Subpart A-General $160.1 Purpose. (a) This subchapter contains regulations implementing the Ports and Waterways Safety Act (33 U.S.C. 1221) and related statutes. § 160.3 Definitions. (a) For the purpose of this part: (1) "Captain of the Port" means the Coast Guard officer commanding a Captain of the Port zone described in Part 3 of this chapter, or that person's authorized representative. (2) "Commandant" means the Commandant of the Coast Guard or that person's authorized representative. (3) "District Commander" means the Coast Guard officer commanding a Coast Guard District described in Part 3 of this chapter or that person's authorized representative. (4) "Person" means an individual, firm, corporation, association, partnership, or governmental entity. (5) "State" includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas Islands, and any other commonwealth, territory, or possession of the United States. (6) "United States", when used in geographical context, means all the States thereof. (7) "Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. Subpart B-Orders and Directions of the Captain of the Port and District Commander § 160.101 Applicability. (a) This subpart applies to any (1) Vessel on the navigable waters of the United States, except as provided in paragraphs (b) and (c) of this section; (2) Bridge or other structure on or in the navigable waters of the United States; and (3) Land structure or shore area immediately adjacent to the navigable waters of the United States. (b) This subpart does not apply to any vessel on the Saint Lawrence Seaway or Panama Canal. (c) Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this subpart does not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in (1) Innocent passage through the territorial sea of the United States; or (2) Transit through the navigable waters of the United States which form a part of an international strait. § 160.106 Waterfront safety. (a) To prevent damage to, or destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to those waters, and to protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss, each District Commander or Captain of the Port may (1) Direct the handling, loading, unloading, storage, stowage, and movement (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in Section 4417a of the Revised Statutes, as amended, (46 U.S.C. 391a) on any structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to those waters; and (2) Conduct examinations to assure compliance with the safety equipment requirements for structures. § 160.111 Vessel operating requirements. (a) Each District Commander or Captain of the Port may direct any vessel to operate or anchor in the manner directed if (1) There is reasonable cause to believe the vessel is not in compliance with any regulation, law or treaty; (2) The vessel does not satisfy the conditions for port entry specified in section 9 of the PWSA (33 U.S.C. 1228); or (3) It is determined that such directive is justified in the interest of safety by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances or the condition of such vessel. (b) Each District Commander or Captain of the Port may control vessel traffic in an area which is determined to be hazardous or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances by issuing orders (1) Specifying times of vessel entry, movement, or departure to, from, within, or through ports, harbors, or other waters; (2) Establishing vessel traffic routing schemes; (3) Establishing vessel size, speed, draft limitations, and operating conditions; and (4) Restricting vessel operation, in a hazardous area or under hazardous conditions, to vessels which have particular operating characteristics or ca pabilities which are considered necessary for safe operation under the circumstances. § 160.116 Denial of entry. (a) Any person directly affected by an action taken under this part may request reconsideration by the Coast Guard official who is responsible for that action. (b) Each District Commander or Captain of the Port, subject to recognized principles of international law, may deny entry into the navigable waters of the United States or to any port or place under the jurisdiction of the United States to any vessel not in compliance with the provisions of the Ports and Waterways Safety Act (33 U.S.C. 1221-32) or the regulations issued thereunder. § 160.121 Compliance with directions and orders. (a) Each person who has notice of the terms of an order or direction issued under § 160.106, § 160.111, or § 160.116 shall comply with that order. § 160.126 Withholding of clearance. (a) Each District Commander or Captain of the Port may request the Secretary of the Treasury, or the authorized representative thereof, to withhold or revoke the clearance required by 46 U.S.C. 91 of any vessel, the owner or operator of which is subject to any penalties under 33 U.S.C. 1232. § 160.131 Appeals. (a) Any person directly affected by an action taken under this part may request reconsideration by the Coast Guard official who is responsible for that action. (b) Any person not satisfied with a ruling made under the procedure contained in paragraph (a) of this section may appeal that ruling in writing. except as allowed under