
[Federal Register: April 15, 2010 (Volume 75, Number 72)]
[Rules and Regulations]
[Page 19544-19555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap10-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 83

[Docket No. USCG-2009-0948]
RIN 1625-AB43


Inland Navigation Rules

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: By this final rule, the Coast Guard is placing the Inland
Navigation Rules into the Code of Federal Regulations. This move is in
accordance with the Coast Guard and Maritime Transportation Act of
2004, which repeals the Inland Navigation Rules as of the effective
date of these regulations. Future updates of the Inland Navigation
Rules will be accomplished through rulemaking rather than legislation.

DATES: This final rule is effective May 17, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2009-0948 and are available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2009-0948 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lieutenant Scott Medeiros, Office of Vessel Activities
(CG-54133), telephone (202) 372-1565, e-mail Scott.R.Medeiros@uscg.mil.
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis and Purpose
III. Discussion of Rule
IV. Regulatory Analyses
    A. Administrative Procedure Act
    B. Regulatory Planning and Review (Executive Order 12866)
    C. Small Entities
    D. Assistance for Small Entities
    E. Collection of Information
    F. Federalism
    G. Unfunded Mandates Reform Act
    H. Taking of Private Property
    I. Civil Justice Reform
    J. Protection of Children
    K. Indian Tribal Governments
    L. Energy Effects
    M. Technical Standards
    N. Environment

I. Abbreviations

DHS Department of Homeland Security
CFR Code of Federal Regulations
NPRM Notice of proposed rulemaking
U.S.C. United States Code

II. Basis and Purpose

    In section 303 of the Coast Guard and Maritime Transportation
Authorization Act of 2004 (Pub. L. 108-293), Congress repealed Section
2 of the Inland Navigation Rules Act of 1980, found in sections 2001-
2038 of Title 33 of the United States Code. These sections contain
requirements for all vessels navigating on U.S. inland waters and
include rules for:
     Navigation lights;
     Day shapes;
     Whistle signals;
     Conduct of vessels in restricted visibility; and
     Conduct of vessels in sight of each other.
    These regulations are commonly known as the ``inland rules of the
road.''
    Congress also amended Section 3 of the Inland Navigation Rules Act
of 1980 to grant the Secretary of Homeland Security authority to issue
inland navigation regulations. In doing so, Congress specified that
repeal of Section 2 (the inland navigation rules then in effect) would
not be effective until the effective date of regulations for the inland
navigation rules. This guaranteed there would be no gap in application
of the inland navigation rules between being removed from the United
States Code and being added to the Code of Federal Regulations (CFR).
    The Secretary of Homeland Security has delegated authority to
develop and enforce navigation safety regulations to the Commandant of
the Coast Guard through Department of Homeland Security Delegation
0170.1, Delegation to the Commandant of the Coast Guard. The Coast
Guard has decided to use the authority granted by Congress and
delegated by the Secretary to move the inland navigation rules to a new
Part 83 of Title 33, Code of Federal Regulations. This is the most
logical place for the inland navigation rules, as 33 CFR parts 84
through 90 also contain requirements for inland navigation rules as
shown in table 1. Moving the main body of the inland navigation rules
to a new part 83 is consistent with the intent of Congress and puts all
of the inland navigation rules in one place in the Code of Federal
Regulations.

           Table 1--Existing Inland Navigation Rules in 33 CFR
------------------------------------------------------------------------

------------------------------------------------------------------------
33 CFR part 84....................  Annex I: Positioning and technical
                                     details of lights and shapes.
33 CFR part 85....................  Annex II: Additional signals for
                                     fishing vessels fishing in close
                                     proximity.
33 CFR part 86....................  Annex III: Technical details of
                                     sound and signal appliances.
33 CFR part 87....................  Annex IV: Distress signals.
33 CFR part 88....................  Annex V: Pilot rules.
33 CFR part 89....................  Inland navigation rules:
                                     Implementing rules.
33 CFR part 90....................  Inland rules: Interpretive rules.
------------------------------------------------------------------------


[[Page 19545]]

    In addition to having all of the inland navigation rules in one
location, moving the inland navigation rules from the United States
Code to the CFR will make it easier for the Coast Guard to update or
revise the rules, and improve the public's opportunity for input
regarding changes to the rules. Future updates to the inland navigation
rules will be accomplished through rulemaking rather than legislation,
and interested persons will be able to participate as required by law
through the notice and comment process.

III. Discussion of Rule

    Through this final rule, the Coast Guard moves the inland
navigation rules in their entirety from 33 U.S.C. 2001-2038 to new 33
CFR part 83, Inland Navigation Rules.
    Although the substance of the Inland Navigation Rules has not
changed, a number of conforming changes were made to maintain clarity
in the Final Rule:
    The subparagraphs of each rule were renumbered as necessary to
conform to the CFR standard paragraph structure. To conform to CFR
standard paragraph structure, second-level (level ``(i)'') and third-
level (level ``(1)'') subparagraphs were renumbered to conform to the
CFR standard (now designated as subparagraphs ``(1)'' and ``(i)'',
respectively). For example, Rule 38 paragraph (d)(iv)(2) was renumbered
to become Rule 38 paragraph (d)(4)(ii).
    In Sec.  83.185 Exemptions (Rule 38), paragraphs (a)-(c),
references to ``chapters 3, 4, and 5 of this title'' were changed to
the names of the Acts which were codified in the referenced chapter.
    Also in Sec.  83.185 Exemptions (Rule 38), in paragraph (d),
references to ``the effective date of these Rules'' were changed to
``the effective date of the Inland Navigation Rules Act of 1980 (Pub.
L. 96-591). This change avoids the ambiguous term ``these Rules'' which
in the old text referred to the statute, not the new regulations at 33
CFR part 83, and avoids inadvertently resetting compliance deadlines
for vessels built before the effective date of this final rule.
    Note that most of the statutes referred to in Sec.  83.185
Exemptions (Rule 38) have been repealed. The Coast Guard intends to
address the necessity of maintaining these exemptions through a future
rulemaking.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below, we summarize our
analyses based on 14 of these statutes or executive orders.

A. Administrative Procedure Act

    The Coast Guard did not publish a notice of proposed rulemaking
(NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for not publishing an NPRM.
    Under the Administrative Procedure Act (APA) ``good cause''
exception at 5 U.S.C. 553(b)(B), an agency may dispense with notice and
comment procedures if the agency finds that following these APA
requirements would be ``impracticable, unnecessary, or contrary to the
public interest.'' See Jeffrey L. Lubbers, A Guide to Federal Agency
Rulemaking (4th ed.) 105-109 (2006) for a discussion of agency findings
of good cause in lieu of notice and comment procedures.
    ``Unnecessary'' for the purpose of the good cause exceptions to the
requirements of the APA, refers to ``the issuance of a minor rule in
which the public is not particularly interested.'' United States
Department of Justice, Attorney General's Manual on the Administrative
Procedure Act at 31 (1947). Its use should be ``confined to those
situations in which the administrative rule is a routine determination,
insignificant in nature and impact, and inconsequential to the industry
and to the public.'' Utility Solid Waste Activities Group v. EPA, 236
F.3d 749, 755 (DC Cir. 2001), citing South Carolina v. Block, 558
F.Supp. 1004, 1016 (D.S.C. 1983).
    This rulemaking makes no change to the substance of the Inland
Navigation Rules; the only changes are to which branch of the Federal
government manages the Inland Navigation Rules (the Executive, through
the Department of Homeland Security and the U.S. Coast Guard, instead
of Congress) and where those rules are written (the CFR instead of the
U.S.C.). There will be no impact on the mariner or the public, with the
exception that a mariner who seeks a change in the inland rules will
have the option of requesting a regulatory change under 33 CFR 1.05-20
instead of being required to petition Congress for a legislative
change. The APA's good cause exception thus applies to the notice and
comment requirement, as that requirement is unnecessary for this
rulemaking.

B. Regulatory Planning and Review (Executive Order 12866)

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    By this final rule, the Coast Guard moves the Inland Navigation
Rules in their entirety from Title 33 U.S.C. to Title 33 CFR part 83.
This final rule contains requirements for all vessels navigating on
U.S. inland waters, including commercial, recreational, and government
vessels. We expect no additional costs to the public or industry from
this final rule because all vessels that operate in the United States
are currently required by statute to follow the inland navigation
rules. This rule will not change the current obligations and
responsibilities of mariners.
    This final rule allows the Coast Guard to make more timely changes
to the regulations, easing the burden of revising the rules. In this
case, the Coast Guard would use the rulemaking process rather than
seeking legislation.

C. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
Jones -Payroll No: -Folios: 1032-1034 -Date: 04/13/2010[FEDREG][VOL]*[/
VOL][NO]*[/NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/
AGENCY][SUBJECT]*[/SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]?>
    A Regulatory Flexibility Act (RFA) analysis is not required when
the agency finds good cause that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public interest. The
Coast Guard determined that this rule is exempt from notice and comment
procedures pursuant to 5 U.S.C. 553(b)(B). Therefore, an RFA analysis
is not required for this final rule. See the ``Administrative Procedure
Act'' section of this rule for additional details on this
determination.

D. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult Lieutenant

[[Page 19546]]

Scott Medeiros, Office of Waterways Management by telephone at 202-372-
1565. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

E. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

F. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

G. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more
(adjusted for inflation) in any one year. Though this rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

K. Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

L. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

M. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget (OMB), with an explanation
of why using these standards would be inconsistent with applicable law
or otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

N. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraphs (34)(a) and (34)(i) of the Instruction. This
rule involves regulations which are editorial or procedural, such as
those updating addresses or establishing application procedures, and
also involves regulations in aid of navigation. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 83

    Fishing vessels, Navigation (water), Waterways.

0
For the reasons discussed in the preamble, the Coast Guard adds part 83
to 33 CFR Subchapter E of Chapter I to read as follows:

SUBCHAPTER E--INLAND NAVIGATION RULES

PART 83--RULES

Subpart A--General
Sec.
83.01 Application (Rule 1).
83.02 Responsibility (Rule 2).
83.03 Definitions (Rule 3).
Subpart B--Steering and Sailing Rules

Conduct of Vessels in Any Condition of Visibility

83.04 Application (Rule 4).
83.05 Look-out (Rule 5).
83.06 Safe speed (Rule 6).
83.07 Risk of collision (Rule 7).
83.08 Action to avoid collision (Rule 8).
83.09 Narrow channels (Rule 9).
83.10 Traffic separation schemes (Rule 10).

Conduct of Vessels in Sight of One Another

83.11 Application (Rule 11).
83.12 Sailing vessels (Rule 12).
83.13 Overtaking (Rule 13).
83.14 Head-on situation (Rule 14).
83.15 Crossing situation (Rule 15).
83.16 Action by give-way vessel (Rule 16).
83.17 Action by stand-on vessel (Rule 17).
83.18 Responsibilities between vessels (Rule 18).

Conduct of Vessels in Restricted Visibility

83.19 Conduct of vessels in restricted visibility (Rule 19).
Subpart C--Lights and Shapes
83.20 Application (Rule 20).
83.21 Definitions (Rule 21).
83.22 Visibility of lights (Rule 22).

[[Page 19547]]

83.23 Power-driven vessels underway (Rule 23).
83.24 Towing and pushing (Rule 24).
83.25 Sailing vessels underway and vessels under oars (Rule 25).
83.26 Fishing vessels (Rule 26).
83.27 Vessels not under command or restricted in their ability to
maneuver (Rule 27).
83.28 [Reserved](Rule 28).
83.29 Pilot vessels (Rule 29).
83.30 Anchored vessels and vessels aground (Rule 30).
83.31 Seaplanes (Rule 31).
Subpart D--Sound and Light Signals
83.32 Definitions (Rule 32).
83.33 Equipment for sound signals (Rule 33).
83.34 Maneuvering and warning signals (Rule 34).
83.35 Sound signals in restricted visibility (Rule 35).
83.36 Signals to attract attention (Rule 36).
83.37 Distress signals (Rule 37).
Subpart E--Exemptions
83.38 Exemptions (Rule 38).

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1028 (33 U.S.C.
2001); Department of Homeland Security Delegation No. 0170.1.

Subpart A--General


Sec.  83.01  Application (Rule 1).

    (a) United States inland waters and Canadian waters of the Great
Lakes. These Rules apply to all vessels upon the inland waters of the
United States, and to vessels of the United States on the Canadian
waters of the Great Lakes to the extent that there is no conflict with
Canadian law.
    (b) International Regulations.
    (1) These Rules constitute special rules made by an appropriate
authority within the meaning of Rule 1(b) of the International
Regulations.
    (2) All vessels complying with the construction and equipment
requirements of the International Regulations are considered to be in
compliance with these Rules.
    (c) Special rules. Nothing in these Rules shall interfere with the
operation of any special rules made by the Secretary of the Navy with
respect to additional station or signal lights and shapes or whistle
signals for ships of war and vessels proceeding under convoy, or by the
Secretary with respect to additional station or signal lights and
shapes for fishing vessels engaged in fishing as a fleet. These
additional station or signal lights and shapes or whistle signals
shall, so far as possible, be such that they cannot be mistaken for any
light, shape, or signal authorized elsewhere under these Rules. Notice
of such special rules shall be published in the Federal Register and,
after the effective date specified in such notice, they shall have
effect as if they were a part of these Rules.
    (d) Traffic regulation schemes; vessel traffic service regulations.
Traffic separation schemes may be established for the purpose of these
Rules. Vessel traffic service regulations may be in effect in certain
areas.
    (e) Alternative compliance. Whenever the Secretary determines that
a vessel or class of vessels of special construction or purpose cannot
comply fully with the provisions of any of these Rules with respect to
the number, position, range, or arc of visibility of lights or shapes,
as well as to the disposition and characteristics of sound-signaling
appliances, the vessel shall comply with such other provisions in
regard to the number, position, range, or arc of visibility of lights
or shapes, as well as to the disposition and characteristics of sound-
signaling appliances, as the Secretary shall have determined to be the
closest possible compliance with these Rules. The Secretary may issue a
certificate of alternative compliance for a vessel or class of vessels
specifying the closest possible compliance with these Rules. The
Secretary of the Navy shall make these determinations and issue
certificates of alternative compliance for vessels of the Navy.
    (f) Acceptance of certificates of alternative compliance from
contracting parties to International Regulations. The Secretary may
accept a certificate of alternative compliance issued by a contracting
party to the International Regulations if he determines that the
alternative compliance standards of the contracting party are
substantially the same as those of the United States.


Sec.  83.02  Responsibility (Rule 2).

    (a) Exoneration. Nothing in these Rules shall exonerate any vessel,
or the owner, master, or crew thereof, from the consequences of any
neglect to comply with these Rules or of the neglect of any precaution
which may be required by the ordinary practice of seamen, or by the
special circumstances of the case.
    (b) Departure from rules when necessary to avoid immediate danger.
In construing and complying with these Rules due regard shall be had to
all dangers of navigation and collision and to any special
circumstances, including the limitations of the vessels involved, which
may make a departure from these Rules necessary to avoid immediate
danger.


Sec.  83.03  Definitions (Rule 3).

    For the purpose of these Rules and this chapter, except where the
context otherwise requires:
    (a) Vessel includes every description of water craft, including
nondisplacement craft and seaplanes, used or capable of being used as a
means of transportation on water;
    (b) Power-driven vessel means any vessel propelled by machinery;
    (c) Sailing vessel means any vessel under sail provided that
propelling machinery, if fitted, is not being used;
    (d) Vessel engaged in fishing means any vessel fishing with nets,
lines, trawls, or other fishing apparatus which restricts
maneuverability, but does not include a vessel fishing with trolling
lines or other fishing apparatus which do not restrict maneuverability;
    (e) Seaplane includes any aircraft designed to maneuver on the
water;
    (f) Vessel not under command means a vessel which, through some
exceptional circumstance, is unable to maneuver as required by these
Rules and is therefore unable to keep out of the way of another vessel;
    (g) Vessel restricted in her ability to maneuver means a vessel
which, from the nature of her work, is restricted in her ability to
maneuver as required by these Rules and is therefore unable to keep out
of the way of another vessel; vessels restricted in their ability to
maneuver include, but are not limited to:
    (1) A vessel engaged in laying, servicing, or picking up a
navigation mark, submarine cable, or pipeline;
    (2) A vessel engaged in dredging, surveying, or underwater
operations;
    (3) A vessel engaged in replenishment or transferring persons,
provisions, or cargo while underway;
    (4) A vessel engaged in the launching or recovery of aircraft;
    (5) A vessel engaged in mineclearance operations; and
    (6) A vessel engaged in a towing operation such as severely
restricts the towing vessel and her tow in their ability to deviate
from their course.
    (h) Underway means that a vessel is not at anchor, or
    made fast to the shore, or aground;
    (i) Length and breadth of a vessel mean her length overall and
greatest breadth;
    (j) Vessels shall be deemed to be in sight of one another only when
one can be observed visually from the other;
    (k) Restricted visibility means any condition in which visibility
is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms,
or any other similar causes;
    (l) Western Rivers means the Mississippi River, its tributaries,
South Pass, and Southwest Pass, to the navigational demarcation lines
dividing the high seas from harbors, rivers, and

