#### § 110.170 Cape Fear, NC.

(a) *The anchorage grounds.* All coordinates in this section are based on the World Geodetic System (WGS 84).

(1) *Anchorage A.* The corner coordinates of the anchorage are:

| Latitude | Longitude |
| --- | --- |
| 33°47′59.09′′ N | 78°14′58.67′′ W |
| 33°47′59.09′′ N | 78°06′24.74′′ W |
| 33°46′01.22′′ N | 78°06′24.74′′ W |
| 33°46′01.22′′ N | 78°14′58.67′′ W |

Table 1 to Paragraph (a)(1)

(2) *Anchorage B.* Explosives Anchorage. The corner coordinates of the anchorage follow:

| Latitude | Longitude |
| --- | --- |
| 33°47′59.09′′ N | 78°17′14.00′′ W |
| 33°47′59.09′′ N | 78°14′58.67′′ W |
| 33°46′01.22′′ N | 78°14′58.67′′ W |
| 33°46′01.22′′ N | 78°17′14.00′′ W |

Table 2 to Paragraph (a)(2)

(b) *Definitions.* As used in this section—

*Cargoes of particular hazard* means “cargo of particular hazard” as defined in § 126.3 of this title.

*Class 1 (explosive) materials* means Division 1.1, 1.2, 1.3, and 1.4 explosives, as defined in 49 CFR 173.50.

*Dangerous cargo* means “certain dangerous cargo” as defined in § 160.204 of this title.

*U.S. naval vessel* means any vessel owner, operated, chartered, or leased by the U.S. Navy; and any vessel under the operational control of the U.S. Navy or Combatant Command.

(c) *General regulations.*

(1) Vessels in the Atlantic Ocean near Cape Fear River Inlet awaiting berthing space within the Port of Wilmington shall only anchor within the anchorage grounds defined and established in paragraph (a) of this section, except in cases of emergency.

(2) Vessels anchoring under circumstances of emergency outside the anchorage areas shall be shifted to new positions within the anchorage grounds immediately after the emergency ceases.

(3) Vessels may anchor anywhere within the anchorage grounds provided such anchoring does not interfere with the operations of any other vessel at anchorage; except a vessel may not anchor within 1,500 yards of a vessel carrying or handling dangerous cargoes, cargoes of a particular hazard, or Class 1 (explosive) materials. Vessels shall lie at anchor with as short of a chain or cable as conditions permit.

(4) Prior to entering the anchorage grounds, all vessels must notify the Coast Guard Captain of the Port Sector North Carolina (COTP) via VHF-FM channel 16.

(5) No vessel may anchor within the anchorage grounds for more than 72 hours without the prior approval of the COTP. To obtain this approval, contact the COTP via VHF-FM channel 16.

(6) The COTP may close the anchorage grounds and direct vessels to depart the anchorage during periods of severe weather or at other times as deemed necessary in the interest of port safety or security.

(7) The COTP may prescribe specific conditions for vessels anchoring within the anchorage grounds, including but not limited to, the number and location of anchors, scope of chain, readiness of engineering plant and equipment, usage of tugs, and requirements for maintaining communications guards on selected radio frequencies.

(d) *Regulations for vessels handling or carrying dangerous cargoes, cargoes of a particular hazard, or Class 1 (explosive) materials.* This paragraph applies to every vessel, except U.S. naval vessels, handling or carrying dangerous cargoes, cargoes of a particular hazard, or Class 1 (explosive) materials.

(1) Unless otherwise directed by the Captain of the Port, each commercial vessel handling or carrying dangerous cargoes, cargoes of a particular hazard, or Class 1 (explosive) materials must be anchored within Anchorage B of paragraph (a)(2) of this section.

(2) Vessels requiring the use of Anchorage B of paragraph (a)(2) of this section must display by day a red flag (Bravo flag) in a prominent location and by night a fixed red light. In lieu of a fixed red light, by night a red flag may be illuminated by spotlight.

[USCG-2020-0216, 87 FR 36768, June 21, 2022]