
[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Proposed Rules]
[Pages 52175-52200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18364]



[[Page 52175]]

Vol. 77

Tuesday,

No. 167

August 28, 2012

Part III





Department of Homeland Security





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Coast Guard





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33 CFR Parts 83, 84, 85, et al.





Changes to the Inland Navigation Rules; Proposed Rule

  Federal Register / Vol. 77 , No. 167 / Tuesday, August 28, 2012 / 
Proposed Rules  

[[Page 52176]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 83, 84, 85, 86, 87, and 88

[Docket No. USCG-2012-0102]
RIN 1625-AB88


Changes to the Inland Navigation Rules

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the inland navigation rules 
and their annexes in 33 CFR parts 83 through 88 to align the 
regulations with amendments made by the International Maritime 
Organization to the Convention on the International Regulations for 
Preventing Collisions at Sea, to which the United States is a 
signatory, and to incorporate recommendations made by the Navigation 
Safety Advisory Council. These changes would harmonize domestic and 
international law by reducing and alleviating equipment requirements on 
vessels, addressing technological advancements, such as wing-in-ground 
craft, and increasing public awareness of the inland navigation rules. 
The changes would also make references to applicable requirements 
easier to locate by using the same format in domestic regulations as is 
used in the international convention.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before October 29, 
2012 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0102 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LCDR Megan L Cull, Coast Guard; telephone 202-372-
1565, email megan.l.cull@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed Rule
    A. Preemption of State and Local Law Language Added to the 
Application Section at 33 CFR 83.01(a)
    B. All Provisions of 33 CFR Part 85, Annex II, and 33 CFR Part 
88, Annex V, Would Be Moved Into the Main Body of 33 CFR Part 83
    C. COLREGS Amendment Language and Terms Would Be Aligned With 
International Rules at 33 CFR Part 83
    D. NAVSAC Recommended Changes
    E. ``Exhibit an All-Round White Light'' Would Be Added to 33 CFR 
83.25
    F. Proposed Removal of the Contradictory Paragraph (c) in 33 CFR 
83.26
    G. Clarifying Language Added to 33 CFR 83.01 to Enumerate 
Appropriate Authorities
    H. Non-Substantive Changes to Numbering or Citing To Reflect 
Additions, Amendments, and/or To Conform to COLREGS Cites
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0102), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0102'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0102'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
If you do not have access to the Internet, you may view the docket 
online by visiting the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or

[[Page 52177]]

signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the docket using one of the methods specified under 
ADDRESSES. In your request, explain why you believe a public meeting 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

II. Abbreviations

AIS Automated Identification System
CFR Code of Federal Regulations
COLREGS Convention on the International Regulations for Preventing 
Collisions at Sea
DHS Department of Homeland Security
DSC Digital Selective Calling
IMO International Maritime Organization
NAVSAC Navigation Safety Advisory Council
NBSAC National Boating Safety Advisory Council
NPRM Notice of Proposed Rulemaking
Sec.  Section symbol
SOLAS International Convention for Safety of Life at Sea
U.S.C. United States Code
WIG craft Wing-in-Ground craft

III. Basis and Purpose

    The purpose of this rulemaking is to harmonize existing domestic 
law with current international law because Coast Guard regulations 
relating to inland navigation rules are inconsistent with the 
international standards found in the Convention on the International 
Regulations for Preventing Collisions at Sea (COLREGS), to which the 
United States is a signatory. In addition to the alignment with 
international standards, the Navigation Safety Advisory Council 
(NAVSAC) recommended several changes to the regulations that would 
simplify the inland navigation rules and change equipment requirements 
for certain vessels. The Coast Guard has initiated this rulemaking 
under the authority of the Coast Guard and Maritime Transportation Act 
of 2004 (Pub. L. 108-293) and the Department of Homeland Security 
Delegation 0170.1, Delegation to the Commandant of the Coast Guard.

IV. Background

    In 1972, the International Maritime Organization (IMO) formalized 
the COLREGS, or international rules. The United States ratified this 
treaty and adopted the COLREGS in the International Navigation Rules 
Act of 1977. Ratification of this treaty made all U.S. vessels subject 
to the COLREGS while operating on international waters. The 
corresponding rules for inland waters, or inland navigation rules, did 
not go into effect until Congress enacted the Inland Navigational Rules 
Act of 1980. The inland navigation rules and the COLREGS are very 
similar in both content and format.
    The IMO has made several amendments to the COLREGS since they were 
promulgated in 1972. The United States has adopted these amendments 
through statute until the two most recent IMO amendments in 2001 and 
2007. Incorporation of these IMO amendments is one of the purposes of 
this Notice of Proposed Rulemaking (NPRM).
    In 2004, Congress passed the Coast Guard and Maritime 
Transportation Act of 2004, which, in effect, gave the Secretary of 
Homeland Security (``the Secretary'') the authority to issue inland 
navigation regulations. The Secretary further delegated the 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.''
    Through the most recent regulatory change in 2010, the Coast Guard 
used the authority granted by Congress and delegated by the Secretary 
to move the inland navigation rules from the United States Code 
(U.S.C.) to 33 CFR part 83. 75 FR 19544. Regulations in 33 CFR part 83, 
along with regulations in 33 CFR parts 84 through 88, now comprise the 
complete domestic inland navigation rules. Movement to the CFR in 2010 
effectively ended statutory codification of the inland rules of the 
road.
    Using this authority, the Coast Guard proposes to amend 33 CFR part 
83, along with 33 CFR parts 84 through 88, to align U.S. inland 
navigation rules with the COLREGS as much as practicable and to 
incorporate other NAVSAC recommendations and Coast Guard changes.

V. Discussion of Proposed Rule

    This NPRM proposes many changes to the regulations in 33 CFR parts 
83, 84, 85, 86, 87, and 88 that would preempt State and local law 
regarding inland navigation, make current regulations more consistent 
with international standards, and make other NAVSAC recommended 
changes, including mandating the use of other electronic equipment, 
such as AIS, if outfitted, and allowing certain small vessels to use an 
all-round white light in addition to the currently approved electric 
torch or lighted lantern. Many of these changes would reduce the 
regulatory burden on mariners. The proposed changes are described 
below.

A. Preemption of State and Local Law Language Added to the Application 
Section at 33 CFR 83.01(a)

    On May 20, 2009, President Obama issued a memorandum entitled 
``Preemption'' to the heads of executive agencies. The purpose of this 
memorandum was to ensure that ``preemption of State law by executive 
departments and agencies should be undertaken only with full 
consideration of the legitimate prerogatives of the States and with a 
sufficient legal basis for preemption.'' The memorandum also required 
agencies to include preemption provisions in the codified regulations 
when regulatory preambles discussed its intention to preempt State law 
through the regulation. Furthermore, it directed that these preemption 
provisions must be justified under the legal principles governing 
preemption, including those outlined in EO 13132 (this memorandum is 
available for viewing in the rulemaking docket by following the 
instructions under the ``Public Participation and Request for 
Comments'' section of this preamble).
    In 33 U.S.C. 2071, Congress specifically granted to the Secretary 
the authority to ``issue inland navigation regulations applicable to 
all vessels upon the inland waters of the United States and technical 
annexes that are as consistent as possible with the respective annexes 
to the International Regulations.'' Because this authority is expressly 
granted by Congress to the Secretary, State and local laws are 
preempted by Federal law. Therefore, based on the President's 2009 memo 
and the preemption principles outlined in EO 13132, the Coast Guard 
proposes to add the following sentence to 33 CFR 83.01(a): ``The 
regulations in this subchapter have preemptive effect over State or 
local regulation within the same field.''

B. All Provisions of 33 CFR Part 85, Annex II, and 33 CFR Part 88, 
Annex V, Would Be Moved Into the Main Body of 33 CFR Part 83

    Prior to 2010, the inland navigation rules were located in statute. 
The Coast Guard promulgated five annexes through regulation, to be read 
in conjunction with the inland navigation statute. These annexes 
correspond to COLREGS annexes. Because the inland navigation rules have 
become regulation, NAVSAC recommended that sections of Annex V be 
relocated to the

[[Page 52178]]

main regulation text. Additionally, the Coast Guard proposes to 
relocate the provisions of Annex II to the main regulation text.
    We propose to move these provisions without substantive change to 
the appropriate sections in part 83. Reorganizing the Annex II and 
Annex V provisions to be found in part 83 would ease compliance and 
simplify the study of the rules. As a result of moving the provisions 
of these annexes to part 83, paragraph (d) in section 83.26 must be 
removed and reserved. This paragraph speaks to the provisions of Annex 
II that have now been moved to part 83. Additionally, for clarity, the 
appropriate paragraphs of Rule 26 must be added to new paragraph (f) of 
section 83.26 in lieu of the more general ``these Rules'' currently 
found in the regulation.
    Table 1 summarizes the movement of 33 CFR part 85, Annex II, and 33 
CFR part 88, Annex V, provisions to 33 CFR part 83.

                                 Table 1
------------------------------------------------------------------------
    Current section number and
             heading               Proposed section number and paragraph
------------------------------------------------------------------------
85.1 General.....................  83.26(f)
85.3 Signal for trawlers.........
85.5 Signal for purse seiners....
88.05 Copy of rules..............  83.01(g).
88.09 Temporary exemption from     83.20(f).
 light and shape requirements
 when operating under bridges.
88.11 Law enforcement vessels....  83.27(i).
88.12 Public safety activities...  83.27(j).
88.13 Lights on moored barges....  83.24(k) through (p).
88.15 Lights on dredge pipelines.  83.24(g).
------------------------------------------------------------------------

    There would no longer be any provisions in part 85, Annex II, or 
part 88, Annex V, except for provisions reserving these parts for any 
future amendments that may require their use. To this end, the general 
purpose and applicability provisions of parts 85 and 88 would be 
reserved. This would be done by removing all regulations from this part 
and reserving the first sections only as a placeholder. Therefore, 33 
CFR 85.1 would be redesignated as Sec.  85.01, and Sec.  85.01 would 
then be reserved, along with Sec.  88.01.

C. COLREGS Amendment Language and Terms Would Be Aligned With 
International Rules at 33 CFR Part 83

    In 2001 and 2007, the IMO adopted several amendments to the COLREGS 
through Resolution A.910(22) and Resolution A.1004(25), respectively. 
NAVSAC recommended that, in the interests of uniformity and 
simplification for mariners, and to continue encouraging compliance 
with the COLREGS, the Coast Guard should adopt these amendments in 
regulation. The amendments that NAVSAC recommended and the Coast Guard 
proposes are as follows:
    1. The IMO incorporated the term ``Wing-In-Ground (WIG) craft'' 
into several sections of the COLREGS and added requirements applicable 
to this type of craft. The following sections in part 83 would be 
amended to add this term and/or its definition or add requirements 
applicable to WIG craft: Sec. Sec.  83.03(a), 83.03(m), 83.18(f), 
83.23(c), and 83.31. These additions specify how WIG craft should 
operate around other vessels, including when taking off, landing, and 
when in flight, as well as lighting requirements specific to WIG craft. 
Current WIG craft operations are limited to prototype testing, 
feasibility studies, and other limited activities. However, the 
specific construction, design, and operation of WIG craft pose unique 
risks that we are trying to address while also conforming to the IMO 
standard.
    2. The IMO modified COLREGS sound signal equipment requirements for 
vessels based on size. One amendment removes the requirement for a bell 
on a vessel of 12 meters or more in length but less than 20 meters in 
length. The other amendment reduces the regulatory restrictions placed 
on the characteristics of whistles allowed for vessels of specific 
lengths. The Coast Guard would add the same language to Sec. Sec.  
83.33(a) and 83.35(i). We would also amend the existing language in 
part 86, subpart A. This language consists of amendments that IMO 
believes cater to smaller vessels since these amendments provide 
regulatory flexibility for sound signal requirements. We concur--by 
following IMO's example, we also would be decreasing the regulatory 
burden for small vessels by allowing sound options without negatively 
impacting navigation safety.
    3. The IMO amended existing sections of COLREGS to incorporate new 
formulas and new standards. Sections 84.13(a), 84.13(b), 86.01(a), 
86.01(c), 86.02(b) and the Table in 86.01 would be partially amended to 
align with the new COLREGS language. Sections 84.13(a) and 84.13(b) 
would be amended to account for the vertical separation of masthead 
lights on high-speed craft. These amendments incorporate new formulas 
to accommodate novel designs in the trim and resulting masthead 
placement of these specific types of crafts. By changing these 
formulas, the masthead light would be more visible, thereby increasing 
the safety of these vessels. In section 86.01 and 86.02, we would amend 
the frequency and range of audibility standards to relax the 
requirements for sound pressure levels and octave bands. We believe 
that the safety of vessels is not measurably impacted by the differing 
standards and that aligning domestic regulations with the international 
standard eases compliance.
    4. The IMO amended COLREGS Rule 8, paragraph (a), which corresponds 
to Sec.  83.08(a), and which generally governs actions taken to avoid 
collision, by adding the requirement that such actions ``be taken in 
accordance with the Rules of this part.'' The IMO added this language 
to make clear that any action to avoid collision should be taken in 
accordance with the relevant rules in the COLREGS, and to link Rule 8 
with the other navigation rules. We propose to amend Sec.  83.08(a) to 
include this revised language.
    5. The IMO modified COLREGS distress signal requirements to update 
technologies in its list of acceptable equipment. Section 84.01(d), 
(l), and (m) would be amended to eliminate radiotelegraph or 
radiotelephones alarms as approved distress calls, with the exception 
of SOS, which may be transmitted via any means. Radiotelephones can 
still be used, but not the radiotelephone alarm function. There are no 
costs associated with removing the alarms as approved distress calls 
because this change does

[[Page 52179]]

not require the replacement of such equipment. Radiotelegraphs are 
obsolete and are no longer used by the industry.\1\ This change was 
made to the International Convention for Safety of Life at Sea (SOLAS) 
Chapter V in 1999. It was also instituted domestically by the Federal 
Communications Commission in the 1990s and has been in effect since 
then. This change also expands the list of approved equipment for 
emergency calls to include Digital Selective Calling (DSC), Inmarsat, 
and other mobile satellite service provider ship earth stations but 
does not require carriage of such equipment.
---------------------------------------------------------------------------

    \1\ http://www.gpo.gov/fdsys/pkg/FR-1995-01-27/pdf/95-2092.pdf.
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    The search and rescue manual reference in paragraph 3 has also been 
updated. There is no cost to the change in reference because there is 
no requirement to purchase the manual.
    6. Rule 24 of the COLREGS provides lighting and shape requirements 
for partially submerged vessels or objects being towed, or a 
combination thereof. In review of our regulations, the lighting and 
shape requirements for towed combinations were omitted. We propose to 
add this language to match the COLREGS.
    There would be no additional requirements on mariners imposed by 
the additions and amendments in 1 through 6 above. Instead, these 
sections would conform to the international standards and provide more 
options for vessel equipment compliance and increase the clarity of 
these requirements.

