02'22" W. longitude; thence to 40°27′39.8′′ N. latitude, 74°02′41.4′′ W. longitude; thence to the beginning.

(c) The following rules apply to the security zone established in paragraph (b) of this section (Terminal Channel), instead of § 127.15(a) (37 FR 10801)—

(1) No vessel may anchor, stop, remain, or drift without power at anytime in the security zone.

(2) No vessel may enter, cross, or otherwise navigate in the security zone when a public vessel or any other vessel, that cannot safely navigate outside the Terminal Channel, is approaching or leaving the Naval Ammunition Depot Piers at Leonardo, N.J.

(3) Vessels may enter or cross the security zone, except as provided in paragraph (c)(2) of this section.

(4) No person may swim in the security zone.

[CGD 72-157R, 37 FR 16675, Aug. 18, 1972]

§ 127.305 New London Harbor, Conn.

(a) Security Zones-(1) Security Zone A. The waters of the Thames River off State Pier enclosed by a line beginning at the midpoint of the southeast face of State Pier thence to latitude 41°21'24" N., longitude

72°05′21.2" W.; thence to latitude 41°21′26.2′′ N., longitude 72°05′19.3′′ W.; thence to latitude 41°21′34′′ N., longitude 72°05'18.1" W.; thence to latitude 41°21'37.4" N., longitude 72°05′21′′ W. (Buoy C 15); thence to latitude 41°21′37′′ N., longitude 72°05′25.1′′ W. (Winthrop Point Anchorage Buoy A); thence westerly to the shoreline at latitude 41°21'37" N., longitude 72°05′28′′ W.; thence along the shoreline and pier to the point of beginning.

(2) Security Zone B. The waters of the Thames River west of the Electric Boat Division Shipyard enclosed by a line beginning at a point on the shoreline at latitude 41°20′27′′ N., longitude 72°04'53.3" W.; thence due west to latitude 41°20′27′′ N., longitude 72°0502TM W.; thence to latitude 41°21′03′′ N, longitude 72°05'06.7" W.; thence easterly to a point on the shoreline at latitude 41°21′03′′ N., longitude 72°05′00′′ W.; thence along the shoreline to the point of beginning.

N.,

(3) Security zone C. The waters of the Thames River, west of the Naval Submarine Base, New London, en- 1 closed by a line beginning at a point : on the shoreline at latitude 41°23'15.8 N., longitude 72°05'17.9" W.; thence to latitude 41°23'15.8" longitude 72°05'22" W.; thence to latitude 41°23'25.9" N., longitude 72°05′29.9" W.; thence to latitude 41°23'47.2" N., longitude 72°05'42.2" W.; thence to latitude 41°23'53.8" N., longitude 72°05'43.7" W.; thence to latitude 41°24′04.2" N., longitude 72°05'42.9" W.; thence to a point on the shoreline at latitude 41°24'04.2 N., longitude 72°05'38" W.; thence along the shoreline to the point of beginning.

(b) Special regulations. Section 127.15 does not apply to public vessels when operating in Security Zones A or B, or to vessels owned by, under hire to, or performing work for the Electric Boat Division when operating in Security Zone B.

(40 Stat. 220, as amended, sec. 1, 63 Stat. 503, sec. 6(b), 80 Stat. 937 (50 U.S.C. 191, 14 U.S.C. 91, 49 U.S.C. 1655(b)(1)) EO 10173, as amended; 3 CFR 1949-1953 Comp. 356, 778, 873, 3 CFR 1964-1965 Comp. 349, 33 CFR Part 6, 49 CFR 1.56(b))

[CGD 73-182R, 38 FR 31428 Nov. 14, 1973, as amended by CGD 74-188, 40 FR 30961, July 24, 1975]

§ 127.701 Vicinity, Kennedy Space Center, Merritt Island, Fla.

