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.

§ 165.760 Security Zones; Port of Palm Beach, Port Everglades, and Port of Miami, Florida. ( a ) *Definitions.* ( 1 ) As used in this section, *passenger vessel* is a vessel greater than 100 feet in length and over 100 gross tons that is authorized to carry more than 12 passengers for hire making voyages lasting more than 24 hours, except for a ferry.
( 2 ) As used in this section, a *vessel carrying cargoes of particular hazard* is defined in 33 CFR part 126 and a *vessel carrying liquefied hazardous gas (LHG)* is defined in 33 CFR part 127.
( b ) *Locations.* The following areas are security zones (all coordinates are North American Datum 1983): ( 1 ) *Fixed and moving security zones around vessels in the Port of Palm Beach, Port Everglades, and Port of Miami, Florida.* Moving security zones are established 100 yards around all passenger vessels, vessels carrying cargoes of particular hazard, or vessels carrying liquefied hazardous gas (LHG) during transits entering or departing the Port of Palm Beach, Port Everglades, or Port of Miami. These moving security zones are activated when the subject vessel passes: Lake Worth Lighted Buoy LW, at approximate position 26°46′22′′ N, 80°00′37′′ W, when entering the Port of Palm Beach; passes Port Everglades Lighted Buoy PE, at approximate position 26°05′30′′ N, 080°04′46′′ W, when entering Port Everglades; and passes Miami Lighted Buoy M, at approximate position 25°46′05′′ N, 080°05′01′′ W, when entering Port of Miami. These moving security zones remain active whenever a passenger vessel, vessels carrying cargoes of particular hazard, or vessels carrying LHG is underway westward of the above mentioned buoys. Fixed security zones are established 100 yards around all passenger vessels, vessels carrying cargoes of particular hazard, or vessels carrying LHG, while the vessel is moored in the Port of Palm Beach, Port Everglades, or Port of Miami, Florida. Persons and vessels may pass within 100 yards of a moored passenger vessel, vessel carrying cargoes of particular hazard, or vessel carrying LHG that is moored within or alongside a Federal channel as long as the passage occurs outside of the on scene law enforcement vessel. Persons and vessels shall pass north of the on scene law enforcement vessel when north of the Port of Miami, south of the on scene law enforcement vessel when south of the Port of Miami and east of the on scene law enforcement vessel in Port Everglades.
( 2 ) *Fixed security zone in Port of Miami, Florida.* A fixed security zone encompasses all waters between Watson Park and Star Island from the MacArthur Causeway south to Port of Miami. The western boundary is formed by an imaginary line from points 25°46′45′′ N, 080°10′52′′ W, northwest to 25°46′46′′ N, 080°10′54′′ W, northeast to 25°46′53′′ N, 080°10′50′′ W, and extending northeast ending at Watson Island at 25°47′00′′ N, 080°10′40′′ W. The eastern boundary is formed by an imaginary line approximately 100 yards west of the Fisher Island Ferry terminal, in approximate position 25°46′20′′ N, 080°09′07′′ W, extending southwest across the Main Channel to Port of Miami, at 25°46′16′′ N, 080°09′11′′ W. The fixed security zone is in effect when two or more passenger vessels, vessels carrying cargoes of particular hazard, or vessels carrying LHG, enter or moor within this zone. ( i ) When the security zone is in effect, persons and vessels shall not enter or transit the security zone along the Miami Main Channel unless authorized by Captain of the Port of Miami or a designated representative.
( ii ) Persons and vessels may transit the Miami Main Channel when only one passenger vessel, one vessel carrying cargoes of particular hazard or one vessel carrying LHG is berthed.
( iii ) Law enforcement vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz).
( 3 ) *Fixed security zones in Port Everglades.* A fixed security zone encompasses Mid-Port to North-Port in Port Everglades and includes all waters west of an imaginary line starting at the southernmost point 26°05′24′′ N, 080°06′57′′ W, on the northern tip of Berth 22, to the northernmost point 26°06′01′′ N, 080°07′09′′ W, near the west side of the 17th Street Bridge and then move west to the northwestern most point at 26°06′01′′ N, 080°07′10′′ W. An additional fixed security zone encompasses the waters west of the Intracoastal Waterway to the pier face of Port Everglades from Mid-Port south to the northern tip of the Dania Cut-Off Canal and includes the waters westward of the line connecting the following points to the pier face of Port Everglades: Starting at 26°05′25′′ N, 080°06′58′′ W, on the northern tip of Berth 22 at Mid-Port, to a point directly east along the Intracoastal Waterway, 26°05′25′′ N, 080°06′54′′ W, then southeast along the Intracoastal Waterway to 26°05′10′′ N, 080°06′49′′ W, then southwest along the Intracoastal Waterway to 26°04′43′′ N, 080°06′53′′ W, then south along the Intracoastal Waterway to 26°03′54′′ N, 080°06′52′′ W, and then west to the Port Everglades pier face just north of the Dania Cut-Off Canal at 26°03′54′′ N, 080°06′55′′ W. ( i ) Persons and vessels may transit the Intracoastal Waterway; however, persons and vessels are not authorized to enter the fixed security zone westward of the Intracoastal Waterway without authorization from Captain of the Port Miami or a designated representative. On occasion, a passenger vessel, vessel carrying cargoes of particular hazard, or vessel carrying LHG may moor and encroach into the Intracoastal Waterway. When this occurs, persons and vessels shall transit the Intracoastal Waterway east of the on scene law enforcement vessel.
( ii ) Periodically, vessels may be required to temporarily hold their positions while large commercial traffic operates in this area. Vessels near the security zone must follow the orders of the Captain of the Port or the designated representative.
( iii ) Law enforcement vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz).
( c ) *Regulations.* ( 1 ) Prior to commencing any movement, the person directing the movement of a passenger vessel, a vessel carrying cargoes of particular hazard, or a vessel carrying LHG is encouraged to make a security broadcast on VHF Marine Band Radio Channel 16 (156.8 MHz) to advise mariners of the moving security zone activation and intended transit.
( 2 ) In accordance with the general regulations § 165.33, entry into these zones is prohibited, except as authorized by the Captain of the Port of Miami or a designated representative. Vessels such as pilot boats, tug boats, and contracted security vessels may assist the Coast Guard Captain of the Port by monitoring these zones strictly to advise mariners of the restrictions. The Captain of the Port will notify the public of the security zone via signs or by Marine Safety Radio Broadcasts on VHF Marine Band Radio Channel 16 (156.8 MHz) when applicable.
( 3 ) Persons and vessels desiring to enter or transit the fixed or moving security zones may contact the Captain of the Port Miami at (305) 535-4472 or on VHF Marine Band Radio Channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or the designated representative.
( 4 ) The Captain of the Port Miami may waive any of the requirements of this section for any vessel upon finding that the vessel or class of vessel, operational conditions, or other circumstances are such that application of this section is unnecessary or impractical for the purpose of port security, safety, or environmental safety.
[USCG-2018-0007, 84 FR 33170, July 12, 2019]