D. NAVSAC Recommended Change

    NAVSAC recommended a change to the existing inland navigation rules 
in which Sec.  83.07(b) would be amended to add the words ``and other 
electronic'' following the word ``radar.'' The Coast Guard agrees. In 
2003, we published a final rule mandating the use of Automatic 
Identification Systems (AIS) on a large number of seagoing vessels. The 
use of AIS is also a SOLAS requirement. Therefore, adding the words 
``and other electronic'' equipment to this section would be consistent 
with the AIS final rule by requiring vessels that are otherwise 
required to have an AIS to use the system for collision avoidance in 
accordance with inland navigation rules. No additional equipment is 
required by vessels as a result of this change. Those vessels required 
by 33 CFR 164.46, or those electing to carry, an AIS are instructed to 
utilize this tool for collision avoidance purposes. This description 
would also allow for future development and use of technology that 
would meet Coast Guard requirements.

E. ``Exhibit an All-round White Light'' Would Be Added to 33 CFR 83.25

    The National Boating Safety Advisory Committee (NBSAC) proposed 
several options to the Coast Guard to reduce the risk of vessel 
collisions. One of the options that NBSAC proposed was to enhance the 
visibility of smaller vessels and sailing vessels. NAVSAC agreed with 
the NBSAC proposal and recommended that the Coast Guard add the option 
of using an all-round white light as a means for vessels of less than 7 
meters or vessels under oars to advertise their position and help 
prevent collisions. Therefore, in Sec.  83.25(d)(1) and (2), we propose 
to add the following phrase as an option for lighting: ``exhibit an 
all-round white light or.''

F. Proposed Removal of the Contradictory Paragraph (c) in 33 CFR 83.26

    In current 33 CFR 83.26, which concerns lights on vessels engaged 
in fishing other than trawling, there are two contradictory paragraphs, 
both of which are labeled as paragraph (c). The second paragraph (c) is 
the correct version and would remain in this section. We propose to 
remove the contradictory paragraph (c), currently appearing first in 
the regulations, to avoid confusion or inability to choose the correct 
lighting and shapes.

G. Clarifying Language Added To 33 CFR 83.01 To Enumerate Appropriate 
Authorities

    In Rule 1, section 83.01, paragraph (b)(i), we propose to add the 
following after Regulations: ``for Preventing Collisions at Sea, 1972, 
including annexes currently in force for the United States 
(``International Regulations'').'' This language would clarify what 
international regulations we are referring to throughout the 
regulation.

H. Non-Substantive Changes to Numbering or Citing To Reflect Additions, 
Amendments, and/or To Conform to COLREGS Cites

    Based on the movement of some provisions, addition of new terms, 
and for ease of reference in locating applicable rules, several 
proposed changes would involve re-numbering or correcting cites in 33 
CFR parts 83 through 88.
    Sections 83.03(n) through 83.03(r) and 83.23(d) through 83.23(e) 
would be re-lettered following the insertion of the WIG craft language. 
Section 83.35(j) and 83.35(k) would be re-lettered following the 
insertion of additional vessel applicability language.
    Section 83.24(c) would be amended to reference the correct cite to 
(i) instead of (1). Paragraph (b) in Sec.  83.08 would be amended to 
add ``and/'' after ``course'' in both instances so as to correspond to 
COLREGS language.
    To correspond to COLREGS numbering, Sec.  83.18(d) would be 
reserved, thereby requiring the current paragraph (d) to be re-lettered 
as (e). Sections 83.03(h), 83.26(g)(ii)(2), and 83.35(d) are also 
reserved to correspond to COLREGS which also necessitate changes in 
paragraph lettering.
    Parts 84 through 88, collectively the annexes, would be re-numbered 
in their entirety to correspond to the COLREGS numbering system because 
all inland navigation rules have been moved into the CFR. Two of the 
annexes, parts 85 and 88, would be reserved for use at a later date 
because the provisions of these annexes would be moved to part 83. 
Citations to the applicable annexes would be added to the following for 
easy reference: Sec. Sec.  83.22, 83.27, 83.32, 83.33, 83.34, 83.37, 
and 83.38.
    In addition to the other non-substantive changes, numbers would be 
replaced with roman numerals, lists would begin with lowercase letters, 
headings would be removed, and terms in the definition sections would 
be italicized instead of using quotations to model the domestic format 
after the international format. The format changes are necessary to 
reduce confusion for the maritime community by making the domestic and 
international rules uniform. Additionally, the non-substantive changes 
would make for easy reference of the domestic and international rules 
because the numbering scheme would be identical to the extent 
practicable.

VI. Regulatory Analyses

    We developed this proposed 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. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and

[[Page 52180]]

equity). Executive Order 13563 emphasizes the importance of quantifying 
both costs and benefits, of reducing costs, of harmonizing rules, and 
of promoting regulatory flexibility and further requires agencies to 
adapt rules that are outdated or outmoded. This rule does that, 
removing contradictory language, expanding options for compliance, 
allowing for new technologies and removing outdated equipment from our 
regulations. This NPRM has not been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget. A draft regulatory assessment follows:
    As stated in section V. Discussion of Proposed Rule of this 
preamble, this NPRM would update existing regulations to those of 
COLREGS, incorporate provisions suggested by NAVSAC, and add language 
regarding federalism, based on President Obama's 2009 memo and EO 
13132. The proposed regulations fall under two categories: Harmonizing 
and discretionary. Harmonizing changes include provisions associated 
with the Presidential memo and COLREGS. Discretionary provisions are 
those recommended by NAVSAC.
Alternatives Considered
    Alternative 1--No Action. We rejected this alternative, as this 
alternative would ensure that the current differences between the 
domestic and international navigation rules continue, creating 
potential navigational errors and potential for mishaps, and would not 
be consistent with the Coast Guard's commitment to conform the inland 
navigation rules with the COLREGs as much as practicable. The proposed 
alternative incorporates regulations that are less stringent than the 
current regulations while maintaining the benefits of the current 
regulations.
    Alternative 2--Incorporation of burden increasing NAVSAC 
recommendations. Alternative 2 would include all the changes in the 
proposed alternative and two additional changes recommended by NAVSAC. 
Those additional changes, which would increase the burden on the 
regulated community and expand the affected population, are as follows:
    1. Lighting of gas pipelines (33 CFR 88.15). A 1991 NAVSAC 
resolution proposed lighting gas pipelines in a manner similar to that 
done with dredge pipelines as described in 33 CFR 88.15. However, the 
Department of Transportation's Pipeline and Hazardous Material Safety 
Administration has since published regulations affecting some of the 
gas pipelines that necessitated the original NAVSAC resolution. 
Additional study is now needed to determine if current regulations have 
effectively decreased the number of incidents and whether further Coast 
Guard regulatory action is required.
    2. The requirement that vessels greater than 16 feet must carry the 
inland navigation rules booklet. This provision would expand the 
population of vessels that must carry a copy of the inland navigation 
rules from vessels 12 meters (approximately 39.37 feet) or more in 
length to vessels more than 16 feet long. The Coast Guard rejects this 
recommendation due to a lack of quantifiable benefits to justify a high 
regulatory burden on recreational vessels at this time.
Summary of the Proposed Rule
    Vessels affected by this proposed rule would be vessels traveling 
on inland waters of the United States. At this time, we anticipate a 
small additional cost for future WIG craft to install a light. We 
estimate that there would not be additional costs or burden from the 
other harmonizing or discretionary provisions. A benefit of the 
harmonizing provisions is complying with COLREGS and the Presidential 
memo,. Both harmonizing and discretionary provisions would also provide 
regulatory flexibility to certain vessels. Some of the discretionary 
changes may help to reduce risk of collision. A summary of the 
Regulatory Analysis is provided in Table 2.

               Table 2--Summary of the Regulatory Analysis
------------------------------------------------------------------------
                                     Summary               Summary
          Category               (harmonization)       (discretionary)
------------------------------------------------------------------------
Affected population.........  All vessels           All vessels
                               traveling on inland   traveling on inland
                               waters.               waters.
                              Certain subgroups of  Certain subgroups of
                               vessels (refer to     vessels (refer to
                               Table 3 for           Table 3 for
                               details).             details).
Costs.......................  Costs:..............  Costs: $0.
                              $112 annual.........
                              $1,119 10-year
                               total..
Cost savings* (undiscounted)  Cost savings:
                              $271,642 annual.....
                              $2.72 million 10-
                               year total.
Unquantified benefits.......  Compliance with the   Incorporation of
                               COLREGS and           NAVSAC and NBSAC
                               Presidential memo.    recommendations.
                               Increased             Increased
                               regulatory            regulatory
                               flexibility of        flexibility of
                               regulations to        regulations to
                               certain vessels.      certain vessels.
                                                     Reduction of risk
                                                     of collision for
                                                     certain vessels.
------------------------------------------------------------------------
* Cost savings are uncertain. Our estimate illustrates the maximum cost
  savings that industry would receive.

Affected Population
    This proposed rule would affect vessels on inland waters of the 
United States. Some of the provisions in this proposed rule would 
affect specific subgroups of these vessels. Population groups and 
subgroups affected by this proposed rule are listed in Table 3.

      Table 3--Breakdown of Affected Populations by Provision Type
------------------------------------------------------------------------
                                             Affected by discretionary
   Affected by harmonization provisions              provisions
------------------------------------------------------------------------
Vessels on inland waters.................  Vessels on inland waters.
Subgroups................................  Subgroups

[[Page 52181]]

 
     WIG craft.\2\...............     Sailing vessels of
     Vessels of 12 meters or       less than 7 meters in length
     more, but less than 20 meters in       Vessels under oars
     length.                                Fishing vessels (non-
     New high-speed vessels of 50   trawling).
     meters or more in length.
     Vessels less than 75 meters.
     Vessels 20 meters or more in
     length.
     Vessels equipped with
     radiotelephone alarms or
     radiotelegraph alarms.
     Partially sunken vessels and
     objects being towed in combination.
------------------------------------------------------------------------

Summary of the Impacts of the Proposed Rule on Affected Populations
---------------------------------------------------------------------------

    \2\ Wing-in-Ground craft are low-flying vehicles that use air 
pressure between the wing of the craft and the Earth's surface to 
create lift. While it is capable of flight, given the low altitude 
in which a WIG craft flies, it was incorporated by IMO (and 
consequently, US regulations) as a vessel. For more information 
regarding WIG craft, please refer to the IMO Web site: http://www.imo.org/ourwork/safety/regulations/pages/wig.aspx and this Web 
site dedicated to the discussion of WIG craft: http://www.se-technology.com/wig/index.php.
---------------------------------------------------------------------------

    This proposed rule would modify various sections of 33 CFR parts 83 
through 88 to align domestic regulations with COLREGS, as much as 
practicable, and to incorporate NAVSAC recommendations. In Table 4, we 
provide a summary of the impacts, grouped by provision type and then 
affected population. Please refer to the regulatory text for specific 
changes.