[[Page 19548]]

other inland waters of the United States, and the Port Allen-Morgan
City Alternate Route, and that part of the Atchafalaya River above its
junction with the Port Allen-Morgan City Alternate Route including the
Old River and the Red River;
    (m) Great Lakes means the Great Lakes and their connecting and
tributary waters including the Calumet River as far as the Thomas J.
O'Brien Lock and Controlling Works (between mile 326 and 327), the
Chicago River as far as the east side of the Ashland Avenue Bridge
(between mile 321 and 322), and the Saint Lawrence River as far east as
the lower exit of Saint Lambert Lock;
    (n) Secretary means the Secretary of the Department in which the
Coast Guard is Operating;
    (o) Inland Waters means the navigable waters of the United States
shoreward of the navigational demarcation lines dividing the high seas
from harbors, rivers, and other inland waters of the United States and
the waters of the Great Lakes on the United States side of the
International Boundary;
    (p) Inland Rules or Rules mean the Inland Navigational Rules and
the annexes thereto, which govern the conduct of vessels and specify
the lights, shapes, and sound signals that apply on inland waters; and
    (q) International Regulations means the International Regulations
for Preventing Collisions at Sea, 1972, including annexes currently in
force for the United States.

Subpart B--Steering and Sailing Rules

Conduct of Vessels in Any Condition of Visibility


Sec.  83.04  Application (Rule 4).

    Rules in this subpart apply in any condition of visibility.


Sec.  83.05  Look-out (Rule 5).

    Every vessel shall at all times maintain a proper look-out by sight
and hearing as well as by all available means appropriate in the
prevailing circumstances and conditions so as to make a full appraisal
of the situation and of the risk of collision.


Sec.  83.06  Safe speed (Rule 6).

    Every vessel shall at all times proceed at a safe speed so that she
can take proper and effective action to avoid collision and be stopped
within a distance appropriate to the prevailing circumstances and
conditions.
    In determining a safe speed the following factors shall be among
those taken into account:
    (a) By all vessels:
    (1) The state of visibility;
    (2) The traffic density including concentration of fishing vessels
or any other vessels;
    (3) The maneuverability of the vessel with special reference to
stopping distance and turning ability in the prevailing conditions;
    (4) At night the presence of background light such as from shores
lights or from back scatter of her own lights;
    (5) The state of wind, sea, and current, and the proximity of
navigational hazards;
    (6) The draft in relation to the available depth of water.
    (b) Additionally, by vessels with operational radar:
    (1) The characteristics, efficiency and limitations of the radar
equipment;
    (2) Any constraints imposed by the radar range scale in use;
    (3) The effect on radar detection of the sea state, weather, and
other sources of interference;
    (4) The possibility that small vessels, ice and other floating
objects may not be detected by radar at an adequate range;
    (5) The number, location, and movement of vessels detected by
radar; and
    (6) The more exact assessment of the visibility that may be
possible when radar is used to determine the range of vessels or other
objects in the vicinity.


Sec.  83.07  Risk of collision (Rule 7).

    (a) Determination if risk exists. Every vessel shall use all
available means appropriate to the prevailing circumstances and
conditions to determine if risk of collision exists. If there is any
doubt such risk shall be deemed to exist.
    (b) Radar. Proper use shall be made of radar equipment if fitted
and operational, including long-range scanning to obtain early warning
of risk of collision and radar plotting or equivalent systematic
observation of detected objects.
    (c) Scanty information. Assumptions shall not be made on the basis
of scanty information, especially scanty radar information.
    (d) Considerations taken into account in determining if risk
exists. In determining if risk of collision exists the following
considerations shall be among those taken into account:
    (1) Such risk shall be deemed to exist if the compass bearing of an
approaching vessel does not appreciably change; and
    (2) Such risk may sometimes exist even when an appreciable bearing
change is evident, particularly when approaching a very large vessel or
a tow or when approaching a vessel at close range.


Sec.  83.08  Action to avoid collision (Rule 8).

    (a) General characteristics of action taken to avoid collision. Any
action taken to avoid collision shall, if the circumstances of the case
admit, be positive, made in ample time and with due regard to the
observance of good seamanship.
    (b) Readily apparent alterations in course or speed. Any alteration
of course or speed to avoid collision shall, if the circumstances of
the case admit, be large enough to be readily apparent to another
vessel observing visually or by radar; a succession of small
alterations of course or speed should be avoided.
    (c) Alteration of course to avoid close-quarters situation. If
there is sufficient sea room, alteration of course alone may be the
most effective action to avoid a close-quarters situation provided that
it is made in good time, is substantial and does not result in another
close-quarters situation.
    (d) Action to result in passing at safe distance. Action taken to
avoid collision with another vessel shall be such as to result in
passing at a safe distance. The effectiveness of the action shall be
carefully checked until the other vessel is finally past and clear.
    (e) Slackening of vessel speed; stopping or reversing means of
propulsion. If necessary to avoid collision or allow more time to
assess the situation, a vessel shall slacken her speed or take all way
off by stopping or reversing her means of propulsion.
    (f) Early action to allow room for safe passage:
    (1) A vessel which, by any of these Rules, is required not to
impede the passage or safe passage of another vessel shall, when
required by the circumstances of the case, take early action to allow
sufficient sea room for the safe passage of the other vessel.
    (2) A vessel required not to impede the passage or safe passage of
another vessel is not relieved of this obligation if approaching the
other vessel so as to involve risk of collision and shall, when taking
action, have full regard to the action which may be required by the
Rules of this part.
    (3) A vessel the passage of which is not to be impeded remains
fully obliged to comply with the Rules of this part when the two
vessels are approaching one another so as to involve risk of collision.


Sec.  83.09  Narrow channels (Rule 9).

    (a) Keeping near to outer limit of channel or fairway which lies on
vessel's starboard side; exception.
    (1) A vessel proceeding along the course of a narrow channel or
fairway

[[Page 19549]]

shall keep as near to the outer limit of the channel or fairway which
lies on her starboard side as is safe and practicable.
    (2) Notwithstanding paragraph (a)(1) and Rule 14(a), a power-driven
vessel operating in narrow channels or fairways on the Great Lakes,
Western Rivers, or waters specified by the Secretary, and proceeding
downbound with a following current shall have the right-of-way over an
upbound vessel, shall propose the manner and place of passage, and
shall initiate the maneuvering signals prescribed by Rule 34(a)(1), as
appropriate. The vessel proceeding upbound against the current shall
hold as necessary to permit safe passing.
    (b) Vessels of less than 20 meters in length; sailing vessels. A
vessel of less than 20 meters in length or a sailing vessel shall not
impede the passage of a vessel that can safely navigate only within a
narrow channel or fairway.
    (c) Vessels engaged in fishing. A vessel engaged in fishing shall
not impede the passage of any other vessel navigating within a narrow
channel or fairway.
    (d) Crossing narrow channels or fairways. A vessel shall not cross
a narrow channel or fairway if such crossing impedes the passage of a
vessel which can safely navigate only within that channel or fairway.
The latter vessel shall use the danger signal prescribed in Rule 34(d)
if in doubt as to the intention of the crossing vessel.
    (e) Overtaking vessels.
    (1) In a narrow channel or fairway when overtaking, the power-
driven vessel intending to overtake another power-driven vessel shall
indicate her intention by sounding the appropriate signal prescribed in
Rule 34(c) and take steps to permit safe passing. The power-driven
vessel being overtaken, if in agreement, shall sound the same signal
and may, if specifically agreed to, take steps to permit safe passing.
If in doubt she shall sound the danger signal prescribed in Rule 34(d).
    (2) This Rule does not relieve the overtaking vessel of her
obligation under Rule 13.
    (f) Areas of obscured visibility due to intervening obstructions. A
vessel nearing a bend or an area of a narrow channel or fairway where
other vessels may be obscured by an intervening obstruction shall
navigate with particular alertness and caution and shall sound the
appropriate signal prescribed in Rule 34(e).
    (g) Avoidance of anchoring in narrow channels. Every vessel shall,
if the circumstances of the case admit, avoid anchoring in a narrow
channel.


