Editorial Note on Part 165
Editorial Note: Nomenclature changes to part 165 appear by USCG-2006-25556, 72 FR 36328, 36329, July 2, 2007 and by USCG-2018-1049, 84 FR 7813, Mar. 5, 2019.

§ 165.122 Regulated Navigation Area: Navigable waters within Narragansett Bay and the Providence River, Rhode Island. ( a ) *Description of the regulated navigation area (RNA).* The Regulated Navigation Area (RNA) encompasses all of the navigable waters of Narragansett Bay north of the COLREGS demarcation line and west of the Mt. Hope Bridge, and all of the navigable waters of the Providence River from Conimicut Point to the Providence hurricane barrier.
( b ) *Regulations.* ( 1 ) All commercial vessels must: ( i ) Maintain a minimum 10% of the vessel's draft as an under-keel clearance when not assisted by tugs, or when not moored at an assigned berth. Under-keel clearance is the minimum clearance available between the deepest point on the vessel and the bottom of the waterway, in calm water.
( ii ) Have at least one mile of visibility to transit the Providence River between 41°43′01.4′′ N; 071°20′41.7′′ W (Conimicut Light (LLNR 18305)) and 41°47′38.8′′ N; 071°22′46.7′′ W (Channel Light 42 (LLNR 18580)).
( 2 ) Vessels over 65 feet in length inbound for berths in the Providence River are required to make Safety Signal (SECURITE) calls on both VHF channels 13 and 16 at the following geographic locations: ( i ) Pilot Boarding Area;
( ii ) Abeam of Castle Hill;
( iii ) Abeam of Sandy Point;
( iv ) Abeam of 41°43′01.4′′ N; 071°20′41.7′′ W (Conimicut Light (LLNR 18305));
( v ) Abeam of Sabin Point; and
( vi ) Upon mooring.
( 3 ) Vessels over 65 feet in length inbound for berths in Mount Hope Bay or in the Taunton River are required to make SECURITE calls on both VHF channels 13 and 16 at the following geographic locations: ( i ) Pilot Boarding Area;
( ii ) Abeam of Castle Hill;
( iii ) Abeam of Sandy Point; and
( iv ) At position 41°39′32.4′′ N;071°14′ 02.6′′ W (Mount Hope Bay Junction Lighted Gong Buoy “MH” (LLNR 18790)).
( 4 ) Vessels over 65 feet in length outbound for sea down the Providence River Channel shall make SECURITE calls on VHF channels 13 and 16 at the following geographic locations: ( i ) One-half hour prior to departure from the berth;
( ii ) At departure from the berth;
( iii ) Abeam of Sabin Point;
( iv ) Abeam of Gaspee Point; and
( v ) Abeam of position 41°43′01.4′′ N; 071°20′41.7′′ W (Conimicut Light (LLNR 18305)).
( 5 ) Vessels over 65 feet in length outbound for sea down from Mount Hope Bay through Narragansett Bay are required to make SECURITE calls on VHF channels 13 and 16 at the following geographic locations: ( i ) One-half hour prior to departure from the berth;
( ii ) At departure from the berth; and
( iii ) At position 41°39′32.4′′ N;071°14′ 02.6′′ W (Mount Hope Bay Junction Lighted Gong Buoy “MH” (LLNR 18790)).
( 6 ) Vessels 65 feet and under in length, and all recreational vessels, when meeting deep draft commercial vessel traffic in all locations within this RNA shall keep out of the way of the oncoming deep draft commercial vessel. Nothing in this regulation, however, relieves a vessel of any duty prescribed in the Inland Navigation Rules (33 CFR subchapter E).
( 7 ) The Captain of the Port (COTP) Southeastern New England may authorize a deviation from these regulations. Parties wishing to request a deviation must do so in advance by contacting the COTP Southeastern New England, at 508-457-3211, or via VHF Channel 13 (156.7 MHz), or VHF channel 16 (156.8 MHz). Any person or vessel receiving permission from the COTP to deviate from these regulations must comply with any specific instructions provided by the COTP.
( c ) *Enforcement.* Violations of this RNA should be reported to the COTP Southeastern New England at 508-457-3211. Persons found in violation of these regulations may be subject to civil or criminal penalties as provided for in 46 U.S.C. 70036.
[USCG-2009-0143, 75 FR 15347, Mar. 29, 2010, as amended by USCG-2014-0410, 79 FR 38442, July 7, 2014; USCG-2015-0433, 80 FR 44283, July 27, 2015]