                  Table 4--Summary of Impacts of the Proposed Rule on the Affected Populations
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                  Section(s) and descriptions                          Population           Costs and benefits
----------------------------------------------------------------------------------------------------------------
                                             Harmonizing Provisions
----------------------------------------------------------------------------------------------------------------
                                                Presidential Memo
----------------------------------------------------------------------------------------------------------------
Sec.   83.01(a)......................  States that vessels      All vessels............  Cost: $0 Vessels
                                        must comply with this                             already comply with
                                        proposed rule and that                            the federal
                                        this proposed rule                                regulations. There are
                                        preempts state and                                no state laws that
                                        local laws.                                       conflict with the
                                                                                          federal regulations.
                                                                                         Benefit: Clarifies
                                                                                          federalism and adheres
                                                                                          to the Presidential
                                                                                          memo.
----------------------------------------------------------------------------------------------------------------
                                             Alignment with COLREGS
----------------------------------------------------------------------------------------------------------------
Sec.   83.03(a), Sec.   83.03(m),      Provides operational     WIG craft..............  Cost: $1,119 To install
 Sec.   83.18(f), Sec.   83.23(c),      and lighting                                      an all-round red
 Sec.   83.31.                          requirements for WIG                              light.
                                        craft when operating                             Benefit: Conforms with
                                        on water.                                         COLREGS.
Sec.   83.08(a)......................  Adds the phrase to read  All vessels............  Cost: $0 All vessels
                                        as, ``[Any action                                 must comply with
                                        taken to avoid                                    existing regulations.
                                        collision] shall be                               There are no
                                        taken in accordance                               additional costs to
                                        with the Rules of this                            the modified
                                        part and shall''.                                 regulations in this
                                                                                          part.
                                                                                         Benefit: Conforms with
                                                                                          COLREGS.
Sec.   83.33(a), Part 86, subpart B..  Removes the need for a   New vessels 12 meters    Cost Savings: $299 per
                                        bell.                    or more in length, but   vessel, $2.72 million
                                                                 less than 20 meters in   over 10 years.
                                                                 length.                 Benefits: More lenient
                                                                                          requirement. Conforms
                                                                                          with COLREGS.
Sec.   83.35(i)......................  If the vessel is         New vessels 12 meters    Cost: $0 Applies to the
                                        equipped with a bell     or more in length, but   use of existing bells.
                                        and the bell is used,    less than 20 meters in   The use of bells is
                                        the sound must be made   length.                  optional.
                                        at 2-minute intervals.
                                                                                         Benefits: Reduces risk
                                                                                          of collision if proper
                                                                                          sound signal is used
                                                                                          during reduced
                                                                                          visibility. Conforms
                                                                                          with COLREGS.
----------------------------------------------------------------------------------------------------------------

[[Page 52182]]

 
Sec.   84.13, Sec.   84.24...........  Allows an optional       New high-speed vessels   Cost: $0 Does not
                                        modification to the      of 50 meters or more     require additional
                                        masthead lighting..      in length.               lights or
                                       Moves section to 33 CFR                            modifications to
                                        84.13.                                            existing lights.
                                                                                         Benefits: Makes
                                                                                          lighting requirements
                                                                                          more lenient.
                                                                                         Accommodates new
                                                                                          vessels with novel
                                                                                          designs. Conforms with
                                                                                          COLREGS.
Part 86, subpart A...................  Expands the acceptable   Vessels of less than 75  Cost: $0 Does not
                                        range for fundamental    meters in length.        require vessels to buy
                                        frequencies. Vessels                              a new whistle.
                                        have the option of                               Benefits: less
                                        purchasing a greater                              stringent standards
                                        range of whistles with                            allows for greater
                                        different ranges than                             options of whistles
                                        previously allowed.                               for new vessels.
                                                                                          Conforms with COLREGS.
                                       Reduces the required     Vessels of 20 meters or  .......................
                                        frequencies for          more in length.
                                        vessels of 20 meters
                                        or greater.
33 CFR Part 87.......................  Radiotelegraph and       Vessels equipped with    Cost: $0
                                        radiotelephone alarms    radiotelephone alarms   Radiotelegraphs are
                                        would no longer be       or radiotelegraph        obsolete.\3\
                                        accepted as approved     alarms.                  Radiotelephones can be
                                        distress calls.                                   used, but not their
                                                                                          alarms. Does not
                                                                                          require equipment
                                                                                          replacement.
                                       Adds Digital Selective                            Benefit: Updates the
                                        Calling, INMARSAT, and                            list of approved
                                        other mobile satellite                            distress signal
                                        service provider ship                             equipment to
                                        to Earth stations.                                incorporate the latest
                                                                                          technologies. Conforms
                                                                                          with COLREGS.
Part 83.24(g)........................  Partially sunken         Partially submerged      Cost: $0 Lighting and
                                        vessels and objects      vessels and other        shape requirements for
                                        being towed in           objects being towed,     partially submerged
                                        combination.             in combination, would    vessels or other
                                                                 comply with lighting     objects are already
                                                                 and shape requirements.  outlined. This rule
                                                                                          uses same requirements
                                                                                          if towing more than
                                                                                          one at a time.
                                                                                         Benefits: Conforms with
                                                                                          COLREGS.
Sec.   83.03(m)-(q), Sec.   83.08(a),  Renumbers or moves                                Cost: $0 Changes
 Sec.   83.09, Sec.   83.18(d), Sec.    regulations without                               include removal of
  83.18(e), Sec.   83.20(e), Sec.       substantive changes in                            headings, moving
 83.23(c)-(d), Sec.   83.24(c)(1),      order to align text                               sections to other
 Sec.   83.35(i)-(j). Part 84-ANNEX     with that of COLREGS.                             locations, or
 I, Sec.   85-ANNEX II, Part 86-ANNEX                                                     renumbering. Provides
 III, Part 87-ANNEX IV, Part 88-ANNEX                                                     no additional
 V, Sec.   88.03, Sec.   88.05, Sec.                                                      requirements to
  88.09, Sec.   88.11, Sec.   88.12,                                                      industry.
 Sec.   88.13, Sec.   88.15.                                                             Benefits: Adherence to
                                                                                          COLREGS formatting.
                                                                                          Simplifies use between
                                                                                          COLREGS and the CFR.
----------------------------------------------------------------------------------------------------------------
                                            Discretionary Provisions
----------------------------------------------------------------------------------------------------------------
Sec.   83.07(b)......................  Vessels with navigation  All vessels............  Cost: $0 Current
                                        technology must use it                            industry practices
                                        for collision                                     already use these
                                        avoidance purposes.                               types of navigational
                                                                                          equipment.
                                                                                         Benefit: Expands option
                                                                                          of auxiliary
                                                                                          navigational
                                                                                          equipment. If
                                                                                          equipment is installed
                                                                                          and used, it can
                                                                                          reduce risk of
                                                                                          collisino.
                                                                                          Incorporates NAVSAC
                                                                                          recommendations.
Sec.   83.25(d)......................  Allows the optional use  Sailing vessels of less  Cost: $0 Vessels can
                                        of an all-round white    than 7 meters in         use additional
                                        light.                   length.                  lighting in the form
                                                                                          of an all-round white
                                                                                          light.
                                                                Vessels under oars.....   Does not require the
                                                                                          purchase of additional
                                                                                          equipment.
                                                                                         Benefits: Allows for
                                                                                          more lighting options
                                                                                          for better visibility.
                                                                                          Incorporates NAVSAC
                                                                                          and NBSAC
                                                                                          recommendations.
Sec.   83.26(c)......................  Removes contradictory    Fishing vessel (non-     Cost: $0 Removes
                                        requirement. Provides    trawling).               contradictory
                                        clear standard.                                   statement.
                                                                                         Benefit: Provides a
                                                                                          clear standard.
----------------------------------------------------------------------------------------------------------------


[[Page 52183]]

Costs
---------------------------------------------------------------------------

    \3\ By 1995, the Coast Guard considered telegraph to be 
obsolete. http://www.gpo/fdsys/pkg/FR-1995-01-27/pdf/95-2092.pdf
---------------------------------------------------------------------------

    As stated in section III. Basis and Purpose of this preamble, the 
primary purpose of this proposed rule is to harmonize existing domestic 
law with the current international law.
    Most of the provisions harmonize the CFR with COLREGs by moving 
sections to different locations, renumbering, or reformatting.\4\ There 
are six changes to COLRREGS that affect specific vessels. The first 
change incorporates WIG craft into the population of affected vessels. 
The second change removes the need for a bell, particularly for new 
vessels of 12 meters or greater, but less than 20 meters. The third 
COLREGS provisions modify sound requirements for certain vessels. The 
fourth change modifies the formula for lighting requirements for high-
speed vessels. The fifth significant COLREGS provision removes 
radiotelegraphs and radiotelephones as approved equipment for distress 
calls. The sixth and final change adds language about the combination 
of partially submerged vessels.
---------------------------------------------------------------------------

    \4\ International Maritime Organization. Convention On the 
International Regulations For Preventing Collisions at Sea, 2003 
(Consolidated Edition 2003). www.imo.org.
---------------------------------------------------------------------------

    A more detailed description of these changes is outlined in the 
following paragraphs. One other harmonizing change adds a preemption 
provision explaining that the codified regulation preempts state or 
local law within the same field. This provision complies with the 
Presidential memorandum and EO 13132, which requires executive agencies 
to ensure that its preemption statements have a sufficient legal basis 
and to make explicit in the codified regulation its intention to 
preempt State law, but does not change the compliance standards for 
vessels.
    1. Wing-in-Ground (WIG) Craft. As stated in the preamble of this 
NPRM, there are ongoing prototype and feasibility testing in the United 
States for WIG crafts. While we do not have any information as to the 
success rate of these tests, we assume that even prototype versions may 
be tested on inland waters or that some of them would successfully pass 
testing.
    Given the existence of prototype testing and the possibility of one 
being successful, we estimate that there may be one new vessel 
operating on inland waters in any given year.\5\ Assuming that there 
may be one WIG craft in any given year, the incremental cost is to 
install an all-round, high-intensity red light.
---------------------------------------------------------------------------

    \5\ There has been some experimentation in developing WIG craft 
in some other countries, which would explain the additional language 
to incorporate WIG craft into regulation. Currently, there are only 
3 currently in existence internationally. News regarding the 
Singaporean-flagged WIG craft: http://www.wigetworks.com/pdf/Press_Release-MV_Airfish_8_Christening_Ceremony.pdf. News regarding 
the two Korean WIG craft: http://articles.maritimepropulsion.com/article/Wing-in-Gound-Effect-Craft-e28093-Furure-is-Here-Say-Korean-Shipbuilders41727.aspx.
---------------------------------------------------------------------------

    We then calculated cost to install the required light for WIG craft 
masthead light based on the growth rate (one vessel annually), 
multiplied by the cost of the light (one light required per vessel), 
and determined that this section of the proposed rule would provide a 
total undiscounted cost of $1,119.\6\ Table 5 describes the costs in 
terms of per vessel, annual savings, and total undiscounted cost.
---------------------------------------------------------------------------

    \6\ The average cost for an all-round red light is: $112. The 
low cost is: $70 http://www.go2marine.com/item/16246/series-40-all-round-navigation-lights-40004.html?WT.mc_id=gb1&utm_source=googlebase&utm_medium=productfeed&utm_campaign=googleshopping. The high cost is $153 http://
shop.sailboatowners.com/prod.php?5910/Series+32+All-
Round+LED+Lights.

              Table 5--Per Vessel, Average, Recurring, Total 10-year Undiscounted/Discounted Costs
----------------------------------------------------------------------------------------------------------------
                                                                Total 10-year
      Future vessel population (annual)          Per vessel      undiscounted    7% Discounted    3% Discounted
                                                    cost             cost         10-year cost     10-year cost
----------------------------------------------------------------------------------------------------------------
1...........................................             $112           $1,119             $786             $954
----------------------------------------------------------------------------------------------------------------
Note: numbers may not add due to rounding.

    Table 8 provides the breakdown of cost, both undiscounted and 
discounted (at 3 and 7 percent rates), over the 10-year period of 
analysis.

                            Table 6--Total 10-year Undiscounted and Discounted Costs
----------------------------------------------------------------------------------------------------------------
                                                                                 7% Discounted    3% Discounted
                             Year                                Undiscounted        costs            costs
----------------------------------------------------------------------------------------------------------------
Year 1.......................................................             $112             $105             $109
Year 2.......................................................              112               98              105
Year 3.......................................................              112               91              102
Year 4.......................................................              112               85               99
Year 5.......................................................              112               80               97
Year 6.......................................................              112               75               94
Year 7.......................................................              112               70               91
Year 8.......................................................              112               65               88
Year 9.......................................................              112               61               86
Year 10......................................................              112               57               83
                                                              --------------------------------------------------
    Total....................................................            1,119              786              954
Annualized...................................................              112              112              112
----------------------------------------------------------------------------------------------------------------


[[Page 52184]]

    2. New vessels of 12 meters or more, but less than 20 meters, in 
length. One of the provisions in this NPRM removes the need for bells 
on vessels of 12 meters or more, but less than 20 meters, in length. 
This means that existing vessels of such length have the option of 
removing their bells, but are not required to do so. There is no cost 
to existing vessels since the provision does not require additional 
equipment or changes, nor does it require the removal of existing 
equipment. We estimate potential cost savings for new vessels using the 
assumption that owners would choose to follow this new provision and 
not install a bell. In other words, our estimate illustrates the 
maximum cost savings that industry would receive.
    In order to estimate the cost savings from not installing bells, we 
took a high range cost and a low range cost to calculate the average 
retail price of a bell ($299) to represent potential costs incurred by 
the owner should the owner choose to purchase and install a bell.\7,8\ 
We then estimated the future growth rate based on the build years of 
vessels listed in the Marine Information for Safety and Law Enforcement 
database from the years 2008 to 2011. During this time, 3,628 vessels 
were built in the 12-20 meter size range at an average rate of 907 
annually (or 0.01 percent of the total population). We then calculated 
cost savings to industry based on the growth rate, multiplied by the 
cost of a bell, and determined that this section of the proposed rule 
would provide a 10-year total undiscounted cost savings of $2.72 
million. Table 7 describes the savings in terms of per vessel, annual 
savings, and total undiscounted savings.
---------------------------------------------------------------------------

    \7\ The cost to purchase an 8-inch bell is based on publically 
available information. Costs range between $109 and $489, making the 
average cost price $299. Date accessed April 2012. Low cost: http://www.westmarine.com/webapp/wcs/stores/servlet/ProductDisplay?productId=101003&catalogId=10001&langId=-1&storeId=11151&storeNum=50751&subdeptNum=50765&classNum=50766. High 
cost: http://www.wmjmarine.com/34437.html.
    \8\ Based on subject matter experts including industry and Coast 
Guard, manufacturers of recreational vessels do not install bells on 
the vessels. In order to comply with current regulations, owners 
would purchase a bell 200 mm in diameter (approx. 8 inches) on the 
retail market and install it themselves.