Sec.  83.10  Traffic separation schemes (Rule 10).

    (a) Obligations under other Rules unaffected. This Rule applies to
traffic separation schemes and does not relieve any vessel of her
obligation under any other Rule.
    (b) Duties for vessel using scheme. A vessel using a traffic
separation scheme shall:
    (1) Proceed in the appropriate traffic lane in the general
direction of traffic flow for that lane;
    (2) So far as practicable keep clear of a traffic separation line
or separation zone;
    (3) Normally join or leave a traffic lane at the termination of the
lane, but when joining or leaving from either side shall do so at as
small an angle to the general direction of traffic flow as practicable.
    (c) Crossing traffic lanes. A vessel shall, so far as practicable,
avoid crossing traffic lanes but if obliged to do so shall cross on a
heading as nearly as practicable at right angles to the general
direction of traffic flow.
    (d) Use of inshore traffic lane.
    (1) A vessel shall not use an inshore traffic zone when she can
safely use the appropriate traffic lane within the adjacent traffic
separation scheme. However, vessels of less than twenty meters in
length, sailing vessels, and vessels engaged in fishing may use the
inshore traffic zone.
    (2) Notwithstanding subparagraph (d)(1), a vessel may use an
inshore traffic zone when en route to or from a port, offshore
installation or structure, pilot station, or any other place situated
within the inshore traffic zone, or to avoid immediate danger.
    (e) Entering separation zone or crossing separation line. A vessel
other than a crossing vessel or a vessel joining or leaving a lane
shall not normally enter a separation zone or cross a separation line
except:
    (1) In cases of emergency to avoid immediate danger; or
    (2) To engage in fishing within a separation zone.
    (f) Caution in areas near termination of scheme. A vessel
navigating in areas near the terminations of traffic separation schemes
shall do so with particular caution.
    (g) Anchoring. A vessel shall so far as practicable avoid anchoring
in a traffic separation scheme or in areas near its terminations.
    (h) Avoidance of scheme. A vessel not using a traffic separation
scheme shall avoid it by as wide a margin as is practicable.
    (i) Fishing vessels. A vessel engaged in fishing shall not impede
the passage of any vessel following a traffic lane.
    (j) Power-driven vessels. A vessel of less than twenty meters in
length or a sailing vessel shall not impede the safe passage of a
power-driven vessel following a traffic lane.
    (k) Exemption; maintenance of safety of navigation. A vessel
restricted in her ability to maneuver when engaged in an operation for
the maintenance of safety of navigation in a traffic separation scheme
is exempted from complying with this Rule to the extent necessary to
carry out the operation.
    (l) Exemption; laying, servicing, or picking up submarine cable.
    A vessel restricted in her ability to maneuver when engaged in an
operation for the laying, servicing, or picking up of a submarine
cable, within a traffic separation scheme, is exempted from complying
with this Rule to the extent necessary to carry out the operation.

Conduct of Vessels in Sight of One Another


Sec.  83.11  Application (Rule 11).

    Rules in this subpart apply to vessels in sight of one another.


Sec.  83.12  Sailing vessels (Rule 12).

    (a) Keeping out of the way. When two sailing vessels are
approaching one another, so as to involve risk of collision, one of
them shall keep out of the way of the other as follows:
    (1) When each has the wind on a different side, the vessel which
has the wind on the port side shall keep out of the way of the other;
    (2) When both have the wind on the same side, the vessel which is
to windward shall keep out of the way of the vessel which is to
leeward; and
    (3) If a vessel with the wind on the port side sees a vessel to
windward and cannot determine with certainty whether the other vessel
has the wind on the port or on the starboard side, she shall keep out
of the way of the other.
    (b) Windward side. For the purpose of this Rule the windward side
shall be deemed to be the side opposite to that on which the mainsail
is carried or, in the case of a square-rigged vessel, the side opposite
to that on which the largest fore-and-aft sail is carried.


Sec.  83.13  Overtaking (Rule 13).

    (a) Overtaking vessel to keep out of the overtaken vessel's way.
Notwithstanding anything contained in Rules 4 through 18, any vessel
overtaking any other shall keep out of the way of the vessel being
overtaken.
    (b) Overtaking vessel defined. A vessel shall be deemed to be
overtaking when coming up with another vessel from a direction more
than 22.5 degrees abaft her beam; that is, in such a

[[Page 19550]]

position with reference to the vessel she is overtaking, that at night
she would be able to see only the sternlight of that vessel but neither
of her sidelights.
    (c) Assumption that vessel is overtaking another in cases of doubt.
When a vessel is in any doubt as to whether she is overtaking another,
she shall assume that this is the case and act accordingly.
    (d) Overtaking vessel to become crossing vessel only when finally
past and clear. Any subsequent alteration of the bearing between the
two vessels shall not make the overtaking vessel a crossing vessel
within the meaning of these Rules or relieve her of the duty of keeping
clear of the overtaken vessel until she is finally past and clear.


Sec.  83.14  Head-on situation (Rule 14).

    (a) Course alterations to starboard; port side passage. Unless
otherwise agreed, when two power-driven vessels are meeting on
reciprocal or nearly reciprocal courses so as to involve risk of
collision each shall alter her course to starboard so that each shall
pass on the port side of the other.
    (b) Existence of head-on situation. Such a situation shall be
deemed to exist when a vessel sees the other ahead or nearly ahead and
by night she could see the masthead lights of the other in a line or
nearly in a line or both sidelights and by day she observes the
corresponding aspect of the other vessel.
    (c) Assumption that head-on situation exists in cases of doubt.
When a vessel is in any doubt as to whether such a situation exists she
shall assume that it does exist and act accordingly.
    (d) Vessel operating on Great Lakes, Western Rivers, or other
specified waters, and proceeding downbound with following current.
Notwithstanding paragraph (a) of this Rule, a power-driven vessel
operating on the Great Lakes, Western Rivers, or waters specified by
the Secretary, and proceeding downbound with a following current shall
have the right-of-way over an upbound vessel, shall propose the manner
of passage, and shall initiate the maneuvering signals prescribed by
Rule 34(a)(1), as appropriate.


Sec.  83.15  Crossing situation (Rule 15).

    (a) Vessel which must keep out of the other vessel's way. When two
power-driven vessels are crossing so as to involve risk of collision,
the vessel which has the other on her starboard side shall keep out of
the way and shall, if the circumstances of the case admit, avoid
crossing ahead of the other vessel.
    (b) Vessels crossing river. Notwithstanding paragraph (a), on the
Great Lakes, Western Rivers, or water specified by the Secretary, a
power-driven vessel crossing a river shall keep out of the way of a
power-driven vessel ascending or descending the river.


Sec.  83.16  Action by give-way vessel (Rule 16).

    Every vessel which is directed to keep out of the way of another
vessel shall, so far as possible, take early and substantial action to
keep well clear.


Sec.  83.17  Action by stand-on vessel (Rule 17).

    (a) Stand-on vessel to keep course and speed; action allowed when
give-way vessel fails to take appropriate action.
    (1) Where one of two vessels is to keep out of the way, the other
shall keep her course and speed.
    (2) The latter vessel may, however, take action to avoid collision
by her maneuver alone, as soon as it becomes apparent to her that the
vessel required to keep out of the way is not taking appropriate action
in compliance with these Rules.
    (b) Action by stand-on vessel allowed when action by give-way
vessel alone cannot avoid collision. When, from any cause, the vessel
required to keep her course and speed finds herself so close that
collision cannot be avoided by the action of the give-way vessel alone,
she shall take such action as will best aid to avoid collision.
    (c) Crossing situations. A power-driven vessel which takes action
in a crossing situation in accordance with subparagraph (a)(2) of this
Rule to avoid collision with another power-driven vessel shall, if the
circumstances of the case admit, not alter course to port for a vessel
on her own port side.
    (d) Give-way vessel not relieved of obligation to keep out of the
way. This Rule does not relieve the give-way vessel of her obligation
to keep out of the way.