paragraph (e) of this section, to the Coast Guard District Commander of the district in which the action was taken. The appeal may contain supporting documentation and evidence that the appellant wishes to have considered. If requested, the District Commander may stay the effect of the action being appealed while the ruling is being reviewed. The District Commander issues a ruling after reviewing the appeal submitted under this paragraph. (c) Any person not satisfied with a ruling made under the procedure contained in paragraph (b) of this section may appeal that ruling in writing, except as allowed under paragraph (e) of this section, to the Chief, Office of Marine Environment and Systems, U.S. Coast Guard, Washington, D.C. 20593. The appeal may contain supporting documentation and evidence that the appellant wishes to have considered. If requested, the Chief, Office of Marine Environment and Systems, may stay the effect of the action being appealed while the ruling is being reviewed. The Chief, Marine Environment and Systems, issues a ruling after reviewing the appeal submitted under this paragraph. (d) Any decision made by the Chief, Office of Marine Environment and Systems, under the procedure contained in paragraph (c) of this section is final agency action. (e) If the delay in presenting a written appeal would have a significant adverse impact on the appellant, the appeal under paragraph (b) or (c) of this section may initially be presented orally. If an initial presentation of the appeal is made orally, the appellant must submit the appeal in writing within five days of the oral presentation to the Coast Guard official to whom the oral presentation was made containing, at a minimum, the basis for the appeal and a summary of the material presented orally. Subpart A-Notifications of Arrivals, Departures, Hazardous Conditions, and Certain Dangerous Cargoes AUTHORITY: Sec 2, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 1.46(n)(4). SOURCE: CGD 75-238, 45 FR 57394, Aug. 28, 1980, unless otherwise noted. § 161.1 Applicability and exceptions to ap plicability. (a) This subpart prescribes notification requirements for U.S. and foreign vessels bound for or departing from ports or places in the United States. (b) This subpart does not apply to boats under the Federal Boat Safety Act of 1971 (46 U.S.C. 1451, et seq.) and, except § 161.15, does not apply to passenger and supply vessels when they are employed in the exploration for or in the exploitation of oil, gas, or mineral resources on the continental shelf. (c) Sections 161.7 and 161.9 do not apply to the following: (1) Each vessel of less than 1,600 gross tons. (2) Each vessel operating exclusively within a Captain of the Port zone. (3) Each vessel operating upon a route that is described in a schedule that is submitted to the Captain of the Port for each port or place of destination listed in the schedule at least 24 hours in advance of the first date and time of arrival listed on the schedule and contains (i) Name, country of registry, and call sign or official number of the vessel; (ii) Each port or place of destination; and (iii) Dates and times of arrivals and departures at those ports or places (4) Each vessel arriving at a port or place under force majeure. (5) Each vessel entering a port of call in the United States in compliance with the Automated Mutual Assistance Vessel Rescue System (AMVER). (6) Each vessel entering a port of call in the United States in compliance with the U.S. Flag Merchant Vessel Locator Filing System (USMER). (7) Each barge. (8) Each public vessel. (9) United States or Canadian flag vessels, except tank vessels or vessels carrying certain dangerous cargo, which operate solely on the Great Lakes. (d) Sections 161.7, 161.11, and 161.13 apply to each vessel upon the waters of the Mississippi River between its mouth and mile 235, Lower Mississippi River, above Head of Passes. Sections 161.7, 161.11, and 161.13 do not apply to each vessel upon the waters of the Mississippi River between its source and mile 235, above Head of Passes, and all the tributaries emptying thereinto and their tributaries, and that part of the Atchafalaya River above its junction with the PlaquemineMorgan City alternate waterway, and the Red River of the North. As used in this subpart: "Agent" means any person, partnership, firm, company or corporation engaged by the owner or charterer of a vessel to act in their behalf in matters concerning the vessel. "Carried in bulk" means a commodity that is loaded or carried on board a vessel without containers or labels and received and handled without mark or count. "Certain dangerous cargo" includes any of the following: (a) Class A explosives, as defined in 46 CFR 146.20-7 and 49 CFR 173.53. (b) Oxidizing materials or blasting agents for which a permit is required under 49 CFR 176.415. (c) Large quantity radioactive material, as defined in 49 CFR 173.389(b), or Fissile Class III shipments of fissile radioactive material, as defined in 49 CFR 173.389(a)(3). (d) Each cargo under Table 1 of 46 CFR Part 153 when carried in bulk. (e) Any of the following when carried in bulk: Acetaldehyde Ammonia, anhydrous Butadiene Butane Butene Butylene Oxide Ethane Ethylene Oxide |