   Table 7--Per Vessel (Greater Than or Equal to 12 Meters, but Less Than 20 Meters in Length), Recurring, and
                                        Total 10-year Undiscounted Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Total 10-year
              Future vessel population (annual)                   Per vessel      Annual cost      undiscounted
                                                                 cost savings       savings        cost savings
----------------------------------------------------------------------------------------------------------------
907..........................................................             $299         $271,642       $2,716,420
----------------------------------------------------------------------------------------------------------------
Note: numbers may not add due to rounding.

    Table 8 provides the breakdown of cost savings, both undiscounted 
and discounted (at 3 and 7 percent rates), over the 10-year period of 
analysis.

                               Table 8--10-year Undiscounted and Discounted Rates
----------------------------------------------------------------------------------------------------------------
                                                                                  7% Discount      3% Discount
                             Year                                Undiscounted        rates            rates
----------------------------------------------------------------------------------------------------------------
Year 1.......................................................         $271,642         $253,871         $263,730
Year 2.......................................................          271,642          237,263          256,049
Year 3.......................................................          271,642          221,741          248,591
Year 4.......................................................          271,642          207,234          241,350
Year 5.......................................................          271,642          193,677          234,321
Year 6.......................................................          271,642          181,007          227,496
Year 7.......................................................          271,642          169,165          220,870
Year 8.......................................................          271,642          158,098          214,437
Year 9.......................................................          271,642          147,755          208,191
Year 10......................................................          271,642          138,089          202,127
                                                              --------------------------------------------------
    Total....................................................       $2,716,420       $1,907,899       $2,317,161
Annualized...................................................         $271,642         $271,642         $271,642
----------------------------------------------------------------------------------------------------------------

    3. Sound requirements based on the length of a vessel. Other 
modifications to sound requirements include the usage of a bell on 
certain vessels, and the relaxation of frequency standards for other 
vessels. As stated in the paragraphs dealing with cost savings, vessels 
of 12 meters or more in length are not required to have a bell. Should 
the owner choose to retain the bell and then decide to use it, the bell 
must be used at 2-minute intervals.
    For whistles used on vessels of less than 75 meters in length, the 
acceptable range for frequencies would be expanded. This provision does 
allow for the purchase of whistles that sound in the newly expanded 
ranges. The required sound pressure levels for vessels of 20 meters or 
more in length would also be relaxed. Currently, whistles for these 
vessels need to project the appropriate sound pressure levels measured 
at multiple frequency ranges. Our proposed rule would require the 
whistle to obtain a single minimum sound pressure level, which is based 
on the vessel's length, and is measured at only one frequency range.
    There would be no cost for this provision as this does not require 
the replacement of an existing whistle as those would still be within 
the proposed standards. Instead, purchasers of new whistles would have 
greater whistle options.
    4. High-speed Craft. The proposed lighting requirement replaces the 
established formula for placement of masthead lighting for new, high-
speed vessels of 50 meters or greater in length

[[Page 52185]]

with length to beam ratios greater than 3. This proposed formula, if 
promulgated would set a lower minimum height for the main masthead 
light than the current U.S. formula. This modification is needed 
because wide, high speed vessels often operate with some angle of 
trim,\9\ which makes complying with the original formula onerous. The 
proposed formula accounts for trim, and aligns U.S. regulation with 
international standards. We anticipate that this proposed formula would 
not change the lighting requirements for existing vessels as the 
proposed formula is less strict about the height of the masthead 
(forward and main mast). We also anticipate that this requirement will 
maintain an equivalent level of safety as that provided by the current 
formula for mast head height.
---------------------------------------------------------------------------

    \9\ Angle of trim describes the orientation of a vessel with 
respect to the water. For example, zero trim occurs when the fore 
and aft drafts are the same.
---------------------------------------------------------------------------

    5. Radiotelegraphs and Radiotelephones alarms and updates to 
approved emergency distress call equipment. Another COLREGS change 
involves the removal of radiotelegraph alarms and radiotelephone alarms 
as approved equipment for announcing distress except via Morse Code 
SOS. This type of equipment is currently obsolete and is no longer used 
by industry. Also, this change was made in SOLAS V in 1999. It was also 
instituted domestically by the Coast Guard since the 1990s and has been 
in effect since then.\10\ We found no companies that use this equipment 
for distress signals. Since no vessel uses this equipment, there is no 
cost to purchase new equipment and no cost to remove this reference.
---------------------------------------------------------------------------

    \10\ http://www.gpo.gov/fdsys/pkg/FR-1995-01-27/pdf/95-2092.pdf.
---------------------------------------------------------------------------

    6. Partially sunken vessels and objects being towed in combination. 
Currently, partially submerged vessels or objects being towed must 
follow certain lighting and shape requirements. This provision would 
state that any combination of these two items being towed would also 
need to follow the same lighting and shape requirements. The main 
intent of this change is to conform with COLREGS. This provision was 
listed in COLREGS, but was accidentally left out when the provision was 
transferred to our regulations. Combinations of towed objects may be 
lit the same as individual objects. This means there are no additional 
lighting requirements that exist for combinations that didn't exist for 
individuals.
    Other harmonizing changes to the CFR are non-substantive and simply 
align current regulations to match the formatting of COLREGS (refer to 
Table 4 for the summary of these non-substantive changes). Overall, we 
estimate that the harmonizing provisions of this proposed rule would 
have no cost to industry.
    As noted above, there is a second category of changes being 
proposed by this NPRM, which recommendations from NAVSAC. These changes 
represent discretionary actions on the part of the Coast Guard. The 
recommended changes from NAVSAC allow for the use of additional 
equipment as a means of reducing risk of collision. Specifically, 
NAVSAC recommended the optional use of an all-round white light. NAVSAC 
also recommended changes to navigation requirements. Vessels would have 
the option of using the latest technology in navigational equipment 
besides radar, requiring that if such equipment is installed, it must 
be used for collision avoidance. As optional requirements, the Coast 
Guard anticipates that only those vessel owners/operators that foresee 
a benefit (safety or otherwise) greater than costs would install such a 
light--neither of these costs nor benefits are estimated here. Also, 
because neither of these changes would require the purchase of new 
equipment, they do not carry any costs.
    One final change proposed by this NPRM is to correct contradictory 
requirements that currently exist in the CFR regarding the placement of 
lights. 33 CFR 83.26 Paragraph (c) defines the lights used by a vessel 
engaged in fishing other than trawling. The first paragraph (c), which 
was correct in U.S.C. and only was inadvertently changed in 2010 when 
the Inland Navigation Rules were transferred to CFR, describes the 
lights for vessels engaged in trawling which are correctly defined in 
paragraph (b). The second paragraph (c) correctly describes the lights 
required by vessels engaged in fishing other than trawling. Should 
vessel owners try to comply with both requirements, there would be no 
replacement cost because they would be complying with the correct one. 
In the event that vessel owners were confused as to which paragraph (c) 
to follow, we assume that owners would have verified which one by 
checking COLREGS. Since this change will not require the purchase of 
additional equipment, but rather reduce confusion in regulation, this 
change would not require an additional cost burden to vessel owners.
    Since the overall impact of this proposed rule is to relax existing 
requirements on certain vessels, the only cost in this proposed rule is 
the cost to install an all-round red light on future WIG craft. Since 
the remaining changes would not involve a change in compliance 
standards, there are no costs associated with the other requirements.
Benefits
    Benefits from harmonizing current inland navigation rules with the 
COLREGS would be ensuring that the United States, as a signatory to the 
COLREGS, aligns its domestic regulations as close as practicable to the 
international standards. Publishing these regulations in the CFR 
provides greater awareness to the public of changes to the COLREGS and 
allows for greater public input in terms of its application to inland 
navigation. Modifying the format and numbering of the regulations to 
match the formatting and numbering of COLREGS allows for ease of use in 
terms of referencing either document for requirements.
    The more significant COLREGS changes primarily expand current 
options available for vessels to use, particularly for those dealing 
with lighting and sound. As a result, vessel owners or operators would 
find it easier to comply with the proposed regulations than with the 
existing ones.
    Specific benefits from the more significant COLREGS changes are as 
follows:
    1. Wing-in-Ground (WIG) Craft. Adding WIG craft to the list of 
vessels conforms with COLREGS. Given the possibility of future growth, 
these changes provide WIG craft guidance on navigation and lighting.
    2. New vessels of 12 meters or more, but less than 20 meters, in 
length. Vessels of this length no longer need a bell. Not having a bell 
provides greater regulatory flexibility. If the vessel has a bell, the 
vessel must use it properly. Proper usage of a bell reduces risk of 
collision if proper sound signal is used during reduced visibility.
    3. Sound requirements based on the length of a vessel. This change 
expands the acceptable range for fundamental frequencies, which 
provides less stringent standards and allows for greater options of 
whistles for new vessels.
    4. High-speed Craft. The proposed regulation changes the lighting 
formula, making lighting requirements more lenient by accommodating new 
vessels with novel designs. This change conforms with COLREGS.
    5. Radiotelegraphs and Radiotelephones alarms and updates to 
approved emergency distress call equipment. This change provides 
regulatory flexibility by updating the list of approved distress signal 
equipment to

[[Page 52186]]

incorporate the latest technologies and remove outdated ones.
    6. Partially sunken vessels and objects being towed in combination. 
Objects being towed must follow certain lighting and shape 
requirements. Towing multiple or combinations of such vessels and 
objects would also need to follow the same lighting and shape 
requirements. This conforms with COLREGS.
    This proposed rule also includes benefits from incorporating NAVSAC 
and NBSAC recommended regulations. NAVSAC recommended the optional use 
of an all-round white light. Should owners opt to install an all-round 
white light to a vessel of less than 7 meters in length or a vessel 
under oars, the benefit would be greater visibility for that vessel. 
Greater visibility would reduce the risk of collision, particularly in 
the period between sunset and sunrise and during periods of reduced 
visibility.
    NAVSAC also recommended changes to navigation requirements, such as 
requiring vessels to use navigation technology for collision avoidance 
purposes. Adopting the requirement to use already installed 
navigational technology for collision avoidance purposes reduces the 
risk of a collision.
    Finally this NPRM proposes fixing an erroneous, contradictory 
provision in the regulations. Removing the contradictory paragraph 
provides a clear standard that vessel owners can follow.
    All of these recommendations would provide greater regulatory 
flexibility as a means of reducing risk of collision.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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.
    As discussed in the cost section of this regulatory analysis, the 
primary purpose of this proposed rule is to align existing domestic law 
with international law, but there are also discretionary proposals 
included in this NPRM. Compliance with both harmonizing and 
discretionary provisions would not require any additional burden to 
vessel owners, including small entities. Most harmonizing changes would 
be made to use consistent formatting between the CFR and COLREGS, which 
in turn provides ease of use for owners. New vessels would have greater 
options in terms of lighting modifications, navigation equipment, and 
sound equipment.
    Discretionary changes would also provide greater regulatory 
flexibility to small entities in terms of allowing the use of optional 
lighting and additional navigational equipment. We conclude that there 
would be no additional costs to small entities complying with this 
proposed rule. There would be a cost savings for vessel manufacturers 
who would no longer need to install a bell for vessels of equal to or 
more than 12 meters, but less than 20 meters, in length. The only cost 
of the proposed rule would be for one new WIG craft a year to install 
an all-round, high-intensity red light for about $112.\5\ Currently, we 
estimate there are no small entities affected by this proposed rule 
that plan to operate new WIG crafts.
---------------------------------------------------------------------------

    \5\ There has been some experimentation in developing WIG craft 
in some other countries, which would explain the additional language 
to incorporate WIG craft into regulation. Currently, there are only 
3 currently in existence internationally and none in the U.S. News 
regarding the Singaporean-flagged WIG craft: http://www.wigetworks.com/pdf/Press_Release-MV_Airfish_8_Christening_Ceremony.pdf. News regarding the two Korean WIG craft: http://articles.maritimepropulsion.com/article/Wing-in-Gound-Effect-Craft-e28093-Future-is-Here-Say-Korean-Shipbuilders41727.aspx.
---------------------------------------------------------------------------

    As there are small costs and a net cost savings associated with 
this proposed rule, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposed rule, if promulgated, would not have a significant 
economic impact on a substantial number of small entities. If you think 
that your business, organization, or governmental jurisdiction 
qualifies as a small entity and that this rule would have a significant 
economic impact on it, please submit a comment to the Docket Management 
Facility at the address under ADDRESSES. In your comment, explain why 
you think it qualifies and how and to what degree this rule would 
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult LCDR Megan Cull by 
phone at, (202) 372-1565 or via email at Megan.L.Cull@uscg.mil. 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).

D. Collection of Information

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

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. In 33 U.S.C. 2071, Congress 
specifically granted to the Secretary the authority to prescribe 
``inland navigation regulations applicable to all vessels upon the 
inland waters of the United States and technical annexes that are as 
consistent as possible with the respective annexes to the International 
Regulations.'' As this proposed rulemaking would update existing inland 
navigation regulations, it falls within the scope of authority Congress 
granted exclusively to the Secretary and States may not regulate within 
this category.

F. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

[[Page 52187]]

G. Taking of Private Property

    This proposed rule would 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.

H. Civil Justice Reform

    This proposed 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.

I. Protection of Children

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

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

K. Energy Effects

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use. The Coast Guard has 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.

L. Technical Standards

    The National Technology Transfer and Advancement Act (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, 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under the ``Public Participation and Request for 
Comments'' section of this preamble. This rule is likely to be 
categorically excluded under section 2.B.2, figure 2-1, paragraph 
(34)(i) of the Instruction and 6(a) of the Federal Register, Vol. 67, 
No. 141, Tuesday, July 23, 2002, page 48243. This rule involves 
regulations that are in aid of navigation, such as those concerning the 
rules of the road, COLREGS, bridge-to-bridge communications, vessel 
traffic services, and marking of navigation systems. An environmental 
analysis checklist is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects

33 CFR Part 83

    Navigation (water), Waterways.

