(1) Meets the requirements for a main steering gear in paragraphs (g)(1) and (g)(2) of this section; and

(2) Can, while the vessel is operating at maximum service speed in its deepest seagoing draft with only one power unit, move the rudder in the manner described in paragraphs (g)(3)(i) and (g)(3)(ii) of this section.

(i) Mechanical couplings, including mechanical connections with a remote steering gear control system, on a new tank vessel must be of sound construction and designed for reliable performance.

(j) Each steering gear power unit on a new tank vessel must

(1) Be designed so that—

(i) When operating at the time of power failure, it will start automatically after power is restored unless it is manually shut off during the power failure; and

(ii) It can be brought into operation from a position on the navigating bridge;

(2) Have an alarm that activates on the navigating bridge upon loss of power to the power unit.

(k) The power supply of at least one steering gear power unit on a new tank vessel, and one remote steering gear control system, must be the vessel's main source of electrical power.

(1) Each new tank vessel must have an alternative power supply that can automatically supply power to a steering gear power unit, its associated remote steering gear control system, and the rudder angle indicator system within 45 seconds after loss of the vessel's main source of electrical power.

(m) The alternative power supply required by paragraph (1) of this section must be

(1) The emergency source of electrical power on the vessel; or

(2) An independent source of power that

(i) Is located in the steering gear compartment;

(ii) Is not used for any purpose other than as an alternative power supply; and

(iii) Has sufficient capacity for at least one half hour of continuous operation.

(n) A steering gear power unit on a new tank vessel, when supplied by the

alternative power supply, must be capable of putting the rudder over from 15 degrees on one side of the vessel to 15 degrees on the other side within 60 seconds when the vessel is operating in its deepest seagoing draft at 1⁄2 maximum service speed or 7 knots, whichever is greater.

(0) Each tank vessel must have operating instructions and a block diagram that clearly and simply explain the change-over procedures for the remote steering gear control systems and steering gear power units on the vessel. The instructions and block diagram must be permanently displayed both on the navigating bridge and in the steering gear compartment on the vessel.

(p) No tank vessel may enter or be operated in confined or congested waters described in § 164.16 unless

(1) When under way in those waters, at least two of the steering gear power units on the vessel are in operation if simultaneous operation of the units is practicable; and

(2) Within one hour before entering those waters the steering wheel or lever on the navigating bridge is operated to determine whether the steering equipment is operating properly under manual control.

(q) The master of a U.S. tank vessel shall conduct an emergency steering drill at least once every 3 months and have the results of the drill logged in the vessel's log book. The drill must include at a minimum the following:

(1) Operation of the main steering gear from within the steering gear compartment.

(2) Operation of the means of communications required by paragraph (f)(3) of this section.

(3) Operation of the alternative power supply if the vessel is so equipped.

(r) No tank vessel may enter or be operated in U.S. navigable waters unless the emergency steering drill described in paragraph (q) of this section has been

(1) Conducted within three months prior to entry; and

(2) Logged in the vessel's log book. (s) Compliance with the requirements in paragraphs (c) through (f) of

this section is not required until June 1, 1981.

(t) This section is issued under the authority of section 5 of The Port and Tanker Safety Act of 1978 (Sec. 5, Pub. L. 95-474) (46 U.S.C. 391(a)).

(Sec. 5, Pub. L. 95-474 (46 U.S.C. 391(a); 49 CFR 1.46)

[CGD 77-063, 44 FR 66530, Nov. 19, 1979]

§ 164.41 Electronic position fixing devices. (a) This section applies to vessels calling at ports in the continental U.S. including Alaska south of Cape Prince of Wales, except those vessels owned or bareboat chartered and operated by the United States, by a state or its political subdivision, or by a foreign nation, and not engaged in commerce. (b) Each vessel must have one of the following devices installed:

(1) A Loran-C receiver meeting paragraph (c) of this section.

(2) A continual update, satellitebased hybrid navigation receiver meeting paragraph (d) of this section.

(3) A system that is found by the Commandant to meet the intent of the statements of availability, coverage, and accuracy for the U.S. Coastal Confluence Zone (CCZ) contained in the U.S. "Department of Transportation (DOT) National Plan for Navigation" (Report No. DOT-TST-78-4, dated November 1977). A person desiring a finding by the Commandant under this subparagraph must submit a written request describing the device to: Commandant (G-WLE/73), U.S. Coast Guard, Washington, D.C. 20950. After reviewing the request, the Commandant may require additional information to establish whether or not the device meets the intent of the "DOT National Plan for Navigation."

NOTE: The "DOT National Plan for Navigation" is available from the National Technical Information Service, Springfield, VA 22161. Government Accession No. AD-A052269.

