Anchorage and general regulations for St. Marys River

33 U.S.C. 474

The Commandant of the Coast Guard is authorized and directed to adopt and prescribe suitable rules and regulations governing the movements and anchorage of vessels and rafts in St. Marys River from Point Iroquois, on Lake Superior, to Point Detour, on Lake Huron, and for the purpose of enforcing the observance of such regulations the Secretary of the Treasury is authorized to detail one or more Coast Guard cutters for duty upon the request of the Commandant of the Coast Guard on said river.

All officers of the Coast Guard who are directed to enforce the regulations prescribed by the above rules are empowered and directed, in case of necessity, or when a proper notice has been disregarded, to use the force at their command to remove from channels or stop any vessel found violating the prescribed rules.

In the event of the violation of any such regulations or rules of the Commandant of the Coast Guard by the owners, master, or person in charge of such vessel, such owners, master, or person in charge shall be liable to a penalty not exceeding $200: Provided, That the Commandant of the Coast Guard may remit said fine on such terms as he may prescribe: Provided also, That nothing in this section shall be construed to amend or repeal chapter 4 of this title regulating navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal. (Mar. 6, 1896, ch. 49, §§ 1-3, 29 Stat. 54-55; Apr. 26, 1906, ch. 1874, §§ 1, 2, 34 Stat. 136; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 496, 561.)

Adoption of rules of navigation for Mississippi River and certain other rivers

33 U.S.C. 301 (R.S. 4233)

The following regulations for preventing collisions shall be followed by all vessels upon the waters of the Mississippi River between its source and the Huey P. Long Bridge and all of the tributaries emptying thereinto and their tributaries, and that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway, and the Red River of the North; and are declared special rules duly made by local authority. (R.S. § 4233; Aug. 19, 1890, c. 802, 26 Stat. 320; Feb. 8, 1895, c. 64, 28 Stat. 645; Feb. 19, 1895, c. 102, § 1, 28 Stat. 672; June 7, 1897, c. 4, 30 Stat. 96; May 21, 1948, c. 328, § 4, 62 Stat. 249; Aug. 8, 1953, c. 386, § 2, 67 Stat. 497.)

NOTE. A separate pamphlet entitled "Rules of the Road-Western Rivers," CG-184, contains such laws, rules, and regulations, and therefore they have not been reprinted

herein.

Additional lights; lights of steam vessels not otherwise provided for

33 U.S.C. 316(b) (Rule numbered 7(b)) (R.S. 4233)

(b) The lights for barges, canalboats, scows, and other vessels of nondescript type, when in tow of steam vessels, and for ferryboats,

shall be as prescribed by the Commandant, United States Coast Guard. (R.S. § 4233; Mar. 3, 1893, c. 202, 27 Stat. 557; Feb. 19, 1895, c. 102, § 1, 28 Stat. 672; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; May 21, 1948, c. 328, § 4, 62 Stat. 250.) Establishment of special rules; publication; hearings

33 U.S.C. 353 (R.S. 4233A)

(a) The Secretary of the Department in which the Coast Guard is operating shall establish such rules to be observed, on the waters described in section 301 of this title, by steam vessels in passing each other and as to the lights and day signals to be carried on such waters by ferryboats, by vessels and craft of all types when in tow of steam vessels or operating by hand power or horsepower or drifting with the current, and by any other vessels not otherwise provided for, not inconsistent with the provisions of this Act, as he from time to time may deem necessary for safety, which rules are declared special rules duly made by local authority. A pamphlet containing such Act and regulations shall be furnished to all vessels and craft subject to this Act. On vessels and craft over sixty-five feet in length the pamphlet shall, where practicable, be kept on board and available for ready reference.

(b) Except in an emergency, before any rules or any alteration, amendment, or repeal thereof, are established by the Secretary under the provisions of this section, the said Secretary shall publish the proposed rules, alterations, amendments, or repeals, and public hearings shall be held with respect thereto on such notice as the Secretary deems reasonable under the circumstances. (As amended Aug. 14, 1958, Public Law 85-656, § 2, 72 Stat. 612.)