33 CFR Part 84

    Incorporation by reference, Navigation (water), Waterways.

33 CFR Part 85

    Fishing vessels, Navigation (water), Waterways.

33 CFR Part 86

    Navigation (water), Waterways.

33 CFR Part 87

    Navigation (water), Waterways.

33 CFR Part 88

    Navigation (water), Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 83 through 88 as follows:

TITLE 33: NAVIGATION AND NAVIGABLE WATERS

    1. Revise part 83 to read as follows:

PART 83--RULES

Subpart A--General
Sec.
83.01 Application (Rule 1).
83.02 Responsibility (Rule 2).
83.03 General 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).
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).


[[Page 52188]]


    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) 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. The regulations in this subchapter have preemptive effect 
over State or local regulation within the same field.
    (b)(i) These Rules constitute special rules made by an appropriate 
authority within the meaning of Rule 1(b) of the International 
Regulations for Preventing Collisions at Sea, 1972, including annexes 
currently in force for the United States (``International 
Regulations'').
    (ii) All vessels complying with the construction and equipment 
requirements of the International Regulations are considered to be in 
compliance with these Rules.
    (c) 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 separation schemes may be established for the purpose 
of these Rules. Vessel traffic service regulations may be in effect in 
certain areas.
    (e) 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) The Secretary may accept a certificate of alternative 
compliance issued by a contracting party to the International 
Regulations if it determines that the alternative compliance standards 
of the contracting party are substantially the same as those of the 
United States.
    (g) The operator of each self-propelled vessel 12 meters or more in 
length shall carry on board and maintain for ready reference a copy of 
these Rules.


Sec.  83.02  Responsibility (Rule 2).

    (a) 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) 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  General definitions (Rule 3).

    For the purpose of these Rules and this chapter, except where the 
context otherwise requires:
    (a) The word vessel includes every description of water craft, 
including nondisplacement craft, WIG craft and seaplanes, used or 
capable of being used as a means of transportation on water;
    (b) The term power-driven vessel means any vessel propelled by 
machinery;
    (c) The term sailing vessel means any vessel under sail provided 
that propelling machinery, if fitted, is not being used;
    (d) The term 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) The word seaplane includes any aircraft designed to maneuver on 
the water;
    (f) The term 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) The term 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:
    (i) A vessel engaged in laying, servicing, or picking up a 
navigation mark, submarine cable, or pipeline;
    (ii) A vessel engaged in dredging, surveying, or underwater 
operations;
    (iii) A vessel engaged in replenishment or transferring persons, 
provisions, or cargo while underway;
    (iv) A vessel engaged in the launching or recovery of aircraft;
    (v) A vessel engaged in mine clearance operations; and
    (vi) 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) [Reserved]
    (i) The word underway means that a vessel is not at anchor, or made 
fast to the shore, or aground;
    (j) The words length and breadth of a vessel mean her length 
overall and greatest breadth;
    (k) Vessels shall be deemed to be in sight of one another only when 
one can be observed visually from the other;
    (l) The term restricted visibility means any condition in which 
visibility is restricted by fog, mist, falling snow, heavy rainstorms, 
sandstorms, or any other similar causes;
    (m) The term Wing-In-Ground (WIG) craft means a multimodal craft 
which, in its main operational mode, flies in close proximity to the 
surface by utilizing surface-effect action;
    (n) 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 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;
    (o) 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

[[Page 52189]]

Saint Lawrence River as far east as the lower exit of Saint Lambert 
Lock;
    (p) Secretary means the Secretary of the Department in which the 
Coast Guard is operating;
    (q) 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;
    (r) 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
    (s) 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:
    (i) The state of visibility;
    (ii) The traffic density including concentration of fishing vessels 
or any other vessels;
    (iii) The maneuverability of the vessel with special reference to 
stopping distance and turning ability in the prevailing conditions;
    (iv) At night, the presence of background light such as from shores 
lights or from back scatter of her own lights;
    (v) The state of wind, sea, and current, and the proximity of 
navigational hazards; and
    (vi) The draft in relation to the available depth of water.
    (b) Additionally, by vessels with operational radar:
    (i) The characteristics, efficiency and limitations of the radar 
equipment;
    (ii) Any constraints imposed by the radar range scale in use;
    (iii) The effect on radar detection of the sea state, weather, and 
other sources of interference;
    (iv) The possibility that small vessels, ice and other floating 
objects may not be detected by radar at an adequate range;
    (v) The number, location, and movement of vessels detected by 
radar; and
    (vi) 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) 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) Proper use shall be made of radar and other electronic 
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) Assumptions shall not be made on the basis of scanty 
information, especially scanty radar information.
    (d) In determining if risk of collision exists the following 
considerations shall be among those taken into account:
    (i) Such risk shall be deemed to exist if the compass bearing of an 
approaching vessel does not appreciably change; and
    (ii) 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) Any action taken to avoid collision shall be taken in 
accordance with the Rules of this Part and 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) Any alteration of course and/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 and/or speed should be avoided.
    (c) 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 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) 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)(i) 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.
    (ii) 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.
    (iii) 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)(i) A vessel proceeding along the course of a narrow channel or 
fairway shall keep as near to the outer limit of the channel or fairway 
which lies on her starboard side as is safe and practicable.
    (ii) Notwithstanding paragraph (a)(i) of this Rule 9 and Rule 14(a) 
(33 CFR 83.14(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)(i) (33 CFR 83.34(a)(i)), as appropriate. The 
vessel proceeding upbound against the current shall hold as necessary 
to permit safe passing.
    (b) 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) A vessel engaged in fishing shall not impede the passage of any 
other vessel navigating within a narrow channel or fairway.

[[Page 52190]]

    (d) 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) (33 CFR 83.34(d)) if in doubt as to the 
intention of the crossing vessel.
    (e)(i) 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) (33 CFR 83.34(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) (33 CFR 83.34(d)).
    (ii) This Rule does not relieve the overtaking vessel of her 
obligation under Rule 13 (33 CFR 83.13).
    (f) 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) (33 CFR 
83.34(e)).
    (g) Any vessel shall, if the circumstances of the case admit, avoid 
anchoring in a narrow channel.


Sec.  83.10  Traffic separation schemes (Rule 10).

    (a) This Rule 10 applies to traffic separation schemes and does not 
relieve any vessel of her obligation under any other Rule in this part.
    (b) A vessel using a traffic separation scheme shall:
    (i) Proceed in the appropriate traffic lane in the general 
direction of traffic flow for that lane;
    (ii) So far as practicable keep clear of a traffic separation line 
or separation zone;
    (iii) 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) 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)(i) 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.
    (ii) Notwithstanding paragraph (d)(i) of this Rule 10, 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) 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:
    (i) In cases of emergency to avoid immediate danger; or
    (ii) To engage in fishing within a separation zone.
    (f) A vessel navigating in areas near the terminations of traffic 
separation schemes shall do so with particular caution.
    (g) A vessel shall so far as practicable avoid anchoring in a 
traffic separation scheme or in areas near its terminations.
    (h) A vessel not using a traffic separation scheme shall avoid it 
by as wide a margin as is practicable.
    (i) A vessel engaged in fishing shall not impede the passage of any 
vessel following a traffic lane.
    (j) A vessel of less than 20 meters in length or a sailing vessel 
shall not impede the safe passage of a power-driven vessel following a 
traffic lane.
    (k) 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) 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) 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:
    (i) 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;
    (ii) 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
    (iii) 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) 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) Notwithstanding anything contained in Rules 4 through 18 (33 
CFR 83.04 through 83.18)), any vessel overtaking any other shall keep 
out of the way of the vessel being overtaken.
    (b) 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 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) 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) 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) 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) 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) 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) Notwithstanding paragraph (a) of this Rule 14, 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,

[[Page 52191]]

shall propose the manner of passage, and shall initiate the maneuvering 
signals prescribed by Rule 34(a)(i) (33 CFR 83.34(a)(i)), as 
appropriate.


Sec.  83.15  Crossing situation (Rule 15).

    (a) 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) Notwithstanding paragraph (a) of this Rule 15, 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)(i) Where one of two vessels is to keep out of the way, the 
other shall keep her course and speed.
    (ii) 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) 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) A power-driven vessel which takes action in a crossing 
situation in accordance with paragraph (a)(ii) of this Rule 17, 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) 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 (33 CFR 83.09, 83.10, and 83.13)) 
otherwise require:
    (a) A power-driven vessel underway shall keep out of the way of:
    (i) A vessel not under command;
    (ii) A vessel restricted in her ability to maneuver;
    (iii) A vessel engaged in fishing; and
    (iv) a sailing vessel.
    (b) A sailing vessel underway shall keep out of the way of:
    (i) A vessel not under command;
    (ii) A vessel restricted in her ability to maneuver; and
    (iii) A vessel engaged in fishing.
    (c) A vessel engaged in fishing when underway shall, so far as 
possible, keep out of the way of:
    (i) A vessel not under command; and
    (ii) A vessel restricted in her ability to maneuver.
    (d) [Reserved].
    (e) 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.
    (f)(i) A WIG craft shall when taking off, landing and in flight 
near the surface, keep well clear of all other vessels and avoid 
impeding their navigation;
    (ii) A WIG craft operating on the water surface shall comply with 
the Rules of this Part as a power-driven vessel.

Conduct of Vessels in Restricted Visibility


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

    (a) This Rule applies to vessels not in sight of one another when 
navigating in or near an area of restricted visibility.
    (b) 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) Every vessel shall have due regard to the prevailing 
circumstances and conditions of restricted visibility when complying 
with Rules 4 through 10 (33 CFR 83.04 through 83.10)).
    (d) 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:
    (i) An alteration of course to port for a vessel forward of the 
beam, other than for a vessel being overtaken; and
    (ii) An alteration of course toward a vessel abeam or abaft the 
beam.
    (e) 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.

Subpart C--Lights and Shapes


Sec.  83.20  Application (Rule 20).

    (a) Rules in this part shall be complied with in all weathers.
    (b) 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 look-out.
    (c) 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) The Rules concerning shapes shall be complied with by day.
    (e) The lights and shapes specified in these Rules shall comply 
with the provisions of Annex I of these Rules (33 CFR part 84).
    (f) A vessel's navigation lights and shapes may be lowered if 
necessary to pass under a bridge.


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

[[Page 52192]]

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 (33 CFR part 84), so as to be 
visible at the following minimum ranges:
    (a) In a vessel of 50 meters or more in length:

--A masthead light, 6 miles;
--A sidelight, 3 miles;
--A sternlight, 3 miles;
--A towing light, 3 miles;
--A white, red, green or yellow all-round light, 3 miles; and
--A special flashing light, 2 miles.

    (b) In a vessel of 12 meters or more in length but less than 50 
meters in length:

--A masthead light, 5 miles; except that where the length of the vessel 
is less than 20 meters, 3 miles;
--A sidelight, 2 miles;
--A sternlight, 2 miles;
--A towing light, 2 miles;
--A white, red, green or yellow all-round light, 2 miles; and
--A special flashing light, 2 miles.

    (c) In a vessel of less than 12 meters in length:

--A masthead light, 2 miles;
--A sidelight, 1 mile;
--A sternlight, 2 miles;
--A towing light, 2 miles;
--A white, red, green or yellow all-round light, 2 miles; and
--A special flashing light, 2 miles.

    (d) In an inconspicuous, partly submerged vessel or objects being 
towed:

--A white all-round light, 3 miles.


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

    (a) A power-driven vessel underway shall exhibit:
    (i) A masthead light forward;
    (ii) 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;
    (iii) Sidelights; and
    (iv) A sternlight.
    (b) An air-cushion vessel when operating in the non-displacement 
mode shall, in addition to the lights prescribed in paragraph (a) of 
this Rule 23, exhibit an all-round flashing yellow light where it can 
best be seen.
    (c) A WIG craft only when taking off, landing and in flight near 
the surface shall, in addition to the lights prescribed in paragraph 
(a) of this Rule 23, exhibit a high intensity all-round flashing red 
light.
    (d) A power-driven vessel of less than 12 meters in length may, in 
lieu of the lights prescribed in paragraph (a) of this Rule 23, exhibit 
an all-round white light and sidelights.
    (e) 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 23. 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 shall exhibit:
    (i) Instead of the light prescribed either in Rule 23(a)(i) or 
23(a)(ii), 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;
    (ii) Sidelights;
    (iii) A sternlight;
    (iv) A towing light in a vertical line above the sternlight; and
    (v) When the length of the tow exceeds 200 meters, a diamond shape 
where it can best be seen.
    (b) 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 (33 
CFR 83.23).
    (c) A power-driven vessel when pushing ahead or towing alongside, 
except as required by paragraphs (b) and (i) of this Rule 24, shall 
exhibit:
    (i) Instead of the light prescribed either in Rule 23(a)(i) or 
23(a)(ii), two masthead lights in a vertical line;
    (ii) Sidelights;
    (iii) Two towing lights in a vertical line.
    (d) A power-driven vessel to which paragraphs (a) or (c) of this 
Rule 24 apply shall also comply with Rule 23(a)(i) and 23(a)(ii).
    (e) A vessel or object other than those referred to in paragraph 
(g) of this Rule 24 being towed shall exhibit:
    (i) Sidelights;
    (ii) A sternlight; and
    (iii) When the length of the tow exceeds 200 meters, a diamond 
shape where it can best be seen.
    (f) 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 (f)(iii) of this Rule 24--
    (i) A vessel being pushed ahead, not being part of a composite 
unit, shall exhibit at the forward end, sidelights and a special 
flashing light;
    (ii) A vessel being towed alongside shall exhibit a sternlight and 
at the forward end, sidelights and a special flashing light; and
    (iii) 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, or 
combination of such vessels or objects being towed, shall exhibit:
    (i) If it is less than 25 meters in breadth, one all-round white 
light at or near each end;
    (ii) If it is 25 meters or more in breadth, four all-round white 
lights to mark its length and breadth;
    (iii) If it exceeds 100 meters in length, additional all-round 
white lights between the lights prescribed in paragraphs (g)(i) and 
(ii) of this Rule 24 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;
    (iv) A diamond shape at or near the aftermost extremity of the last 
vessel or object being towed;
    (v) The towing vessel may direct a searchlight in the direction of 
the tow to indicate its presence to an approaching vessel.
    (h) 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 24, 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.