(c) Each Loran-C receiver installed after May 31, 1979 must meet the following:

(1) Be a Type I or II receiver as defined in Section 1.2(e), meeting Part 2 (Minimum Performance Standards) of the Radio Technical Commission for Marine Services (RTCM) Paper 12-78/

DO-100, and entitled "Minimum Performance Standards (MPS) Marine Loran-C Receiving Equipment". The standards referred to in this paragraph are intended to be incorporated by reference as they exist on December 20, 1977 and notice of any change in these standards will be published in the FEDERAL REGISTER. This incorporation by reference was approved by the Director of the Federal Register on May 25, 1979 and is available for inspection at the Office of the Federal Register Library, Room 8401, 1100 L St. NW., Washington, D.C. 20408. The RTMC paper is available from the Radio Technical Commission for Marine Services, P.O. Box 19087, Washington, D.C. 20036 (202) 2966610.

(2) After June 1, 1982, except as allowed by paragraph (c)(3) of this section, have a permanently affixed label containing

(i) The name and address of the manufacturer; and

(ii) The following statement:

This receiver was designed and manufactured to comply with Part 2 (Minimum Performance Standards) of the RTCM MPS for Marine Loran-C Receiving Equipment.

(3) Each Loran-C receiver installed before June 1, 1982, that meets paragraph (c)(1) of this section must meet paragraph (c)(2) of this section on June 1, 1985.

(d) Each hybrid satellite system must have

(1) Automatic acquisition of satellite signals after initial operator settings have been entered;

(2) Position updates derived from satellite information obtained during each usable satellite pass; and

(3) A continual tracking integrated complementary system that provides automatically, in between satellite passes, position updates at intervals of one minute or less.

(e) Each satellite navigation receiver installed before June 1, 1982, that meets paragraphs (d) (1) and (2), of this section must meet paragraph (d)(3) of this section on June 1, 1985.

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

[CGD 77-168, 45 FR 2027, Jan. 10, 1980]

§ 164.53 Deviations from rules and reporting: Non-operating equipment.

(a) If during a voyage any equipment required by this part stops operating properly, the person directing the movement of the vessel may complete the voyage subject to the requirements in Part 160 of this chapter.

(b) If the vessel's radar, radio navigation receivers, gyrocompass, echo depth sounding device, or primary steering gear stops operating properly, the person directing the movement of the vessel must report or cause to be reported that it is not operating properly to the nearest Captain of the Port, District Commander, or, if parEticipating in a Vessel Traffic Service, to the Vessel Traffic Center, as soon as possible.

(Sec. 2, Pub. L. 95-474, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 1.46(n)(4) Sec. 2, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 1.46(n)4) [CGD 74-77, 42 FR 5956, Jan. 31, 1977]

NOTE: For amendments to § 164.53, see the List of CFR Sections Affected in the Finding Aids section in the back of this volume.

EFFECTIVE DATE NOTE: At 45 FR 2028, Jan. 10, 1980, paragraph (b) of § 164.53 was amended by adding the words "radio navigation receivers," between the words "radar," and "gyrocompass". For the effective date of this amendment see the EFFECTIVE DATE NOTE to § 164.41.

The authorization may be issued for vessels operating in the waters under the jurisdiction of the Captain of the Port for any continuing operation or period of time the Captain of the Port specifies.

§ 164.61 Marine casualty reporting and record retention.

When a vessel is involved in a marine casualty as defined in 46 CFR 4.03-1, the master or person in charge of the vessel shall

(a) Ensure compliance with 46 CFR Subpart 4.05, "Notice of Marine Casualty and Voyage Records;" and

(b) Ensure that the voyage records required by 46 CFR 4.05-15 are retained for

(1) 30 days after the casualty if the vessel remains in the navigable waters of the United States; or

(2) 30 days after the return of the vessel to a United States port if the vessel departs the navigable waters of the United States within 30 days after the marine casualty.

165.510 Cove Point, Chesapeake Bay, Md. 165.801 Mississippi River Gulf Outlet. 165.902 Niagara River at Niagara Falls, N.Y. 165.1101 San Diego Bay, Calif. 165.1107 Queensway Bay, Long Beach, Calif.

165.1108 San Pedro Bay, Los Angeles, Calif.

165.1701 Port Valdez, Valdez, Alaska.

AUTHORITY: 86 Stat. 427 (33 U.S.C. 1224); 49 CFR 1.46(n)(4), unless otherwise noted. SOURCE: CGD 75-205, 42 FR 63368, Dec. 15, 1977, unless otherwise noted.

§ 165.15 Application procedures.

(a) Any person may request that the Captain of the Port or the District Commander establish a safety zone. Except as provided in paragraph (b) of this section, the request must be in writing. Each request must include the following:

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

(2) The location and boundaries of the safety zone.

(3) The date, time, and duration of the safety zone.

(4) Description of activities within the safety zone.

(5) The reason for the request.

(b) If for good cause the request for the safety zone is made less than 5 working days before the zone is re

quested to be established, the request may be made orally, but it must be followed by a written request within 24 hours after the oral request.

NOTE: The procedures used by the Captain of the Port to notify persons of the establishment of a safety zone vary depending on circumstances and emergency conditions.