Sec.  83.18  Responsibilities between vessels (Rule 18).

    Except where Rules 9, 10, and 13 otherwise require:
    (a) Power-driven vessels underway. A power-driven vessel underway
shall keep out of the way of:
    (1) A vessel not under command;
    (2) A vessel restricted in her ability to maneuver;
    (3) A vessel engaged in fishing; and
    (4) A sailing vessel.
    (b) Sailing vessels underway. A sailing vessel underway shall keep
out of the way of:
    (1) A vessel not under command;
    (2) A vessel restricted in her ability to maneuver; and
    (3) A vessel engaged in fishing.
    (c) Vessels engaged in fishing when underway. A vessel engaged in
fishing when underway shall, so far as possible, keep out of the way
of:
    (1) A vessel not under command; and
    (2) A vessel restricted in her ability to maneuver.
    (d) Seaplanes on the water. A seaplane on the water shall, in
general, keep well clear of all vessels and avoid impeding their
navigation. In circumstances, however, where risk of collision exists,
she shall comply with the Rules of this part.

Conduct of Vessels in Restricted Visibility


Sec.  83.19  Conduct of vessels in restricted visibility (Rule 19).

    (a) Vessels to which rule applies. This Rule applies to vessels not
in sight of one another when navigating in or near an area of
restricted visibility.
    (b) Safe speed; engines ready for immediate maneuver. Every vessel
shall proceed at a safe speed adapted to the prevailing circumstances
and conditions of restricted visibility. A power-driven vessel shall
have her engines ready for immediate maneuver.
    (c) Due regard to prevailing circumstances and conditions. Every
vessel shall have due regard to the prevailing circumstances and
conditions of restricted visibility when complying with Rules 4 through
10.
    (d) Detection of vessel by radar alone. A vessel which detects by
radar alone the presence of another vessel shall determine if a close-
quarters situation is developing or risk of collision exists. If so,
she shall take avoiding action in ample time, provided that when such
action consists of an alteration of course, so far as possible the
following shall be avoided:
    (1) An alteration of course to port for a vessel forward of the
beam, other than for a vessel being overtaken; and
    (2) An alteration of course toward a vessel abeam or abaft the
beam.
    (e) Reduction of speed to minimum. Except where it has been
determined that a risk of collision does not exist, every vessel which
hears apparently forward of her beam the fog signal of another vessel,
or which cannot avoid a close-quarters situation with another vessel
forward of her beam, shall reduce her speed to the minimum at which she
can be kept on course. She shall if necessary take all her way off and,
in any event, navigate with extreme caution until danger of collision
is over.

[[Page 19551]]

Subpart C--Lights and Shapes


Sec.  83.20  Application (Rule 20).

    (a) Compliance in all weathers. Rules in this part shall be
complied with in all weathers.
    (b) Rules concerning lights complied with from sunset to sunrise;
other lights. The Rules concerning lights shall be complied with from
sunset to sunrise, and during such times no other lights shall be
exhibited, except such lights as cannot be mistaken for the lights
specified in these Rules or do not impair their visibility or
distinctive character, or interfere with the keeping of a proper
lookout.
    (c) Lights during daylight hours in restricted visibility; other
circumstances. The lights prescribed by these Rules shall, if carried,
also be exhibited from sunrise to sunset in restricted visibility and
may be exhibited in all other circumstances when it is deemed
necessary.
    (d) Rules concerning shapes; compliance by day. The Rules
concerning shapes shall be complied with by day.
    (e) Annex. The lights and shapes specified in these Rules shall
comply with the provisions of Annex I of these Rules.


Sec.  83.21  Definitions (Rule 21).

    (a) Masthead light means a white light placed over the fore and aft
centerline of the vessel showing an unbroken light over an arc of the
horizon of 225 degrees and so fixed as to show the light from right
ahead to 22.5 degrees abaft the beam on either side of the vessel,
except that on a vessel of less than 12 meters in length the masthead
light shall be placed as nearly as practicable to the fore and aft
centerline of the vessel.
    (b) Sidelights mean a green light on the starboard side and a red
light on the port side each showing an unbroken light over an arc of
the horizon of 112.5 degrees and so fixed as to show the light from
right ahead to 22.5 degrees abaft the beam on its respective side. On a
vessel of less than 20 meters in length the side lights may be combined
in one lantern carried on the fore and aft centerline of the vessel,
except that on a vessel of less than 12 meters in length the sidelights
when combined in one lantern shall be placed as nearly as practicable
to the fore and aft centerline of the vessel.
    (c) Sternlight means a white light placed as nearly as practicable
at the stern showing an unbroken light over an arc of the horizon of
135 degrees and so fixed as to show the light 67.5 degrees from right
aft on each side of the vessel.
    (d) Towing light means a yellow light having the same
characteristics as the ''sternlight'' defined in paragraph (c) of this
Rule.
    (e) All-round light means a light showing an unbroken light over an
arc of the horizon of 360 degrees.
    (f) Flashing light means a light flashing at regular intervals at a
frequency of 120 flashes or more per minute.
    (g) Special flashing light means a yellow light flashing at regular
intervals at a frequency of 50 to 70 flashes per minute, placed as far
forward and as nearly as practicable on the fore and aft centerline of
the tow and showing an unbroken light over an arc of the horizon of not
less than 180 degrees nor more than 225 degrees and so fixed as to show
the light from right ahead to abeam and no more than 22.5 degrees abaft
the beam on either side of the vessel.


Sec.  83.22  Visibility of lights (Rule 22).

    The lights prescribed in these Rules shall have an intensity as
specified in Annex I to these Rules, so as to be visible at the
following minimum ranges:
    (a) Vessel of 50 meters or more in length. In a vessel of 50 meters
or more in length:
    (1) A masthead light, 6 miles;
    (2) A sidelight, 3 miles;
    (3) A sternlight, 3 miles;
    (4) A towing light, 3 miles;
    (5) A white, red, green or yellow all-round light, 3 miles; and
    (6) A special flashing light, 2 miles.
    (b) Vessels of 12 meters or more in length but less than 50 meters
in length. In a vessel of 12 meters or more in length but less than 50
meters in length:
    (1) A masthead light, 5 miles; except that where the length of the
vessel is less than 20 meters, 3 miles;
    (2) A sidelight, 2 miles;
    (3) A sternlight, 2 miles;
    (4) A towing light, 2 miles;
    (5) A white, red, green or yellow all-round light, 2 miles; and
    (6) A special flashing light, 2 miles.
    (c) Vessels of less than 12 meters in length. In a vessel of less
than 12 meters in length:
    (1) A masthead light, 2 miles;
    (2) A sidelight, 1 mile;
    (3) A sternlight, 2 miles;
    (4) A towing light, 2 miles;
    (5) A white, red, green or yellow all-round light, 2 miles; and
    (6) A special flashing light, 2 miles.
    (d) An inconspicuous, partly submerged vessel or objects being
towed. In an inconspicuous, partly submerged vessel or objects being
towed:
    (1) A white all-round light, 3 miles.


Sec.  83.23  Power-driven vessels underway (Rule 23).

    (a) Lights exhibited by power-driven vessels underway. A power-
driven vessel underway shall exhibit:
    (1) A masthead light forward;
    (2) A second masthead light abaft of and higher than the forward
one; except that a vessel of less than 50 meters in length shall not be
obliged to exhibit such light but may do so;
    (3) Sidelights; and
    (4) A sternlight.
    (b) Air-cushion vessels. An air-cushion vessel when operating in
the nondisplacement mode shall, in addition to the lights prescribed in
paragraph (a) of this Rule, exhibit an all-round flashing yellow light
where it can best be seen.
    (c) Alternative lights for power-driven vessels of less than 12
meters in length. A power-driven vessel of less than 12 meters in
length may, in lieu of the lights prescribed in paragraph (a) of this
Rule, exhibit an all-round white light and sidelights.
    (d) Power-driven vessels when operating on Great Lakes. A power-
driven vessel when operating on the Great Lakes may carry an all-round
white light in lieu of the second masthead light and sternlight
prescribed in paragraph (a) of this Rule. The light shall be carried in
the position of the second masthead light and be visible at the same
minimum range.


Sec.  83.24  Towing and pushing (Rule 24).

