33 C.F.R. § 109.10

Special anchorage areas

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An Act of Congress of April 22, 1940, provides for the designation of special anchorage areas wherein vessels not more than sixty-five feet in length, when at anchor, will not be required to carry or exhibit anchorage lights. Such designation is to be made after investigation, by rule, regulation, or order, the procedure for which will be similar to that followed for anchorage grounds under section 7 of the Rivers and Harbors Act of March 4, 1915, as referred to in § 109.05. The areas so designated should be well removed from the fairways and located where general navigation will not endanger or be endangered by unlighted vessels. The authority to designate special anchorage areas was transferred to and vested in the Secretary of Homeland Security by section 902(j) of the Coast Guard and Maritime Transportation Act of 2006 (Pub. L. 109-241, 120 Stat 516), and delegated to the Commandant of the U.S. Coast Guard in Department of Homeland Security Delegation No. 0170.1. The Commandant redelegated the authority to establish anchorage grounds to each Coast Guard District Commander as provided in 33 CFR 1.05-1(e)(1)(i).

[USCG-2007-27887, 72 FR 45902, Aug. 16, 2007]

Notes of Decisions

Cited in 2 cases, 1991–1993 · leading case: Richard Beveridge Peter Murray Gregory Davis Peter Eastman v. Steven H. Lewis City of Santa Barbara, 939 F.2d 859 (9th Cir. 1991).

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Richard Beveridge Peter Murray Gregory Davis Peter Eastman v. Steven H. Lewis City of Santa Barbara, 939 F.2d 859 (9th Cir. 1991). “First, 33 C.F.R. § 109.10 states that an act of Congress “provides for the designation of special anchorage areas wherein vessels not more than sixty-five feet in length, when at anchor, will not be required to carry or exhibit anchorage lights.”

Hawaiian Navigable Waters Pres. Soc'y v. Hawaii, 823 F. Supp. 766 (D. Haw. 1993). “First *773 33 C.F.R. § 109.10 states that an act of Congress “provides for the designation of special anchorage areas wherein vessels not more that sixty-five feet in length, when at anchor, will not be required to carry or exhibit anchorage lights.”

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