C.F.R.
»
Title 33
» CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER P—PORTS AND WATERWAYS SAFETY › PART 160—PORTS AND WATERWAYS SAFETY—GENERAL › Subpart C—Notification of Arrival, Hazardous Conditions, and Certain Dangerous Cargoes
(a) This subpart applies to the following vessels that are bound for or departing from ports or places within the navigable waters of the United States, as defined in 33 CFR 2.36(a), which includes internal waters and the territorial seas of the United States, and any deepwater port as defined in 33 CFR 148.5:
(1) U.S. vessels in commercial service, and
(2) All foreign vessels.
(b) Unless otherwise specified in this subpart, the owner, agent, master, operator, or person in charge of a vessel regulated by this subpart is responsible for compliance with the requirements in this subpart.
(c) Towing vessels controlling a barge or barges required to submit an NOA under this subpart must submit only one NOA containing the information required for the towing vessel and each barge under its control.
[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG-2004-19963, 70 FR 74669, Dec. 16, 2005. Redesignated and amended at 80 FR 5330, 5331, Jan. 30, 2015]
Notes of Decisions
Chronos Shipping v. United States Coast Guard, 957 F. Supp. 667 (E.D. Pa. 1997).
“33 C.F.R. § 160.203 defines “hazardous condition” as any condition that may adversely affect (1) the safety of any vessel, bridge, structure, or shore area or (2) the environmental quality of any port, harbor, or navigable waterway of the United States.”
United States v. Rivera, 942 F. Supp. 732 (D.P.R. 1996).
“33 C.F.R. § 160.203 (1994). In the case before the Court, there is not sufficient evidence to establish beyond a reasonable doubt that Rivera willfully and knowingly failed to notify the Captain of the Port of the hazardous condition.”
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