Delegation of Functions

The following Treasury Department Order 167-33 (23 F.R. 7592) was issued by the Acting Secretary of the Treasury under date of September 23, 1958:

By virtue of the authority vested in me by Reorganization Plan No. 26 of 1950, and by 14 U.S.C. 631, there are transferred to the Commandant, U.S. Coast Guard, the functions of the Secretary of the Treasury under Public Law 85-656 (72 Stat. 612, 613) relating to Pilot Rules for Certain Inland Waters and Pilot Rules for Western Rivers.

The Commandant may make provision for the performance by subordinates in the Coast Guard of any of the functions transferred except the functions of prescribing rules and regulations.

Exemption of Navy and Coast Guard vessels from compliance with International Rules of the Road

33 U.S.C. 356

Where any Navy or Coast Guard vessel of special construction, as certified to by the Secretary of the Navy, or the Secretary of the Treasury in the case of Coast Guard vessels operating under the Treasury Department, or such official or officials as either may designate, is now or may hereafter by virtue of statute, convention, or treaty,

be exempt from compliance with any requirements of the International Rules of the Road, such type of vessel shall similarly be exempt from compliance with any corresponding requirement under the rules specified in sections 154, 157-159, 173, and 301-356 of this title. (May 21, 1948, c. 328, § 5, 62 Stat. 250.)

Vessels of special construction exempted from requirements as to number, position, etc., of lights; certification of lights; compliance where possible

33 U.S.C. 360

Any requirement as to the number, position, range of visibility, or arc of visibility of lights required to be displayed by vessels under sections 61-141 of this title; or sections 154-231 of this title; or sections 241-294 of this title; or sections 301-356 of this title; and all laws amendatory thereto, shall not apply to any vessel of the Navy or of the Coast Guard, where the Secretary of the Navy, or the Secretary of the Treasury in the case of Coast Guard vessels operating under the Treasury Department, or such official or officials as either may designate, shall find or certify that, by reason of special construction, it is not possible with respect to such vessel or class of vessels to comply with the statutory provisions as to the number, position, range of visibility, or arc of visibility of lights. The lights of any such exempted vessel or class of vessels shall, however, comply as closely to the requirements of the applicable sections as the Secretary shall find to be feasible. (Dec. 3, 1945, c. 511, § 1, 59 Stat. 590.)

Publication of notice and character and number of lights 33 U.S.C. 360a

When the Secretary of the Navy or the Secretary of the Treasury, or such official or officials as either may designate, shall make any finding or certification as prescribed in section 360 of this title, notice of such finding or certification and the character and position of the lights to be displayed on such vessel shall be published in "Notice to Mariners". (Dec. 3, 1945, c. 511, § 2, 59 Stat. 591.)

International Rules, 1960

33 U.S.C. 1061-1094

The regulations authorized to be proclaimed under 33 U.S.C. 1051 are the Regulations for Preventing Collisions at Sea, 1960, approved by the International Conference on Safety of Life at Sea, 1960, held at London from May 17, 1960, to June 17, 1960, as follows:

REGULATIONS FOR PREVENTING COLLISIONS AT SEA

PART A. -PRELIMINARY AND DEFINITIONS

33 U.S.C. 1061 (Rule 1)

(a) These Rules shall be followed by all vessels and seaplanes upon the high seas and in all waters connected therewith navigable by seagoing vessels, except as provided in Rule 30. Where, as a result of their special construction, it is not possible for seaplanes to comply

fully with the provisions of Rules specifying the carrying of lights and shapes, these provisions shall be followed as closely as circumstances permit.

(b) The Rules concerning lights shall be complied with in all weathers from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the prescribed lights or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out. The lights prescribed by these Rules may also be exhibited from sunrise to sunset in restricted visibility and in all other circumstances when it is deemed necessary.

