"(b) A power-driven vessel hearing, apparently forward of her beam, the fog-signal of a vessel the position of which is not ascertained, shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over. "(c) A power-driven vessel which detects the presence of another vessel forward of her beam before hearing her fog signal or sighting her visually may take early and substantial action to avoid a close quarters situation but, if this cannot be avoided, she shall, so far as the circumstances of the case admit, stop her engines in proper time to avoid collision and then navigate with caution until danger of collision is over. "PART D.-STEERING AND SAILING RULES "PRELIMINARY "1. In obeying and construing these Rules, any action taken should be positive, in ample time, and with due regard to the observance of good seamanship. "2. Risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing of an approaching vessel. If the bearing does not appreciably change, such risk should be deemed to exist. "3. Mariners should bear in mind that seaplanes in the act of landing or taking off, or operating under adverse weather conditions, may be unable to change their intended action at the last moment. "4. Rules 17 to 24 apply only to vessels in sight of one another. "Rule 17 "(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. (b) For the purposes 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. "Rule 18 "(a) When two power-driven vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other. This Rule only applies to cases where vessels are meeting end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two vessels which must, if both keep on their respective course, pass clear of each other. The only cases to which it does apply are when each of two vessels is end on, or nearly end on, to the other; in other words, to cases in which, by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own; and by night, to cases in which each vessel is in such a position as to see both the sidelights of the other. It does not apply, by day, to cases in which a vessel sees another ahead crossing her own course; or, by night, to cases where the red light of one vessel is opposed to the red light of the other or where the green light of one vessel is opposed to the green light of the other or where a red light without a green light or a green light without a red light is seen ahead, or where both green and red lights are seen anywhere but ahead. "(b) For the purposes of this Rule and Rules 19 to 29 inclusive, except Rule 20(c) and Rule 28, a seaplane on the water shall be deemed to be a vessel, and the expression 'power-driven vessel' shall be construed accordingly. "Rule 19 "When two power-driven vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. "Rule 20 "(a) When a power-driven vessel and a sailing vessel are proceeding in such directions as to involve risk of a collision, except as provided for in Rules 24 and 26, the power-driven vessel shall keep out of the way of the sailing vessel. "(b) This Rule shall not give to a sailing vessel the right to hamper, in a narrow channel, the safe passage of a power-driven vessel which can navigate only inside such channel. "(c) 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 these Rules. "Rule 21 "Where by any of these Rules one of two vessels is to keep out of the way, the other shall keep her course and speed. When, from any cause, the latter vessel finds herself so close that collision cannot be avoided by the action of the givingway vessel alone, she also shall take such action as will best aid to avert collision (see Rules 27 and 29). "Rule 22 "Every vessel which is directed by these Rules to keep out of the way of another vessel shall, so far as possible, take positive early action to comply with this obligation, and shall, if the circumstances of the case admit, avoid crossing ahead of the other. "Rule 23 "Every power-driven vessel which is directed by these Rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse. "Rule 24 "(a) Notwithstanding anything contained in these Rules, every vessel overtaking any other shall keep out of the way of the overtaken vessel. "(b) Every vessel coming up with another vessel from any direction more than 221⁄2 degrees (2 Points) abaft her beam, i.e., in such a position, with reference to the vessel which she is overtaking, that at night she would be unable to see either of that vessel's sidelights, shall be deemed to be an overtaking vessel; and no subsequent alteration of the bearing between the two vessels shall 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. "(c) If the overtaking vessel cannot determine with certainty whether she is forward of or abaft this direction from the other vessel, she shall assume that she is an overtaking vessel and keep out of the way. "Rule 25 "(a) In a narrow channel every power-driven vessel when proceeding along the course of the channel shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such vessel. "(b) Whenever a power-driven vessel is nearing a bend in a channel where a vessel approaching from the other direction cannot be seen, such power-driven vessel, when she shall have arrived within one-half (2) mile of the bend, shall give a signal by one prolonged blast on her whistle which signal shall be answered by a similar blast given by any approaching power-driven vessel that may be within hearing around the bend. Regardless of whether an approaching vessel on the farther side of the bend is heard, such bend shall be rounded with alertness and caution. "(c) In a narrow channel a power-driven vessel of less than 65 feet in length shall not hamper the safe passage of a vessel which can navigate only inside such channel. "Rule 26 "All vessels not engaged in fishing, except vessels to which the provisions of Rule 4 apply, shall, when under way, keep out of the way of vessels engaged in fishing. This Rule shall not give to any vessel engaged in fishing the right of obstructing a fairway used by vessels other than fishing vessels. "Rule 27 "In obeying and construing these Rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances, including_the limitations of the craft involved, which may render a departure from the above Rules necessary in order to avoid immediate danger. "PART E.