All land, water, and land and water bounded by and within the perimeter commencing at the intersection of the Cape Canaveral Barge Canal and Banana River at position 28-24.55N, 80-39.8W, due West along the Northern shoreline of the Barge Canal for thirteen hundred (1,300) yards, thence due North to position 28-28.7N, 8040.5W, on Merritt Island, thence on an irregular line from this position to the Eastern shoreline of the Indian River to a position thirteen hundred (1,300) yards South of NASA Causeway at position 28-30.9N, 80-43.7W, (the line from the Barge Canal to the Eastern shoreline of the Indian River is marked by a three (3) strand barbed wire fence), thence North on the shoreline of the Indian River to the NASA Causeway at position 28-31.5N, 80-43.8W. The line will continue West on the Southern shoreline of the NASA Causeway to NASA gate number three (3) (permanent) then North to the Northern shoreline of NASA Causeway and East on the Northern shoreline of the Causeway back to the shoreline on Merritt Island at position 28-31.6N, 80-43.7W, thence Northwesterly along the shoreline to position 28-41.02N, 80-47.17W (Blackpoint), thence due North to Channel marker #6 on the Intracoastal Waterway, thence North Easterly along the Southern edge of Intracoastal Waterway to the Western entrance to Haulover Canal; thence Northeasterly along the Southern edge of Haulover Canal to the Eastern entrance to the Canal, thence due East to a point in the Atlantic Ocean three (3) miles off shore at position 28-44.7N, 8037.85W, thence Southerly along a line three (3) miles from the coast to wreck buoy "WR6" thence to Port Canaveral Channel lighted Buoy "10" thence Westerly along the Northern edge of

the Port Canaveral Channel to the Northeast corner of the intersection of the Cape Canaveral Barge Canal and Intracoastal Waterway in the Banana River at Position 28-24.6N, 80-38.7W Northerly along the east side of the Intracoastal Waterway to NASA Causeway East (Orsino Causeway), thence Westerly along the Southern shoreline of NASA Causeway East to the shoreline on Merritt Island at position 28-31.2N, 80-37.4W, thence South on the shoreline to the starting point. The area designated herein shall be closed to all vessels and persons, except those vessels and persons authorized by Commander, Seventh Coast Guard District, or Captain of the Port, Jacksonville, Florida, whenever space vehicles are to be launched by the United States Government. Closure of the Security Zone, or specified portions of it, will be as specified by Captain of the Port, Jacksonville, FL, in locally promulgated announcements. The closing of the area will be signified by the display of a red ball from a 90-foot pole near the shoreline at approximately 28-35N, 80-34.6W, and from a 90-foot pole near the shoreline at approximately 28-25.3N, 80-35W. Appropriate local Notice to Mariners will also be broadcast on 2670 KHZ.

(40 Stat. 220 as amended (50 U.S.C. 191), Sec. 1; 63 Stat. 503 (14 U.S.C. 91), sec. 6(b)(1); 80 Stat. 937 (49 U.S.C. 1655(b)); EO 10173, EO 10277, EO 10352, EO 11249; 3 CFR 1949-1953 Comp. 356, 778, 873; 3 CFR 1964-1965 Comp. 349; 33 CFR Part 6; 49 CFR 1.46(b))

[CGD 7-79-1R, 44 FR 8869, Feb. 12, 1979]

§ 127.1401 Apra Harbor, Guam.

(a) Security zones—(1) Security Zone A. The waters of the Pacific Ocean and Apra Outer Harbor within an elliptical area of 650 yards radius centered at the southwest and north corners of Navy Wharf H. (Southwest corner is at latitude 13°27'43.6" N., longitude 144°38′55′′ E.; the north corner is at latitude 13°27'44.6" N., longitude 144°39′00′′ E.)

(2) Security Zone B. A 680-yard-wide area in Apra Outer Harbor contiguous to and bordering Security Zone A.

(b) Special regulations. (1) Section 127.15 does not apply to Security