[[Page 52193]]

    (i) Notwithstanding paragraph (c) of this Rule 24, 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) of this Rule 
24 applies, shall exhibit:
    (i) Sidelights; and
    (ii) Two towing lights in a vertical line.
    (j) 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 24, 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 (33 CFR 83.36) may be used to 
illuminate the tow.
    (k) The following barges shall display at night and if practicable 
in periods of restricted visibility the lights described in paragraph 
(m) of this Rule 24:
    (i) Every barge projecting into a buoyed or restricted channel.
    (ii) Every barge so moored that it reduces the available navigable 
width of any channel to less than 80 meters.
    (iii) Barges moored in groups more than two barges wide or to a 
maximum width of over 25 meters.
    (iv) Every barge not moored parallel to the bank or dock.
    (l) Barges described in this Rule 24 paragraph (l) shall carry two 
unobstructed all-round white lights of an intensity to be visible for 
at least 1 nautical mile and meeting the technical requirements as 
prescribed in 33 CFR 84.15.
    (m) A barge or group of barges at anchor or made fast to one or 
more mooring buoys or other similar device, in lieu of the provisions 
of Inland Navigation Rule 30, may carry unobstructed all-round white 
lights of an intensity to be visible for at least 1 nautical mile that 
meet the requirements of 33 CFR 84.15 and shall be arranged as follows:
    (i) Any barge that projects from a group formation, shall be 
lighted on its outboard corners.
    (ii) On a single barge moored in water where other vessels normally 
navigate on both sides of the barge, lights shall be placed to mark the 
corner extremities of the barge.
    (iii) On barges moored in group formation, moored in water where 
other vessels normally navigate on both sides of the group, lights 
shall be placed to mark the corner extremities of the group.
    (n) The following are exempt from the requirements of this section:
    (i) A barge or group of barges moored in a slip or slough used 
primarily for mooring purposes.
    (ii) A barge or group of barges moored behind a pierhead.
    (iii) A barge less than 20 meters in length when moored in a 
special anchorage area designated in accordance with Sec.  109.10 of 
this chapter.
    (o) Barges moored in well-illuminated areas are exempt from the 
lighting requirements of this section. These areas are as follows:

Chicago Sanitary Ship Canal
    (1) Mile 293.2 to 293.9
    (3) Mile 295.2 to 296.1
    (5) Mile 297.5 to 297.8
    (7) Mile 298 to 298.2
    (9) Mile 298.6 to 298.8
    (11) Mile 299.3 to 299.4
    (13) Mile 299.8 to 300.5
    (15) Mile 303 to 303.2
    (17) Mile 303.7 to 303.9
    (19) Mile 305.7 to 305.8
    (21) Mile 310.7 to 310.9
    (23) Mile 311 to 311.2
    (25) Mile 312.5 to 312.6
    (27) Mile 313.8 to 314.2
    (29) Mile 314.6
    (31) Mile 314.8 to 315.3
    (33) Mile 315.7 to 316
    (35) Mile 316.8
    (37) Mile 316.85 to 317.05
    (39) Mile 317.5
    (41) Mile 318.4 to 318.9
    (43) Mile 318.7 to 318.8
    (45) Mile 320 to 320.3
    (47) Mile 320.6
    (49) Mile 322.3 to 322.4
    (51) Mile 322.8
    (53) Mile 322.9 to 327.2
Calumet Sag Channel
    (61) Mile 316.5
Little Calumet River
    (71) Mile 321.2
    (73) Mile 322.3
Calumet River
    (81) Mile 328.5 to 328.7
    (83) Mile 329.2 to 329.4
    (85) Mile 330 west bank to 330.2
    (87) Mile 331.4 to 331.6
    (89) Mile 332.2 to 332.4
    (91) Mile 332.6 to 332.8
Cumberland River
    (101) Mile 126.8
    (103) Mile 191

    (p) Dredge pipelines that are floating or supported on trestles 
shall display the following lights at night and in periods of 
restricted visibility.
    (i) One row of yellow lights. The lights must be:
    (1) Flashing 50 to 70 times per minute,
    (2) Visible all around the horizon,
    (3) Visible for at least 2 miles on a clear dark night,
    (4) Not less than 1 and not more than 3.5 meters above the water,
    (5) Approximately equally spaced, and
    (6) Not more than 10 meters apart where the pipeline crosses a 
navigable channel. Where the pipeline does not cross a navigable 
channel the lights must be sufficient in number to clearly show the 
pipeline's length and course.
    (ii) Two red lights at each end of the pipeline, including the ends 
in a channel where the pipeline is separated to allow vessels to pass 
(whether open or closed). The lights must be:
    (1) Visible all around the horizon, and
    (2) Visible for at least 2 miles on a clear dark night, and
    (3) One meter apart in a vertical line with the lower light at the 
same height above the water as the flashing yellow light.


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

    (a) A sailing vessel underway shall exhibit:
    (i) Sidelights; and
    (ii) A sternlight.
    (b) In a sailing vessel of less than 20 meters in length the lights 
prescribed in paragraph (a) of this Rule 25 may be combined in one 
lantern carried at or near the top of the mast where it can best be 
seen.
    (c) A sailing vessel underway may, in addition to the lights 
prescribed in paragraph (a) of this Rule 25, 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 25.
    (d)(i) 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 25, but if she does not, she shall exhibit an all-round white 
light or have ready at hand an electric torch or lighted lantern 
showing a white light which shall be exhibited in sufficient time to 
prevent collision.
    (ii) A vessel under oars may exhibit the lights prescribed in this 
Rule for sailing vessels, but if she does not, she shall exhibit an 
all-round while light or 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) A vessel proceeding under sail when also being propelled by 
machinery shall exhibit forward where

[[Page 52194]]

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) A vessel engaged in fishing, whether underway or at anchor, 
shall exhibit only the lights and shapes prescribed in this Rule.
    (b) 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:
    (i) 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;
    (ii) 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
    (iii) When making way through the water, in addition to the lights 
prescribed in this paragraph, sidelights and a sternlight.
    (c) A vessel engaged in fishing, other than trawling, shall 
exhibit:
    (i) 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;
    (ii) 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
    (iii) When making way through the water, in addition to the lights 
prescribed in this paragraph, sidelights and a sternlight.
    (d) [Reserved].
    (e) A vessel when not engaged in fishing shall not exhibit the 
lights or shapes prescribed in this Rule 26, but only those prescribed 
for a vessel of her length.
    (f) Additional Signals for fishing vessels fishing in close 
proximity:
    (i) The lights mentioned herein shall be placed where they can best 
be seen. They shall be at least 0.9 meter apart but at a lower level 
than lights prescribed in this Rule. The lights shall be visible all 
around the horizon at a distance of at least 1 mile but at a lesser 
distance from the lights prescribed by this Rule 26 (a) through (c) for 
fishing vessels.
    (ii) Signals for trawlers
    (1) Vessels when engaged in trawling, whether using demersal or 
pelagic gear, may exhibit:
    (A) When shooting their nets: Two white lights in a vertical line;
    (B) When hauling their nets: One white light over one red light in 
a vertical line;
    (C) When a net has come fast upon an obstruction: Two red lights in 
a vertical line.
    (2) Each vessel engaged in pair trawling may exhibit:
    (A) By night, a searchlight directed forward and in the direction 
of the other vessel of the pair;
    (B) When shooting or hauling their nets or when their nets have 
come fast upon an obstruction, the lights prescribed in paragraph (a) 
of this Rule 26.
    (iii) Signals for purse seiners.
    (1) Vessels engaged in fishing with purse seine gear may exhibit 
two yellow lights in a vertical line. These lights shall flash 
alternately every second and with equal light and occultation duration. 
These lights may be exhibited only when the vessel is hampered by its 
fishing gear.
    (2) [Reserved].


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

    (a) A vessel not under command shall exhibit:
    (i) Two all-round red lights in a vertical line where they can best 
be seen;
    (ii) 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) A vessel restricted in her ability to maneuver, except a vessel 
engaged in mine clearance operations, shall exhibit:
    (i) 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;
    (ii) 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;
    (iii) When making way through the water, masthead lights, 
sidelights and a sternlight, in addition to the lights prescribed in 
paragraph (b)(i) of this Rule 27; and
    (iv) When at anchor, in addition to the lights or shapes prescribed 
in paragraphs (b)(i) and (ii) of this Rule 27, the light, lights or 
shapes prescribed in Rule 30 (33 CFR 83.30).
    (c) 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 
paragraphs (b)(i) and (ii) of this Rule 27, exhibit the lights or 
shapes prescribed in Rule 24 (33 CFR 83.24).
    (d) A vessel engaged in dredging or underwater operations, when 
restricted in her ability to maneuver, shall exhibit the lights and 
shapes prescribed in paragraphs (b)(i), (ii), and (iii) of this Rule 27 
and shall in addition, when an obstruction exists, exhibit:
    (i) Two all-round red lights or two balls in a vertical line to 
indicate the side on which the obstruction exists;
    (ii) Two all-round green lights or two diamonds in a vertical line 
to indicate the side on which another vessel may pass; and
    (iii) When at anchor, the lights or shapes prescribed by this 
paragraph, instead of the lights or shape prescribed in Rule 30 (33 CFR 
83.30) for anchored vessels.
    (e) 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 27, the following shall instead be 
exhibited:
    (i) 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;
    (ii) 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) A vessel engaged in mine clearance operations shall, in 
addition to the lights prescribed for a power-driven vessel in Rule 23 
(33 CFR 83.23) or to the lights or shape prescribed for a vessel at 
anchor in Rule 30 (33 CFR 83.30), 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 1000 meters of the mine clearance vessel.
    (g) 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) 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 (33 CFR part 88).
    (i)(i) Law enforcement vessels may display a flashing blue light 
when engaged in direct law enforcement or public safety activities. 
This light must be located so that it does not interfere with the 
visibility of the vessel's navigation lights.
    (ii) The blue light described in this section may be displayed by 
law

[[Page 52195]]

enforcement vessels of the United States and the States and their 
political subdivisions.
    (j)(i) Vessels engaged in government sanctioned public safety 
activities, and commercial vessels performing similar functions, may 
display an alternately flashing red and yellow light signal. This 
identification light signal must be located so that it does not 
interfere with the visibility of the vessel's navigation lights. The 
identification light signal may be used only as an identification 
signal and conveys no special privilege. Vessels using the 
identification light signal during public safety activities must abide 
by the Inland Navigation Rules, and must not presume that the light or 
the exigency gives them precedence or right of way.
    (ii) Public safety activities include but are not limited to 
patrolling marine parades, regattas, or special water celebrations; 
traffic control; salvage; firefighting; medical assistance; assisting 
disabled vessels; and search and rescue.


Sec.  83.28  (Rule 28) [Reserved].


Sec.  83.29  Pilot vessels (Rule 29).

    (a) A vessel engaged on pilotage duty shall exhibit:
    (i) At or near the masthead, two all-round lights in a vertical 
line, the upper being white and the lower red; (ii) When underway, in 
addition, sidelights and a sternlight; and
    (iii) When at anchor, in addition to the lights prescribed in 
paragraph (a)(i) of this Rule 29, the anchor light, lights, or shape 
prescribed in Rule 30 for anchored vessels.
    (b) 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) A vessel at anchor shall exhibit where it can best be seen:
    (i) In the fore part, an all-round white light or one ball; and
    (ii) at or near the stern and at a lower level than the light 
prescribed in paragraph (a)(i) of this Rule 30, an all-round white 
light.
    (b) 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 30.
    (c) 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) A vessel aground shall exhibit the lights prescribed in 
paragraph (a) or (b) of this Rule 30 and in addition, if practicable, 
where they can best be seen:
    (i) Two all-round red lights in a vertical line; and
    (ii) Three balls in a vertical line.
    (e) 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 30.
    (f) A vessel of less than 12 meters in length when aground shall 
not be required to exhibit the lights or shapes prescribed in 
paragraphs (d)(i) and (ii) of this Rule 30.
    (g) A vessel of less than 20 meters in length, when at anchor in a 
special anchorage area designated by the Coast Guard, shall not be 
required to exhibit the anchor lights and shapes required by this Rule 
30.


Sec.  83.31  Seaplanes (Rule 31).

    Where it is impracticable for a seaplane or a WIG craft 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) The word whistle means any sound signaling appliance capable of 
producing the prescribed blasts and which complies with specifications 
in Annex III to these Rules (33 CFR part 86).
    (b) The term short blast means a blast of about 1 second's 
duration.
    (c) The term prolonged blast means a blast of from 4 to 6 seconds' 
duration.


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

    (a) A vessel of 12 meters or more in length shall be provided with 
a whistle, a vessel of 20 meters or more in length shall be provided 
with a bell in addition to a whistle, 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 (33 CFR part 86). 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) 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 33 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) 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:
    (i) 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''.