-SOUND SIGNALS FOR VESSELS IN SIGHT OF ONE ANOTHER "Rule 28 "(a) When vessels are in sight of one another, a power-driven vessel under way, in taking any course authorised or required by these Rules, shall indicate that course by the following signals on her whistle, namely― "One short blast to mean 'I am altering my course to starboard'. "(b) Whenever a power-driven vessel which, under these Rules, is to keep her course and speed, is in sight of another vessel and is in doubt whether sufficient action is being taken by the other vessel to avert collision, she may indicate such doubt by giving at least five short and rapid blasts on the whistle. The giving of such a signal shall not relieve a vessel of her obligations under Rules 27 and 29 or any other Rule, or of her duty to indicate any action taken under these Rules by giving the appropriate sound signals laid down in this Rule. "(c) Any whistle signal mentioned in this Rule may be further indicated by a visual signal consisting of a white light visible all around the horizon at a distance of at least 5 miles, and so devised that it will operate simultaneously and in conjunction with the whistle-sounding mechanism and remain lighted and visible during the same period as the sound signal. "(d) Nothing in these Rules shall interfere with the operation of any special rules made by the Government of any nation with respect to the use of additional whistle signals between ships of war or vessels sailing under convoy. "PART F.-MISCELLANEOUS "Rule 29 "Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, 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. "Rule 30 "Nothing in these Rules shall interfere with the operation of a special rule duly made by local authority relative to the navigation of any harbour, river, lake, or inland water, including a reserved seaplane area. "Rule 31 "Distress Signals (a) when a vessel or seaplane on the water is in distress and requires assistance from other vessels or from the shore, the following shall be the signals to be used or displayed by her, either together or separately, namely― "(i) A gun or other explosive signal fired at intervals of about a minute. "(ii) A continuous sounding with any fog-signalling apparatus. "(iii) Rockets or shells, throwing red stars fired one at a time at short intervals. “(iv) A signal made by radiotelegraphy or by any other signalling method consisting of the group in the Morse Code. "(v) A signal sent by radiotelephony consisting of the spoken word 'Mayday'. "(vi) The International Code Signal of distress indicated by N.C. "(vii) A signal consisting of a square flag having above or below it a ball or anything resembling a ball. "(viii) Flames on the vessel (as from a burning tar barrel, oil barrel, &c.). "(ix) A rocket parachute flare or a hand flare showing a red light. "(x) A smoke signal giving off a volume of orange-coloured smoke. "(xi) Slowly and repeatedly raising and lowering arms outstretched to each side. "NOTE.-Vessels in distress may use the radiotelegraph alarm signal or the radiotelephone alarm signal to secure attention to distress calls and messages. The radiotelegraph alarm signal, which is designed to actuate the radiotelegraph auto alarms of vessels so fitted, consists of a series of twelve dashes, sent in 1 minute, the duration of each dash being 4 seconds, and the duration of the interval between 2 consecutive dashes being 1 second. The radiotelephone alarm signal consists of 2 tones transmitted alternately over periods of from 30 seconds to 1 minute. "(b) The use of any of the foregoing signals, except for the purpose of indicating that a vessel or seaplane is in distress, and the use of any signals which may be confused with any of the above signals, is prohibited. "ANNEX TO THE RULES "RECOMMENDATIONS OF THE USE OF RADAR INFORMATION AS AN AID TO AVOIDING COLLISIONS AT SEA "(1) Assumptions made on scanty information may be dangerous and should be avoided. "(2) A vessel navigating with the aid of radar in restricted visibility must, in compliance with Rule 16(a), go at a moderate speed. Information obtained from the use of radar is one of the circumstances to be taken into account when determining moderate speed. In this regard it must be recognised that small vessels, small icebergs and similar floating objects may not be detected by radar. Radar indications of one or more vessels in the vicinity may mean that 'moderate speed'" should be slower than a mariner without radar might consider moderate in the circumstances. "(3) When navigating in restricted visibility the radar range and bearing alone do not constitute ascertainment of the position of the other vessel under Rule 16(b) sufficiently to relieve a vessel of the duty to stop her engines and navigate with caution when a fog signal is heard forward of the beam. "(4) When action has been taken under Rule 16 (c) to avoid a close quarters situation, it is essential to make sure that such action is having the desired effect. Alterations of course or speed or both are matters as to which the mariner must be guided by the circumstances of the case. "(5) Alteration of course alone may be the most effective action to avoid close quarters provided that— "(a) There is sufficient sea room. "(b) It is made in good time. "(c) It is substantial. A succession of small alterations of course should be avoided. "(d) It does not result in a close quarters situation with other vessels. "(6) The direction of an alteration of course is a matter in which the mariner must be guided by the circumstances of the case. An alteration to starboard, particularly when vessels are