    (a) A power-driven vessel when towing astern. A power-driven vessel
when towing astern shall exhibit:
    (1) Instead of the light prescribed either in Rule 23(a)(1) or
23(a)(2), two masthead lights in a vertical line. When the length of
the tow, measuring from the stern of the towing vessel to the after end
of the tow exceeds 200 meters, three such lights in a vertical line;
    (2) Sidelights;
    (3) A sternlight;
    (4) A towing light in a vertical line above the sternlight; and
    (5) When the length of the tow exceeds 200 meters, a diamond shape
where it can best be seen.
    (b) Pushing vessel and pushed vessel rigidly connected in composite
unit. When a pushing vessel and a vessel being pushed ahead are rigidly
connected in a composite unit they shall be regarded as a power-driven
vessel and exhibit the lights prescribed in Rule 23.
    (c) A power-driven vessel when pushing ahead or towing alongside. A
power-driven vessel when pushing

[[Page 19552]]

ahead or towing alongside, except as required by paragraphs (b) and (1)
of this Rule, shall exhibit:
    (1) Instead of the light prescribed either in Rule 23(a)(1) or
23(a)(2), two masthead lights in a vertical line;
    (2) Sidelights; and
    (3) Two towing lights in a vertical line.
    (d) Compliance with other requirements. A power-driven vessel to
which paragraphs (a) or (c) of this Rule apply shall also comply with
Rule 23(a)(1) and 23(a)(2).
    (e) Vessels being towed. A vessel or object other than those
referred to in paragraph (g) of this Rule being towed shall exhibit:
    (1) Sidelights;
    (2) A sternlight; and
    (3) When the length of the tow exceeds 200 meters, a diamond shape
where it can best be seen.
    (f) Vessels being towed alongside or pushed in a group. Provided
that any number of vessels being towed alongside or pushed in a group
shall be lighted as one vessel, except as provided in paragraph (3)--
    (1) A vessel being pushed ahead, not being part of a composite
unit, shall exhibit at the forward end, sidelights and a special
flashing light;
    (2) A vessel being towed alongside shall exhibit a sternlight and
at the forward end, sidelights and a special flashing light; and
    (3) When vessels are towed alongside on both sides of the towing
vessels a sternlight shall be exhibited on the stern of the outboard
vessel on each side of the towing vessel, and a single set of
sidelights as far forward and as far outboard as is practicable, and a
single special flashing light.
    (g) An inconspicuous, partly submerged vessel or object being
towed. An inconspicuous, partly submerged vessel or object being towed
shall exhibit:
    (1) If it is less than 25 meters in breadth, one all-round white
light at or near each end;
    (2) If it is 25 meters or more in breadth, four all-round white
lights to mark its length and breadth;
    (3) If it exceeds 100 meters in length, additional all-round white
lights between the lights prescribed in subparagraphs (1) and (2) so
that the distance between the lights shall not exceed 100 meters:
Provided, that any vessels or objects being towed alongside each other
shall be lighted as one vessel or object;
    (4) A diamond shape at or near the aftermost extremity of the last
vessel or object being towed; and
    (5) The towing vessel may direct a searchlight in the direction of
the tow to indicate its presence to an approaching vessel.
    (h) Alternative lighting of vessel or object being towed. Where
from any sufficient cause it is impracticable for a vessel or object
being towed to exhibit the lights prescribed in paragraph (e) or (g) of
this Rule, all possible measures shall be taken to light the vessel or
object towed or at least to indicate the presence of the unlighted
vessel or object.
    (i) Western Rivers or other specified waters; exception.
Notwithstanding paragraph (c), on the Western Rivers (except below the
Huey P. Long Bridge on the Mississippi River) and on waters specified
by the Secretary, a power-driven vessel when pushing ahead or towing
alongside, except as paragraph (b) applies, shall exhibit:
    (1) Sidelights; and
    (2) Two towing lights in a vertical line.
    (j) Towing another vessel in distress or otherwise in need of
assistance. Where from any sufficient cause it is impracticable for a
vessel not normally engaged in towing operations to display the lights
prescribed by paragraph (a), (c) or (i) of this Rule, such vessel shall
not be required to exhibit those lights when engaged in towing another
vessel in distress or otherwise in need of assistance. All possible
measures shall be taken to indicate the nature of the relationship
between the towing vessel and the vessel being assisted. The
searchlight authorized by Rule 36 may be used to illuminate the tow.


Sec.  83.25  Sailing vessels underway and vessels under oars (Rule 25).

    (a) Sailing vessels underway. A sailing vessel underway shall
exhibit:
    (1) Sidelights; and
    (2) A sternlight.
    (b) Sailing vessels of less than 20 meters in length. In a sailing
vessel of less than 20 meters in length the lights prescribed in
paragraph (a) of this Rule may be combined in one lantern carried at or
near the top of the mast where it can best be seen.
    (c) Additional lights. A sailing vessel underway may, in addition
to the lights prescribed in paragraph (a) of this Rule, exhibit at or
near the top of the mast, where they can best be seen, two all-round
lights in a vertical line, the upper being red and the lower green, but
these lights shall not be exhibited in conjunction with the combined
lantern permitted by paragraph (b) of this Rule.
    (d) Sailing vessels of less than 7 meters in length; vessels under
oars.
    (1) A sailing vessel of less than 7 meters in length shall, if
practicable, exhibit the lights prescribed in paragraph (a) or (b) of
this Rule, but if she does not, she shall have ready at hand an
electric torch or lighted lantern showing a white light which shall be
exhibited in sufficient time to prevent collision.
    (2) A vessel under oars may exhibit the lights prescribed in this
Rule for sailing vessels, but if she does not, she shall have ready at
hand an electric torch or lighted lantern showing a white light which
shall be exhibited in sufficient time to prevent collision.
    (e) Vessels proceeding under sail. A vessel proceeding under sail
when also being propelled by machinery shall exhibit forward where it
can best be seen a conical shape, apex downward. A vessel of less than
12 meters in length is not required to exhibit this shape, but may do
so.


Sec.  83.26  Fishing vessels (Rule 26).

    (a) Exhibition of only prescribed lights and shapes. A vessel
engaged in fishing, whether underway or at anchor, shall exhibit only
the lights and shapes prescribed in this Rule.
    (b) Vessels engaged in trawling. A vessel when engaged in trawling,
by which is meant the dragging through the water of a dredge net or
other apparatus used as a fishing appliance, shall exhibit:
    (1) Two all-round lights in a vertical line, the upper being green
and the lower white, or a shape consisting of two cones with their
apexes together in a vertical line one above the other;
    (2) A masthead light abaft of and higher than the all-round green
light; a vessel of less than 50 meters in length shall not be obliged
to exhibit such a light but may do so; and
    (3) When making way through the water, in addition to the lights
prescribed in this paragraph, sidelights and a sternlight.
    (c)Vessels engaged in fishing other than trawling. A vessel engaged
in fishing, other than trawling, shall exhibit:
    (1) Two all-round lights in a vertical line, the upper being green
and the lower white, or a shape consisting of two cones with their
apexes together in a vertical line one above the other;
    (2) A masthead light abaft of and higher than the all-round green
light; a vessel of less than 50 meters in length shall not be obliged
to exhibit such a light but may do so; and
    (3) When making way through the water, in addition to the lights
prescribed in this paragraph, sidelights and a sternlight.
    (c) Vessels engaged in fishing other than trawling. A vessel
engaged in

[[Page 19553]]

fishing, other than trawling, shall exhibit:
    (1) Two all-round lights in a vertical line, the upper being red
and the lower white, or a shape consisting of two cones with apexes
together in a vertical line one above the other;
    (2) When there is outlying gear extending more than 150 meters
horizontally from the vessel, an all-round white light or a cone apex
upward in the direction of the gear; and
    (3) When making way through the water, in addition to the lights
prescribed in this paragraph, sidelights and a sternlight.
    (d) Vessels engaged in fishing in close proximity to other vessels
engaged in fishing. The additional signals described in Annex II to
these Rules apply to a vessel engaged in fishing in close proximity to
other vessels engaged in fishing.
    (e) Vessels when not engaged in fishing. A vessel when not engaged
in fishing shall not exhibit the lights or shapes prescribed in this
Rule, but only those prescribed for a vessel of her length.


Sec.  83.27  Vessels not under command or restricted in their ability
to maneuver (Rule 27).