(c) In the following Rules, except where the context otherwise requires

(i) the word "vessel" includes every description of water craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

(ii) the word "seaplane" includes a flying boat and any other aircraft designed to manoeuvre on the water;

(iii) the term "power-driven vessel" means any vessel propelled by machinery;

(iv) every power-driven vessel which is under sail and not under power is to be considered a sailing vessel, and every vessel under power, whether under sail or not, is to be considered a power-driven vessel;

(v) a vessel or seaplane on the water is "under way" when she is not at anchor, or made fast to the shore, or aground;

(vi) the term "height above the hull" means height above the uppermost continuous deck;

(vii) the length and breadth of a vessel shall be her length overall and largest breadth;

(viii) the length and span of a seaplane shall be its maximum length and span as shown in its certificate of airworthiness, or as determined by measurement in the absence of such certificate;

(ix) vessels shall be deemed to be in sight of one another only when one can be observed visually from the other;

(x) the word "visible" when applied to lights, means visible on a dark night with a clear atmosphere;

(xi) the term "short blast" means a blast of about one second's duration;

(xii) the term "prolonged blast" means a blast of from four to six seconds' duration;

(xiii) the word "whistle" means any appliance capable of producing the prescribed short and prolonged blasts;

(xiv) the term "engaged in fishing" means fishing with nets, lines or trawls but does not include fishing with trolling lines.

PART B. -LIGHTS AND SHAPES

33 U.S.C. 1062 (Rule 2)

(a) A power-driven vessel when under way shall carry

(i) On or in front of the foremast, or if a vessel without a foremast then in the forepart of the vessel, a white light so con

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structed as to show an unbroken light over an arc of the horizon of 225 degrees (20 points of the compass), so fixed as to show the light 11212 degrees (10 points) on each side of the vessel, that is, from right ahead to 2212 degrees (2 points) abaft the beam on either side, and of such a character as to be visible at a distance of at least 5 miles.

(ii) Either forward or abaft the white light prescribed in sub-section (i) a second white light similar in construction and character to that light. Vessels of less than 150 feet in length shall not be required to carry this second white light but may do so. (iii) These two white lights shall be so placed in a line with and over the keel that one shall be at least 15 feet higher than the other and in such a position that the forward light shall always be shown lower than the after one. The horizontal distance between the two white lights shall be at least three times the vertical distance. The lower of these two white lights or, if only one is carried, then that light, shall be placed at a height above the hull of not less than 20 feet, and, if the breadth of the vessel exceeds 20 feet, 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 40 feet. In all circumstances the light or lights, as the case may be, shall be so placed as to be clear of and above all other lights and obstructing superstructures.

(iv) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 11212 degrees (10 points of the compass), so fixed as to show the light from right ahead to 221⁄2 degrees (2 points) abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least 2 miles.

(v) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 11212 degrees (10 points of the compass), so fixed as to show the light from right ahead to 2212 degrees (2 points) abaft the beam on the port side, and of such a character as to be visible at a distance of at least 2 miles.

(vi) The said green and red sidelights shall be fitted with inboard screens projecting at least 3 feet forward from the light, so as to prevent these lights from being seen across the bows. (b) A seaplane under way on the water shall carry

(i) In the forepart amidships where it can best be seen a white light, so constructed as to show an unbroken light over an arc of the horizon of 220 degrees of the compass, so fixed as to show the light 110 degrees on each side of the seaplane, namely, from right ahead to 20 degrees abaft the beam on either side, and of such a character as to be visible at a distance of at least 3 miles. (ii) On the right or starboard wing tip a green light, so constructed as to show an unbroken light over an arc of the horizon of 110 degrees of the compass, so fixed as to show the light from right ahead to 20 degrees abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least 2 miles.

(iii) On the left or port wing tip a red light, so constructed as to show an unbroken light over an arc of the horizon of 110 degrees