approaching apparently on opposite or nearly opposite courses, is generally preferable to an alteration to port. "(7) An alteration of speed, either alone or in conjunction with an alteration of course, should be substantial. A number of small alterations of speed should be avoided. "(8) If a close quarters situation is imminent, the most prudent action may be to take all way off the vessel. [Executive Communication 669] SECRETARY OF THE TREASURY, Hon. JOHN W. MCCORMACK, Speaker of the House of Representatives, DEAR MR. SPEAKER: There is enclosed a draft of a proposed bill entitled “A bill to authorize the President to proclaim regulations for preventing collisions at sea." The purpose of the proposed bill is to authorize the President to proclaim the International Regulations for Preventing Collisions at Sea, 1960, on or after a date established by the Intergovernmental Maritime Consultative Organization. The proposed regulations were formulated at the Fourth International Conference on Safety of Life at Sea, 1960, which met under the auspices of the Intergovernmental Maritime Consultative Organization at London, England, from May 17 to June 17, 1960. This Conference was held with the objective of drafting a convention which would reflect the technical progress in navigation and shipbuilding since 1948, particularly as regards radar and nuclear vessels, and to consider needed changes to existing rules. The Conference decided not to annex to the convention the revised International Regulations for Preventing Collisions at Sea. Instead, the Intergovernmental Maritime Consultative Organization (IMCO) was invited to forward the International Regulations for Preventing Collisions at Sea, 1960, to the governments which have accepted the present regulations. The Conference also invited IMCO, when substantial unanimity has been reached as to the acceptance of the revised regulations, to fix a date on and after which they shall be applied by the governments which have agreed to accept them. IMCO was requested to give not less than 1 year's notice of this date to the governments of all states. (Final act of the International Conference on Safety of Life at Sea, 1960; S. Doc. Executive K, 87th Cong., 1st sess., pp. 9-11.) Pursuant to the proposed bill the President would be authorized to accept, on behalf of the United States, the revised international regulations and to proclaim an effective date, so far as the United States is concerned, consistent with that established by the Intergovernmental Maritime Consultative Organization. Existing regulations for preventing collisions involving watercraft upon the high seas, and in all waters connected therewith would be repealed upon the coming into effect of the International Regulations for Preventing Collisions at Sea, 1960, when proclaimed by the President. However, the proposed bill would not repeal or otherwise change existing navigation rules applicable to harbors, rivers, inland waters of the United States, the Great Lakes of North America, or the Red River of the North and the rivers emptying into the Gulf of Mexico. Section 1 of the proposed bill would authorize the President, on behalf of the United States, to proclaim the International Regulations for Preventing Collisions at Sea, 1960, on or after the date fixed by the Intergovernmental Maritime Consultative Organization for application of such regulations by governments which have agreed to accept them. Such regulations shall thereafter have effect as if enacted by statute, and shall be followed by all public and private vessels of the United States and by all aircraft of U.S. registry to the extent therein made applicable. However, they shall not apply to waters of the United States governed by the inland rules, the Great Lakes rules, or the western rivers rules, nor shall they apply to aircraft on any territorial waters of the United States. Section 2 of the proposed bill would reenacte the provisions of section 2 of the act of October 11, 1951 (65 Stat. 406), in order to retain the authority of the Secretary of the Navy and the Secretary of the Treasury to exempt vessels of the Navy and Coast Guard, respectively, from application of regulations pertaining to the number, position, range of visibility, or arc of visibility of navigational lights, whenever the special construction of such vessels makes it impossible to comply with such regulations. Section 3 of the proposed bill provides for the repeal of the act of October 11, 1951, on the date the regulations authorized to be proclaimed by the present bill become effective. In effect this would repeal the existing International Rules for Preventing Collisions at Sea, 1948, as of that date. Section 4 of the proposed bill sets forth verbatim the International Regulations for Preventing Collisions at Sea, 1960 (annex B to the International Convention on Safety of Life at Sea, 1960). It may be noted in passing that the revised regulations are a substantial improvement in many respects over those now in force, and that no changes were made which may be considered as degrading any rule from the standpoint of safety of navigation. The most significant change made concerned conduct in restricted visibility. A new rule 16(c) was adopted to provide for safe navigation by a vessel which detects another vessel outside of visual or audible range. Though not mentioning radar specifically, this rule-when considered together with the preliminary paragraphs to part C and the annex to the entitled "Recom. mendations on the Use of Radar Information as an Aid to Avoiding Collisions at Sea"-resolves several important questions which presently exist concerning a vessel navigating with the aid of radar. Other changes of interest are: vessels are defined by their length rather than by tonnage; the use of a white light synchronized with the prescribed whistle signals is permitted; requirements for special lights for ships unable to get out |