    (a) Vessels not under command. A vessel not under command shall
exhibit:
    (1) Two all-round red lights in a vertical line where they can best
be seen;
    (2) Two balls or similar shapes in a vertical line where they can
best be seen; and
    (iii) When making way through the water, in addition to the lights
prescribed in this paragraph, sidelights and a sternlight.
    (b) Vessels restricted in their ability to maneuver. A vessel
restricted in her ability to maneuver, except a vessel engaged in
mineclearance operations, shall exhibit:
    (1) Three all-round lights in a vertical line where they can best
be seen. The highest and lowest of these lights shall be red and the
middle light shall be white;
    (2) Three shapes in a vertical line where they can best be seen.
The highest and lowest of these shapes shall be balls and the middle
one a diamond;
    (3) When making way through the water, masthead lights, sidelights
and a sternlight, in addition to the lights prescribed in subparagraph
(b)(1); and
    (4) When at anchor, in addition to the lights or shapes prescribed
in subparagraphs (b)(1) and (2), the light, lights or shapes prescribed
in Rule 30.
    (c) Vessels engaged in towing operations. A vessel engaged in a
towing operation which severely restricts the towing vessel and her tow
in their ability to deviate from their course shall, in addition to the
lights or shapes prescribed in subparagraphs (b)(1) and (2) of this
Rule, exhibit the lights or shape prescribed in Rule 24.
    (d) Vessels engaged in dredging or underwater operations. A vessel
engaged in dredging or underwater operations, when restricted in her
ability to maneuver, shall exhibit the lights and shapes prescribed in
subparagraphs (b)(1), (2), and (3) of this Rule and shall in addition,
when an obstruction exists, exhibit:
    (1) Two all-round red lights or two balls in a vertical line to
indicate the side on which the obstruction exists;
    (2) Two all-round green lights or two diamonds in a vertical line
to indicate the side on which another vessel may pass; and
    (3) When at anchor, the lights or shape prescribed by this
paragraph, instead of the lights or shapes prescribed in Rule 30 for
anchored vessels.
    (e) Vessels engaged in diving operations. Whenever the size of a
vessel engaged in diving operations makes it impracticable to exhibit
all lights and shapes prescribed in paragraph (d) of this Rule, the
following shall instead be exhibited:
    (1) Three all-round lights in a vertical line where they can best
be seen. The highest and lowest of these lights shall be red and the
middle light shall be white.
    (2) A rigid replica of the international Code flag ''A'' not less
than 1 meter in height. Measures shall be taken to insure its all-round
visibility.
    (f) Vessels engaged in mineclearance operations. A vessel engaged
in mineclearance operations shall, in addition to the lights prescribed
for a power-driven vessel in Rule 23 or to the lights or shape
prescribed for a vessel at anchor in Rule 30, as appropriate, exhibit
three all-round green lights or three balls. One of these lights or
shapes shall be exhibited near the foremast head and one at each end of
the fore yard. These lights or shapes indicate that it is dangerous for
another vessel to approach within 1,000 meters of the mineclearance
vessel.
    (g) Vessels of less than 12 meters in length. A vessel of less than
12 meters in length, except when engaged in diving operations, is not
required to exhibit the lights or shapes prescribed in this Rule.
    (h) Signals of vessels in distress and requiring assistance. The
signals prescribed in this Rule are not signals of vessels in distress
and requiring assistance. Such signals are contained in Annex IV to
these Rules.


Sec.  83.28  [Reserved] (Rule 28).


Sec.  83.29  Pilot vessels (Rule 29).

    (a) Vessels engaged on pilotage duty. A vessel engaged on pilotage
duty shall exhibit:
    (1) At or near the masthead, two all-round lights in a vertical
line, the upper being white and the lower red;
    (2) When underway, in addition, sidelights and a sternlight; and
    (3) When at anchor, in addition to the lights prescribed in
subparagraph (1), the anchor light, lights, or shape prescribed in Rule
30 for anchored vessels.
    (b) Vessels when not engaged on pilotage duty. A pilot vessel when
not engaged on pilotage duty shall exhibit the lights or shapes
prescribed for a vessel of her length.


Sec.  83.30  Anchored vessels and vessels aground (Rule 30).

    (a) Vessels at anchor. A vessel at anchor shall exhibit where it
can best be seen:
    (1) In the fore part, an all-round white light or one ball; and
    (2) At or near the stern and at a lower level than the light
prescribed in subparagraph (1), an all-round white light.
    (b) Vessels of less than 50 meters in length; alternative light. A
vessel of less than 50 meters in length may exhibit an all-round white
light where it can best be seen instead of the lights prescribed in
paragraph (a) of this Rule.
    (c) Illumination of decks. A vessel at anchor may, and a vessel of
100 meters or more in length shall, also use the available working or
equivalent lights to illuminate her decks.
    (d) Vessels aground. A vessel aground shall exhibit the lights
prescribed in paragraph (a) or (b) of this Rule and in addition, if
practicable, where they can best be seen:
    (1) Two all-round red lights in a vertical line; and
    (2) Three balls in a vertical line.
    (e) Vessels of less than 7 meters in length when at anchor. A
vessel of less than 7 meters in length, when at anchor, not in or near
a narrow channel, fairway, anchorage, or where other vessels normally
navigate, shall not be required to exhibit the lights or shape
prescribed in paragraphs (a) and (b) of this Rule.
    (f) Vessels of less than 12 meters in length when aground. A vessel
of less than 12 meters in length when aground shall not be required to
exhibit the lights or shapes prescribed in

[[Page 19554]]

subparagraphs (d)(1) and (2) of this Rule.
    (g) Vessels of less than 20 meters in length while at anchor in
special anchorage. A vessel of less than 20 meters in length, when at
anchor in a special anchorage area designated by the Secretary, shall
not be required to exhibit the anchor lights and shapes required by
this Rule.


Sec.  83.31  Seaplanes (Rule 31).

    Where it is impracticable for a seaplane to exhibit lights and
shapes of the characteristics or in the positions prescribed in the
Rules of this part she shall exhibit lights and shapes as closely
similar in characteristics and position as is possible.

Subpart D--Sound and Light Signals


Sec.  83.32  Definitions (Rule 32).

    (a) Whistle means any sound signaling appliance capable of
producing the prescribed blasts and which complies with specifications
in Annex III to these Rules.
    (b) Short blast means a blast of about 1 second's duration.
    (c) Prolonged blast means a blast of from 4 to 6 second's duration.


Sec.  83.33  Equipment for sound signals (Rule 33).

    (a) Vessels of 12 meters or more in length. A vessel of 12 meters
or more in length shall be provided with a whistle and a bell and a
vessel of 100 meters or more in length shall, in addition, be provided
with a gong, the tone and sound of which cannot be confused with that
of the bell. The whistle, bell and gong shall comply with the
specifications in Annex III to these Rules. The bell or gong or both
may be replaced by other equipment having the same respective sound
characteristics, provided that manual sounding of the prescribed
signals shall always be possible.
    (b) Vessels of less than 12 meters in length. A vessel of less than
12 meters in length shall not be obliged to carry the sound signaling
appliances prescribed in paragraph (a) of this Rule but if she does
not, she shall be provided with some other means of making an efficient
sound signal.


Sec.  83.34  Maneuvering and warning signals (Rule 34).

