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33 C.F.R. § 150.915   How are safety zones, no anchoring areas, and areas to be avoided established and modified?

Title 33 - Navigation and Navigable Waters

Title 33: Navigation and Navigable Waters
PART 150—DEEPWATER PORTS: OPERATIONS
Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided

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§ 150.915   How are safety zones, no anchoring areas, and areas to be avoided established and modified?

(a) Safety zones, no anchoring areas, and areas to be avoided are developed and designated during the application process for a deepwater port license and may be modified according to this section.

(b) Before a safety zone, no anchoring area, and area to be avoided is established, all factors detrimental to safety, including the congestion of vessels, the presence of unusually harmful or hazardous substances, and the presence of obstructions around the site of the deepwater port, are considered.

(c) Commandant (G-M) shall establish safety zones and develop no anchoring areas and areas to be avoided for presentation to the International Maritime Organization (IMO) for approval. Commandant (G-M) may consult with the District Commander prior to establishing safety zones. Once established, the District Commander may request that Commandant (G-M) modify an existing safety zone. The Commandant (G-M) may then publish a final rule modifying the zone and area in its regulations. Routing measures requiring approval by the International Maritime Organization in order to be effective will be effective only after such approval is granted and such approval is announced by subsequent notice in the Federal Register.

(d) When there is an imminent threat to the safety of life and property within the zone and area, the District Commander may modify the safety zone and its regulations in an interim rule without first requesting that Commandant (G-M) publish a notice of proposed rulemaking. The interim rule makes the safety zone, no anchoring area, and area to be avoided and the regulations thereto effective on publication in the Federal Register, provided those routing measures requiring approval at the International Maritime Organization have received that approval, and requests public comments. After considering the comments received, the Commandant (G-M), after consulting with the District Commander, shall publish a final rule, which may adopt the interim rule with or without changes or remove it.

(e) If required by circumstances, safety zones and areas to be avoided may be placed into effect immediately but must be followed promptly by the procedures in paragraph (d) of this section.

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