Notification of the establishment of a safety zone may be by marine broadcasts, local notice to mariners, local news media, distribution in leaflet form, on-scene oral notice or publication in the FEDERAL REGISTER. Notification normally contains the physical boundaries of the zone, the reasons for the safety zone, estimated duration of the zone, and the method of obtaining authorization to the enter the safety zone.

Notification of the termination of a safety zone is usually made in the same form as the notification of the establishment of a zone.

§ 165.20 General regulations.

Unless otherwise provided in this part, (a) No person may enter a safety zone unless authorized by the Captain of the Port or the Distict Commander.

(b) No person may bring or cause to be brought into a safety zone any vehicle, vessel, or object unless authorized by the Captain of the Port or the District Commander;

(c) No person may remain in a safety zone or allow any vehicle, vessel, or object to remain in a safety zone unless authorized by the Captain of the Port or the District Commander; and

(d) Each person in a safety zone who has notice of a lawful order or direction shall obey the order or direction of the Captain of the Port, District Commander, or his authorized representative issued to carry out the purposes of this part.

§ 165.25 Appeals.

(a) Any person directly affected by the establishment of a safety zone or an order or direction issued under this part may request reconsideration of the establishment, order, or direction by the official who established the safety zone or issued the order or direction and may appeal through the Captain of the Port to the District Commander and then to the Commandant, whose decision shall be final.

(b) Requests for reconsideration and appeals may be written or oral, but if oral must be followed by no less than a written outline of the key points made. The Coast Guard official to whom the request or appeal is made will provide a written decision if requested.

(c) While any request or appeal is pending, the safety zone, order, or direction remains in effect.

§ 165.211 Upper Mississippi River, Mile 633.7 to 636.7.

(a) Safety Zone. All the waters of the Upper Mississippi River from Mile 633.7 to 636.7, including the Marquette-Joliet Highway 18 Bridge at Mile 634.7 are a Safety Zone.

(b) Special Regulations. (1) All tows transporting petroleum and hazardous materials as listed in 46 CFR Table 151.01-10(b) and 46 CFR 151.01-10(d) must comply with the following regulations when transiting within the Safety Zone.

(i) All such towboats and barges shall be inspected by the person-incharge of the towboat prior to entry into the zone to ensure cargo integrity, and that all equipment affecting vessel safety, propulsion, and control is operating properly.

(ii) No person shall navigate such tow within the Safety Zone during adverse weather (severe thunderstorms, tornado warnings, etc.) or adverse river conditions (high flow rates, floods, etc.).

(iii) All tows containing loaded anhydrous ammonia barges shall, in addition to the above:

(a) Notify Coast Guard authority at (612) 725-7453 or (314) 425-4614 at least twenty-four (24) hours in advance of the estimated time of arrival at the Marquette-Joliet Highway 18 bridge.

(b) Contact Coast Guard authority on channel 16, VHF-FM and receive positive clearance from said authority prior to entering the safety zone.

(c) Be limited to no more than three barges, in a one barge wide configuration.

(d) Transit the safety zone during daylight hours only.

(2) Coast Guard on scene authority may issue verbal orders via channels

13 and 16, VHF-FM to limit traffic to one way in the safety zone during those times a tow containing a loaded anhydrous ammonia barge is transiting the zone. All vessels shall comply with such orders.

[CGD 2-81-01, 46 FR 26056, May 11, 1981]

§ 165.319 Arthur Kill, N.Y.

The waters of the Arthur Kill, New York, extending south of Port Reading Reach to the Staten Island shoreline 12 (LLN 1758) to Buoy 18 (LLN 1763) are established as a Safety Zone from 6:00 a.m. E.S.T. on 12 March 1981 to 6:00 p.m. E.D.S.T. on 30 June 1981.

(92 Stat. 1471, (33 U.S.C. 1225 & 1231); 49 CFR 1.46(n)(4))

[CGD 3-81-02-R-1, 46 FR 20551, Apr. 6, 1981]

Subpart B-List of Safety Zones

§ 165.510 Cove Point, Chesapeake Bay, Md.

(a) The waters and waterfront facilities located within the following boundary constitute a safety zone effective when an LNG carrier is maneuvering in the vicinity of the Cove Point terminal and when a moored LNG carrier indicates its intention to get underway: A line beginning at a point one-half mile NW of the end of the north pier of the Columbia LNG facility at Cove Point, Maryland, located at 38°24′43′′ N latitude, 76°23′32′′ W longitude; thence 056°T to a point 2800 yards offshore at 38°24′59′′ N latitude, 76°23′01′′ W longitude; thence 146°T to a point located 2300 yards offshore at 38°23′52′′ N latitude, 76°22′03′′ W longitude; thence 236°T to a point one-half mile SE of the end of the south pier of the Columbia LNG facility at Cove Point, Maryland, located 38°23'39" N latitude, 76°22′35′′ W longitude; thence northwesterly to the point of origin and the area within 50 yards on the shore side of the Columbia LNG Corporation offshore terminal.

(b) The waters and waterfront facilities located within the following boundary constitute a safety zone when a LNG carrier is moored at the Columbia LNG offshore terminal; an