    (ii) 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 34 and each 
vessel shall take appropriate precautionary action until a safe passing 
agreement is made.
    (b) A vessel may supplement the whistle signals prescribed in 
paragraph (a) of this Rule 34 by light signals:
    (i) 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'';

    (ii) The duration of each flash shall be about 1 second; and
    (iii) 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 (33 CFR part 84).
    (c) When in sight of one another:
    (i) 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

    (ii) 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) of this Rule 34.
    (d) When vessels in sight of one another are approaching each other 
and

[[Page 52196]]

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) 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) 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) When a power-driven vessel is leaving a dock or berth, she 
shall sound one prolonged blast.
    (h) 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 35 shall be used as follows:
    (a) A power-driven vessel making way through the water shall sound 
at intervals of not more than 2 minutes one prolonged blast.
    (b) 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) 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 35, sound at intervals 
of not more than 2 minutes, three blasts in succession; namely, one 
prolonged followed by two short blasts.
    (d) [Reserved].
    (e) A vessel towed or if more than one vessel is towed the last 
vessel of the tow, if manned, shall at 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.
    (f) 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 35.
    (g) 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.
    (h) A vessel aground shall give the bell signal and if required the 
gong signal prescribed in paragraph (f) of this Rule 35 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.
    (i) A vessel of 12 meters or more but less than 20 meters in length 
shall not be obliged to give the bell signals prescribed in paragraphs 
(g) and (h) of this Rule 35. However, if she does not, she shall make 
some other efficient sound signal at intervals of not more than 2 
minutes.
    (j) 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.
    (k) A pilot vessel when engaged on pilotage duty may in addition to 
the signals prescribed in paragraphs (a), (b), or (g) of this Rule 35 
sound an identity signal consisting of four short blasts.
    (l) The following vessels shall not be required to sound signals as 
prescribed in paragraph (g) of this Rule 35 when anchored in a special 
anchorage area designated by the Coast Guard:
    (i) A vessel of less than 20 meters in length; and
    (ii) 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 (33 CFR 
part 88).

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:
    (i) 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;
    (ii) The installation of lights with color specifications as 
prescribed in Annex I to these Rules (33 CFR part 84), 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;
    (iii) The repositioning of lights as a result of conversion to 
metric units and rounding off measurement figures, are permanently 
exempt; and
    (iv) The horizontal repositioning of masthead lights prescribed by 
Annex I to these Rules (33 CFR part 84):
    (1) On vessels of less than 150 meters in length, permanent 
exemption.
    (2) On vessels of 150 meters or more in length, until 9 years after 
the effective

[[Page 52197]]

date of the Inland Navigational Rules Act of 1980 (Pub. L. 96-591).
    (v) The restructuring or repositioning of all lights to meet the 
prescriptions of Annex I to these Rules (33 CFR part 86), until 9 years 
after the effective date of the Inland Navigational Rules Act of 1980 
(Pub. L. 96-591);
    (vi) 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)(i) and (iv) (33 CFR 83.23(a)(i) and (iv) provided that, in place 
of these lights, the vessel exhibits a white light aft visible all 
round the horizon; and
    (vii) the requirements for sound signal appliances prescribed in 
Annex III to these Rules (33 CFR part 86), until 9 years after the 
effective date of the Inland Navigational Rules Act of 1980 (Pub. L. 
96-591).
    2. Revise part 84 to read as follows:

PART 84--ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND 
SHAPES

Sec.
84.01 Definitions.
84.02 Vertical positioning and spacing of lights.
84.03 Horizontal positioning and spacing of lights.
84.04 Details of location of direction-indicating lights for fishing 
vessels, dredgers and vessels engaged in underwater operations.
84.05 Screens.
84.06 Shapes.
84.07 Color specification of lights.
84.08 Intensity of lights.
84.09 Horizontal sectors.
84.10 Vertical sectors.
84.11 Intensity of non-electric lights.
84.12 Maneuvering light.
84.13 High-speed craft.
84.14 Approval.

    Authority: 33 U.S.C. 2071; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  84.01  Definitions.

    (a) The term height above the hull means height above the uppermost 
continuous deck. This height shall be measured from the position 
vertically beneath the location of the light.
    (b) High-speed craft means a craft capable of maximum speed in 
meters per second (m/s) equal to or exceeding: 3.7[xdtri]0.1667 ; where 
[xdtri] = displacement corresponding to the design waterline 
(meters\3\).

    Note to paragraph (b): The same formula expressed in pounds and 
knots is maximum speed in knots (kts) equal to exceeding 1.98 (lbs) 
3.7[xdtri]0.1667 ; where [xdtri] = displacement corresponding to 
design waterline in pounds.

    (c) The term practical cut-off means, for vessels 20 meters or more 
in length, 12.5 percent of the minimum luminous intensity (Table 
84.15(b)) corresponding to the greatest range of visibility for which 
the requirements of Annex I are met.
    (d) The term Rule or Rules means the Inland Navigation Rules 
contained in sec. 2 of the Inland Navigational Rules Act of 1980 (Pub. 
L. 96-591, 94 Stat. 3415, 33 U.S.C. 2001, December 24, 1980) as 
amended.


Sec.  84.02  Vertical positioning and spacing of lights.

    (a) On a power-driven vessel of 20 meters or more in length the 
masthead lights shall be placed as follows:
    (i) The forward masthead light, or if only one masthead light is 
carried, then that light, at a height above the hull of not less than 5 
meters, and, if the breadth of the vessel exceeds 5 meters, then at a 
height above the hull not less than such breadth, so however that the 
light need not be placed at a greater height above the hull than 8 
meters;
    (ii) When two masthead lights are carried the after one shall be at 
least 2 meters vertically higher than the forward one.
    (b) The vertical separation of the masthead lights of power-driven 
vessels shall be such that in all normal conditions of trim the after 
light will be seen over and separate from the forward light at a 
distance of 1000 meters from the stem when viewed from water level.
    (c) The masthead light of a power-driven vessel of 12 meters but 
less than 20 meters in length shall be placed at a height above the 
gunwale of not less than 2.5 meters.
    (d) The masthead light, or the all-round light described in Rule 
23(d) (33 CFR 83.23(d)), of a power-driven vessel of less than 12 
meters in length shall be carried at least one meter higher than the 
sidelights.
    (e) One of the two or three masthead lights prescribed for a power-
driven vessel when engaged in towing or pushing another vessel shall be 
placed in the same position as either the forward masthead light or the 
after masthead light, provided that the lowest after masthead light 
shall be at least 2 meters vertically higher than the highest forward 
masthead light.
    (f)(i) The masthead light or lights prescribed in Rule 23(a) shall 
be so placed as to be above and clear of all other lights and 
obstructions except as described in paragraph (f)(ii) of this section.
    (ii) When it is impracticable to carry the all-round lights 
prescribed in Rule 27(b)(i) (33 CFR 83.27(b)(i)) below the masthead 
lights, they may be carried above the after masthead light(s) or 
vertically in between the forward masthead light(s) and after masthead 
light(s), provided that in the latter case the requirement of Sec.  
84.03(d) shall be complied with.
    (g) The sidelights of a power-driven vessel shall be placed at 
least one meter lower than the forward masthead light. They shall not 
be so low as to be interfered with by deck lights.
    (h) [Reserved].
    (i) When the Rules prescribe two or three lights to be carried in a 
vertical line, they shall be spaced as follows:
    (i) On a vessel of 20 meters in length or more such lights shall be 
spaced not less than 1 meter apart, and the lowest of these lights 
shall, except where a towing light is required, be placed at a height 
of not less than 4 meters above the hull;
    (ii) On a vessel of less than 20 meters in length such lights shall 
be spaced not less than 1 meter apart and the lowest of these lights 
shall, except where a towing light is required, be placed at a height 
of not less than 2 meters above the gunwale;
    (iii) When three lights are carried they shall be equally spaced.
    (j) The lower of the two all-round lights prescribed for a vessel 
when engaged in fishing shall be a height above the sidelights not less 
than twice the distance between the two vertical lights.
    (k) The forward anchor light prescribed in Rule 30(a)(i) (33 CFR 
83.30(a)(i)), when two are carried, shall not be less than 4.5 meters 
above the after one. On a vessel of 50 meters or more in length this 
forward anchor light shall be placed at a height or not less than 6 
meters above the hull.


Sec.  84.03  Horizontal positioning and spacing of lights.

    (a) Except as specified in paragraph (e) of this section, when two 
masthead lights are prescribed for a power-driven vessel, the 
horizontal distance between them must not be less than one quarter of 
the length of the vessel but need not be more than 50 meters. The 
forward light must be placed not more than one half of the length of 
the vessel from the stem.
    (b) On a power-driven vessel of 20 meters or more in length the 
sidelights shall not be placed in front of the forward masthead lights. 
They shall be placed at or near the side of the vessel.
    (c) When the lights prescribed in Rule 27(b)(i) (33 CFR 
83.27(b)(i)) are placed vertically between the forward masthead 
light(s) and the after masthead light(s) these all-round lights shall 
be placed at a horizontal distance of not less than 2 meters from the 
fore and aft

[[Page 52198]]

centerline of the vessel in the athwartship direction.
    (d) When only one masthead light is prescribed for a power-driven 
vessel, this light must be exhibited forward of amidships. For a vessel 
of less than 20 meters in length, the vessel shall exhibit one masthead 
light as far forward as is practicable.
    (e) On power-driven vessels 50 meters but less than 60 meters in 
length operated on the Western Rivers, and those waters specified in 
Sec.  89.25 of this chapter, the horizontal distance between masthead 
lights shall not be less than 10 meters.


Sec.  84.04  Details of location of direction-indicating lights for 
fishing vessels, dredgers and vessels engaged in underwater operations.

    (a) The light indicating the direction of the outlying gear from a 
vessel engaged in fishing as prescribed in Rule 26(c)(ii) (33 CFR 
83.26(c)(ii)) shall be placed at a horizontal distance of not less than 
2 meters and not more than 6 meters away from the two all-round red and 
white lights. This light shall be placed not higher than the all-round 
white light prescribed in Rule 26(c)(i) (33 CFR 83.26(c)(i)) and not 
lower than the sidelights.
    (b) The lights and shapes on a vessel engaged in dredging or 
underwater operations to indicate the obstructed side and/or the side 
on which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii) 
(33 CFR 83.27(d)(i) and (ii)), shall be placed at the maximum practical 
horizontal distance, but in no case less than 2 meters, from the lights 
or shapes prescribed in Rule 27(b)(i) and (ii) (33 CFR 83.27(b)(i) and 
(ii)). In no case shall the upper of these lights or shapes be at a 
greater height than the lower of the three lights or shapes prescribed 
in Rule 27(b)(i) and (ii).


Sec.  84.05  Screens.

    (a) The sidelights of vessels of 20 meters or more in length shall 
be fitted with mat black inboard screens and meet the requirements of 
Sec.  84.09. On vessels of less than 20 meters in length, the 
sidelights, if necessary to meet the requirements of Sec.  84.09, shall 
be fitted with mat black inboard screens. With a combined lantern, 
using a single vertical filament and a very narrow division between the 
green and red sections, external screens need not be fitted.
    (b) On power-driven vessels less than 12 meters in length 
constructed after July 31, 1983, the masthead light, or the all-round 
light described in Rule 23(d) (33 CFR 83.23(d)) shall be screened to 
prevent direct illumination of the vessel forward of the operator's 
position.


Sec.  84.06  Shapes.

    (a) Shapes shall be black and of the following sizes:
    (i) A ball shall have a diameter of not less than 0.6 meter;
    (ii) A cone shall have a base diameter of not less than 0.6 meter 
and a height equal to its diameter;
    (iii) A diamond shape shall consist of two cones (as defined in 
paragraph (a)(ii) of this section) having a common base.
    (b) The vertical distance between shapes shall be at least 1.5 
meter.
    (c) In a vessel of less than 20 meters in length shapes of lesser 
dimensions but commensurate with the size of the vessel may be used and 
the distance apart may be correspondingly reduced.


Sec.  84.07  Color specification of lights.

    (a) The chromaticity of all navigation lights shall conform to the 
following standards, which lie within the boundaries of the area of the 
diagram specified for each color by the International Commission on 
Illumination (CIE), in the ``Colors of Light Signals'', which is 
incorporated by reference. It is Publication CIE No. 2.2. (TC-1.6), 
1975, and is available from the Illumination Engineering Society, 345 
East 47th Street, New York, NY 10017 and is available for inspection at 
the Coast Guard, Ocean Engineering Division (CG-432), 2100 2nd St. SW., 
Stop 7901, Washington, DC 20593-7901. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This incorporation by 
reference was approved by the Director of the Federal Register.
    (b) The boundaries of the area for each color are given by 
indicating the corner co-ordinates, which are as follows:
    (i) White:

x 0.525 0.525 0.452 0.310 0.310 0.443
y 0.382 0.440 0.440 0.348 0.283 0.382

    (ii) Green:

x 0.028 0.009 0.300 0.203
y 0.385 0.723 0.511 0.356

    (iii) Red:

x 0.680 0.660 0.735 0.721
y 0.320 0.320 0.265 0.259

    (iv) Yellow:

x 0.612 0.618 0.575 0.575
y 0.382 0.382 0.425 0.406


Sec.  84.08  Intensity of lights.

    (a) The minimum luminous intensity of lights shall be calculated by 
using the formula:

I = 3.43 x 10\6\ x T x D\2\ x K-\D\

Where:
I is luminous intensity in candelas under service conditions,
T is threshold factor 2 x 10-\7\ lux,
D is range of visibility (luminous range) of the light in nautical 
miles,
K is atmospheric transmissivity. For prescribed lights the value of 
K shall be 0.8, corresponding to a meteorological visibility of 
approximately 13 nautical miles.