    (a) Whistle signals. When power-driven vessels are in sight of one
another and meeting or crossing at a distance within half a mile of
each other, each vessel underway, when maneuvering as authorized or
required by these Rules:
    (1) Shall indicate that maneuver by the following signals on her
whistle: one short blast to mean ``I intend to leave you on my port
side''; two short blasts to mean ``I intend to leave you on my
starboard side''; and three short blasts to mean ``I am operating
astern propulsion''.
    (2) Upon hearing the one or two blast signal of the other shall, if
in agreement, sound the same whistle signal and take the steps
necessary to effect a safe passing. If, however, from any cause, the
vessel doubts the safety of the proposed maneuver, she shall sound the
danger signal specified in paragraph (d) of this Rule and each vessel
shall take appropriate precautionary action until a safe passing
agreement is made.
    (b) Light signals. A vessel may supplement the whistle signals
prescribed in paragraph (a) of this Rule by light signals:
    (1) These signals shall have the following significance: one flash
to mean ``I intend to leave you on my port side''; two flashes to mean
``I intend to leave you on my starboard side''; three flashes to mean
``I am operating astern propulsion'';
    (2) The duration of each flash shall be about 1 second; and
    (3) The light used for this signal shall, if fitted, be one all-
round white or yellow light, visible at a minimum range of 2 miles,
synchronized with the whistle, and shall comply with the provisions of
Annex I to these Rules.
    (c) Overtaking situations. When in sight of one another:
    (1) A power-driven vessel intending to overtake another power-
driven vessel shall indicate her intention by the following signals on
her whistle: one short blast to mean ``I intend to overtake you on your
starboard side''; two short blasts to mean ``I intend to overtake you
on your port side''; and
    (2) The power-driven vessel about to be overtaken shall, if in
agreement, sound a similar sound signal. If in doubt she shall sound
the danger signal prescribed in paragraph (d).
    (d) Doubts or failure to understand signals. When vessels in sight
of one another are approaching each other and from any cause either
vessel fails to understand the intentions or actions of the other, or
is in doubt whether sufficient action is being taken by the other to
avoid collision, the vessel in doubt shall immediately indicate such
doubt by giving at least five short and rapid blasts on the whistle.
This signal may be supplemented by a light signal of at least five
short and rapid flashes.
    (e) Vessels in areas of obscured visibility due to intervening
obstructions. A vessel nearing a bend or an area of a channel or
fairway where other vessels may be obscured by an intervening
obstruction shall sound one prolonged blast. This signal shall be
answered with a prolonged blast by any approaching vessel that may be
within hearing around the bend or behind the intervening obstruction.
    (f) Use of one whistle only on a vessel. If whistles are fitted on
a vessel at a distance apart of more than 100 meters, one whistle only
shall be used for giving maneuvering and warning signals.
    (g) Power-driven vessels leaving dock or berth. When a power-driven
vessel is leaving a dock or berth, she shall sound one prolonged blast.
    (h) Agreement between vessels using radiotelephone. A vessel that
reaches agreement with another vessel in a head-on, crossing, or
overtaking situation, as for example, by using the radiotelephone as
prescribed by the Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat.
164; 33 U.S.C. 1201 et seq.), is not obliged to sound the whistle
signals prescribed by this Rule, but may do so. If agreement is not
reached, then whistle signals shall be exchanged in a timely manner and
shall prevail.


Sec.  83.35  Sound signals in restricted visibility (Rule 35).

    In or near an area of restricted visibility, whether by day or
night, the signals prescribed in this Rule shall be used as follows:
    (a) Power-driven vessels making way through the water. A power-
driven vessel making way through the water shall sound at intervals of
not more than 2 minutes one prolonged blast.
    (b) Power-driven vessels underway but stopped and making no way
through the water. A power-driven vessel underway but stopped and
making no way through the water shall sound at intervals of not more
than 2 minutes two prolonged blasts in succession with an interval of
about 2 seconds between them.
    (c) Vessels not under command; vessels restricted in ability to
maneuver; sailing vessels; vessels engaged in fishing; vessels engaged
in towing or pushing. A vessel not under command; a vessel restricted
in her ability to maneuver, whether underway or at anchor; a sailing
vessel; a vessel engaged in fishing, whether underway or at anchor; and
a vessel engaged in towing or pushing another vessel shall, instead of
the signals prescribed in paragraphs (a) or (b) of this Rule, sound at
intervals of not more than 2 minutes, three blasts in succession;
namely, one prolonged followed by two short blasts.
    (d) Vessels towed. A vessel towed or if more than one vessel is
towed the last vessel of the tow, if manned, shall at

[[Page 19555]]

intervals of not more than 2 minutes sound four blasts in succession;
namely, one prolonged followed by three short blasts. When practicable,
this signal shall be made immediately after the signal made by the
towing vessel.
    (e) Pushing and pushed vessels connected in composite unit. When a
pushing vessel and a vessel being pushed ahead are rigidly connected in
a composite unit they shall be regarded as a power-driven vessel and
shall give the signals prescribed in paragraphs (a) or (b) of this
Rule.
    (f) Vessels at anchor. A vessel at anchor shall at intervals of not
more than 1 minute ring the bell rapidly for about 5 seconds. In a
vessel of 100 meters or more in length the bell shall be sounded in the
forepart of the vessel and immediately after the ringing of the bell
the gong shall be sounded rapidly for about 5 seconds in the after part
of the vessel. A vessel at anchor may in addition sound three blasts in
succession; namely, one short, one prolonged and one short blast, to
give warning of her position and of the possibility of collision to an
approaching vessel.
    (g) Vessels aground. A vessel aground shall give the bell signal
and if required the gong signal prescribed in paragraph (f) of this
Rule and shall, in addition, give three separate and distinct strokes
on the bell immediately before and after the rapid ringing of the bell.
A vessel aground may in addition sound an appropriate whistle signal.
    (h) Vessels of less than 12 meters in length. A vessel of less than
12 meters in length shall not be obliged to give the above-mentioned
signals but, if she does not, shall make some other efficient sound
signal at intervals of not more than 2 minutes.
    (i) Pilot vessels. A pilot vessel when engaged on pilotage duty may
in addition to the signals prescribed in paragraphs (a), (b) or (f) of
this Rule sound an identity signal consisting of four short blasts.
    (j) Vessels anchored in special anchorage areas. The following
vessels shall not be required to sound signals as prescribed in
paragraph (f) of this Rule when anchored in a special anchorage area
designated by the Secretary:
    (1) A vessel of less than 20 meters in length; and
    (2) A barge, canal boat, scow, or other nondescript craft.


Sec.  83.36  Signals to attract attention (Rule 36).

    If necessary to attract the attention of another vessel, any vessel
may make light or sound signals that cannot be mistaken for any signal
authorized elsewhere in these Rules, or may direct the beam of her
searchlight in the direction of the danger, in such a way as not to
embarrass any vessel.


Sec.  83.37  Distress signals (Rule 37).

    When a vessel is in distress and requires assistance she shall use
or exhibit the signals described in Annex IV to these Rules.

Subpart E--Exemptions


Sec.  83.38  Exemptions (Rule 38).

    Any vessel or class of vessels, the keel of which is laid or which
is at a corresponding stage of construction before December 24, 1980,
provided that she complies with the requirements of--
    (a) The Act of June 7, 1897, (30 Stat. 96), as amended (33 U.S.C.
154-232) for vessels navigating the waters subject to that statute;
    (b) Section 4233 of the Revised Statutes (33 U.S.C. 301-356) for
vessels navigating the waters subject to that statute;
    (c) The Act of February 8, 1895 (28 Stat. 645), as amended (33
U.S.C. 241-295) for vessels navigating the waters subject to that
statute; or
    (d) Sections 3, 4, and 5 of the Act of April 25, 1940 (54 Stat.
163), as amended (46 U.S.C. 526b, c, and d) for motorboats navigating
the waters subject to that statute; shall be exempted from compliance
with the technical Annexes to these Rules as follows:
    (1) The installation of lights with ranges prescribed in Rule 22,
until 4 years after the effective date of the Inland Navigational Rules
Act of 1980 (Pub. L. 96-591), except that vessels of less than 20
meters in length are permanently exempt;
    (2) The installation of lights with color specifications as
prescribed in Annex I to these Rules, until 4 years after the effective
date of the Inland Navigational Rules Act of 1980 (Pub. L. 96-591),
except that vessels of less than 20 meters in length are permanently
exempt;
    (3) The repositioning of lights as a result of conversion to metric
units and rounding off measurement figures, are permanently exempt; and
    (4) The horizontal repositioning of masthead lights prescribed by
Annex I to these Rules:
    (i) On vessels of less than 150 meters in length, permanent
exemption.
    (ii) On vessels of 150 meters or more in length, until 9 years
after the effective date of the Inland Navigational Rules Act of 1980
(Pub. L. 96-591).
    (5) The restructuring or repositioning of all lights to meet the
prescriptions of Annex I to these, until 9 years after the effective
date of the Inland Navigational Rules Act of 1980 (Pub. L. 96-591);
    (6) Power-driven vessels of 12 meters or more but less than 20
meters in length are permanently exempt from the provisions of Rule
23(a)(1) and 23(a)(4) provided that, in place of these lights, the
vessel exhibits a white light aft visible all round the horizon; and
    (7) The requirements for sound signal appliances prescribed in
Annex III to these Rules, until 9 years after the effective date of the
Inland Navigational Rules Act of 1980 (Pub. L. 96-591).

    Dated: March 31, 2010.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2010-8532 Filed 4-14-10; 8:45 am]
BILLING CODE 9110-04-P