(b) A selection of figures derived from the formula is given in the 
following table:

------------------------------------------------------------------------
                                                       Minimum luminous
  Range of visibility (luminous range) of light in    intensity of light
                  nautical miles D                     in candelas for K
                                                            = 0.8 I
------------------------------------------------------------------------
1...................................................                 0.9
2...................................................                 4.3
3...................................................                  12
4...................................................                  27
5...................................................                  52
6...................................................                  94
------------------------------------------------------------------------

Sec.  84.09  Horizontal sectors.

    (a)(i) In the forward direction, sidelights as fitted on the vessel 
shall show the minimum required intensities. The intensities shall 
decrease to reach practical cut-off between 1 and 3 degrees outside the 
prescribed sectors.
    (ii) For sternlights and masthead lights and at 22.5 degrees abaft 
the beam for sidelights, the minimum required intensities shall be 
maintained over the arc of the horizon up to 5 degrees within the 
limits of the sectors prescribed in Rule 21 (33 CFR 83.21). From 5 
degrees within the prescribed sectors the intensity may decrease by 50 
percent up to the prescribed limits; it shall decrease steadily to 
reach practical cut-off at not more than 5 degrees outside the 
prescribed sectors.
    (b) All-round lights shall be so located as not to be obscured by 
masts, topmasts or structures within angular sectors of more than 6 
degrees, except anchor lights prescribed in Rule 30 (33 CFR 83.30), 
which need not be placed at an impracticable height above the hull, and 
the all-round white light described in Rule 23(e) (33 CFR 83.23(e)), 
which may not be obscured at all.
    (c) If it is impracticable to comply with paragraph (b) of this 
section by exhibiting only one all-round light, two all-round lights 
shall be used suitably positioned or screened to appear, as far as 
practicable, as one light at a minimum distance of one nautical mile.
    Note to paragraph (c) of this section: Tow unscreened all-round 
lights that are 1.28 meters apart or less will appear as one light to 
the naked eye at a distance of one nautical mile.

[[Page 52199]]

Sec.  84.10  Vertical sectors.

    (a) The vertical sectors of electric lights as fitted, with the 
exception of lights on sailing vessels underway and on unmanned barges, 
shall ensure that:
    (i) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (ii) At least 60 percent of the required minimum intensity is 
maintained from 7.5 degrees above to 7.5 degrees below the horizontal.
    (b) In the case of sailing vessels underway the vertical sectors of 
electric lights as fitted shall ensure that:
    (i) At least the required minimum intensity is maintained at all 
angles from 5 degrees above to 5 degrees below the horizontal;
    (ii) At least 50 percent of the required minimum intensity is 
maintained from 25 degrees above to 25 degrees below the horizontal.
    (c) In the case of unmanned barges the minimum required intensity 
of electric lights as fitted shall be maintained on the horizontal.
    (d) In the case of lights other than electric lights these 
specifications shall be met as closely as possible


Sec.  84.11  Intensity of non-electric lights.

    Non-electric lights shall so far as practicable comply with the 
minimum intensities, as specified in the Table given in Sec.  84.08.


Sec.  84.12  Maneuvering light.

    Notwithstanding the provisions of Sec.  84.02(f), the maneuvering 
light described in Rule 34(b) (33 CFR 83.34(b)) shall be placed 
approximately in the same fore and aft vertical plane as the masthead 
light or lights and, where practicable, at a minimum height of one-half 
meter vertically above the forward masthead light, provided that it 
shall be carried not less than one-half meter vertically above or below 
the after masthead light. On a vessel where only one masthead light is 
carried the maneuvering light, if fitted, shall be carried where it can 
best be seen, not less than one-half meter vertically apart from the 
masthead light.


Sec.  84.13  High-speed craft.

    (a) The masthead light of high-speed craft may be placed at a 
height related to the breadth of the craft lower than that prescribed 
in Sec.  84.02(a)(i), provided that the base angle of the isosceles 
triangle formed by the sidelights and masthead light, when seen in end 
elevation, is not less than 27[deg].
    (b) On high-speed craft of 50 meters or more in length, the 
vertical separation between foremast and mainmast light of 4.5 meters 
required by Sec.  84.02(k) may be modified provided that such distance 
shall not be less than the value determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TP28AU12.009

where:

y is the height of the mainmast light above the foremast light in 
meters;
a is the height of the foremast light above the water surface in 
service condition in meters:
[Psi] is the trim in service condition in degrees;
C is the horizontal separation of masthead lights in meters.


Sec.  84.14  Approval.

    The construction of lights and shapes and the installation of 
lights on board the vessel must satisfy the Commandant, U.S. Coast 
Guard.

PART 85--ANNEX II: ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING 
IN CLOSE PROXIMITY

    3. The authority citation for part 85 is revised to read as 
follows:

    Authority: 33 U.S.C. 2071.


Sec.  85.1  [Redesignated as Sec.  85.01]

    4. Redesignate Sec.  85.1 as Sec.  85.01


Sec.  85.01  [Removed and Reserved]

    5. Remove and reserve newly redesignated Sec.  85.01.


Sec. Sec.  85.3 and 85.5  [Removed]

    6. Remove Sec. Sec.  85.3 and 85.5.
    7. Revise part 86 to read as follows:

PART 86--ANNEX III: TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES

Sec.
86.01 Whistles.
86.02 Bell or gong.
86.03 Approval. [Reserved]

    Authority: 33 U.S.C. 2071.

Section Contents


Sec.  86.01  Whistles

    (a) Frequencies and range of audibility. The fundamental frequency 
of the signal shall lie within the range 70-700 Hz. The range of 
audibility of the signal from a whistle shall be determined by those 
frequencies, which may include the fundamental and/or one or more 
higher frequencies, which lie within the range 180-700 Hz (+/-1%) for a 
vessel of 20 meters or more in length, or 180-2100 Hz (+/-1%) for a 
vessel of less than 20 meters in length and which provide the sound 
pressure levels specified in paragraph (c) of this section.
    (b) Limits of fundamental frequencies. To ensure a wide variety of 
whistle characteristics, the fundamental frequency of a whistle shall 
be between the following limits:
    (i) 70-200 Hz, for a vessel 200 meters or more in length;
    (ii) 130-350 Hz, for a vessel 75 meters but less than 200 meters in 
length;
    (iii) 250-700 Hz, for a vessel less than 75 meters in length.
    (c) Sound signal intensity and range of audibility. A whistle 
fitted in a vessel shall provide, in the direction of maximum intensity 
of the whistle and at a distance of 1 meter from it, a sound pressure 
level in at least one 1/3rd-octave band within the range of frequencies 
180-700 Hz (+/-1%) for a vessel of 20 meters or more in length, or 180-
2100 Hz (+/-1%) for a vessel of less than 20 meters in length, of not 
less than the appropriate figure given in Table C of this section.

                                 Table C
------------------------------------------------------------------------
                                   1/3rd-octave band
                                    level at 1 meter   Audibility range
    Length of vessel in meters     in dB referred to   in nautical miles
                                    2 x 10-5 N/ m\2\
------------------------------------------------------------------------
200 or more......................                143                 2
75 but less than 200.............                138                 1.5
20 but less than 75..............                130                 1
Less than 20.....................             *1 120                 0.5
                                              *2 115
                                              *3 111
------------------------------------------------------------------------
*1 When the measured frequencies lie within the range 180-450 Hz.
*2 When the measured frequencies lie within the range 450-800 Hz.
*3 When the measured frequencies lie within the range 800-2100 Hz.

    (d) Directional properties. The sound pressure level of a 
directional whistle shall be not more than 4 dB below the sound 
pressure level, specified in paragraph (c) of this section, in any 
direction in the horizontal plane within 45 degrees of the 
forward axis. The sound pressure level of the whistle in any other 
direction in the horizontal plane shall not be more than 10 dB less 
than the sound pressure level specified for the forward axis, so that 
the range of audibility in any direction will be at least half the 
range required on the forward axis. The sound pressure level shall be 
measured in that 1/3rd-octave band which determines the audibility 
range.

[[Page 52200]]

    (e) Positioning of whistles. (i) When a directional whistle is to 
be used as the only whistle on the vessel and is permanently installed, 
it shall be installed with its forward axis directed forward.
    (ii) A whistle shall be placed as high as practicable on a vessel, 
in order to reduce interception of the emitted sound by obstructions 
and also to minimize hearing damage risk to personnel. The sound 
pressure level of the vessel's own signal at listening posts shall not 
exceed 110 dB(A) and so far as practicable should not exceed 100 dB(A).
    (f) Fitting of more than one whistle. If whistles are fitted at a 
distance apart of more than 100 meters, they shall not be sounded 
simultaneously.
    (g) Combined whistle systems. (i) A combined whistle system is a 
number of whistles (sound emitting sources) operated together. For the 
purposes of the Rules a combined whistle system is to be regarded as a 
single whistle.
    (ii) The whistles of a combined system shall:
    (1) Be located at a distance apart of not more than 100 meters,
    (2) Be sounded simultaneously,
    (3) Each have a fundamental frequency different from those of the 
others by at least 10 Hz, and
    (4) Have a tonal characteristic appropriate for the length of 
vessel which shall be evidenced by at least two-thirds of the whistles 
in the combined system having fundamental frequencies falling within 
the limits prescribed in paragraph (b) of this section, or if there are 
only two whistles in the combined system, by the higher fundamental 
frequency falling within the limits prescribed in paragraph (b) of this 
section.

    Note: If due to the presence of obstructions the sound field of 
a single whistle or of one of the whistles referred to in paragraph 
(f) of this section is likely to have a zone of greatly reduced 
signal level, a combined whistle system should be fitted so as to 
overcome this reduction.

    (h) Towing vessel whistles. A power-driven vessel normally engaged 
in pushing ahead or towing alongside may, at all times, use a whistle 
whose characteristic falls within the limits prescribed by paragraph 
(b) of this section for the longest customary composite length of the 
vessel and its tow.


Sec.  86.02  Bell or gong.

    (a) Intensity of signal. A bell or gong, or other device having 
similar sound characteristics shall produce a sound pressure level of 
not less than 110 dB at 1 meter.
    (b) Construction. Bells and gongs shall be made of corrosion-
resistant material and designed to give clear tone. The diameter of the 
mouth of the bell shall be not less than 300 mm for vessels of 20 
meters or more in length. Where practicable, a power-driven bell 
striker is recommended to ensure constant force but manual operation 
shall be possible. The mass of the striker shall be not less than 3 
percent of the mass of the bell.


Sec.  86.03  Approval. [Reserved]

    8. Revise part 87 to read as follows:

PART 87--ANNEX IV: DISTRESS SIGNALS

Sec.
87.01 Need of assistance.
87.03 Exclusive use.
87.05 Supplemental signals.


Sec.  87.01  Need of assistance.

    The following signals, used or exhibited either together or 
separately, indicate distress and need of assistance:
    (a) A gun or other explosive signal fired at intervals of about a 
minute.
    (b) A continuous sounding with any fog-signaling apparatus;
    (c) Rockets or shells, throwing red stars fired one at a time at 
short intervals;
    (d) A signal made by any method consisting of the group . . . -- -- 
-- . . . (SOS) in the Morse Code,
    (e) A signal sent by radiotelephony consisting of the spoken word 
``Mayday'';
    (f) The International Code Signal of distress indicated by N.C.
    (g) A signal consisting of a square flag having above or below it a 
ball or anything resembling a ball;
    (h) Flames on the vessel (as from a burning tar barrel, oil barrel, 
etc.);
    (i) A rocket parachute flare or a hand flare showing a red light;
    (j) A smoke signal giving off orange-colored smoke;
    (k) Slowly and repeatedly raising and lowering arms outstretched to 
each side;
    (l) A distress alert by means of digital selective calling (DSC) 
transmitted on:
    (i) VHF channel 70, or
    (ii) MF/HF on the frequencies 2187.5 kHz, 8414.5 kHz, 4207.5 kHz, 
6312 kHz, 12577 kHz or 16804.5 kHz;
    (m) A ship-to-shore distress alert transmitted by the ship's 
Inmarsat or other mobile satellite service provider ship earth station;
    (n) Signals transmitted by emergency position-indicating radio 
beacons;
    (o) Signals transmitted by radiocommunication systems, including 
survival craft radar transponders meeting the requirements of 47 CFR 
80.1095.
    (p) A high intensity white light flashing at regular intervals from 
50 to 70 times per minute.


Sec.  87.02  Exclusive use.

    The use or exhibition of any of the foregoing signals except for 
the purpose of indicating distress and need of assistance and the use 
of other signals which may be confused with any of the above signals is 
prohibited.


Sec.  87.03  Supplemental signals.

    Attention is drawn to the relevant sections of the International 
Code of Signals, the International Aeronautical and Maritime Search and 
Rescue Manual, Volume III, the International Telecommunication Union 
Radio Regulations and the following signals:
    (a) A piece of orange-colored canvas with either a black square and 
circle or other appropriate symbol (for identification from the air);
    (b) A dye marker.

PART 88--ANNEX V: PILOT RULES

    9. The Authority citation for part 88 continues to read as follows:

    Authority: 33 U.S.C. 2071.


Sec.  88.01  [Removed and Reserved]

    10. Remove and reserve Sec.  88.01.


Sec. Sec.  88.03 through 88.15   [Removed]

    11. Remove Sec. Sec.  88.03 through 88.15.

    Dated: July 23, 2012.
Dana A. Goward,
Director of Marine Transportation Systems Management, U.S. Coast Guard.
[FR Doc. 2012-18364 Filed 8-27-12; 8:45 am]
BILLING CODE 9110-04-P


