SUBCHAPTER 1D.-ADMINISTRATION OF NAVIGATION LAWS

Regulations for preventing collisions at sea; proclamation by President; applicability

33 U.S.C. 143

The President is authorized to proclaim the regulations set forth in sections 144-147d of this title for preventing collisions involving waterborne craft upon the high seas, and in all waters connected therewith. Such proclamations, together with the regulations, shall be published in the Federal Register, and after the effective date specified in such proclamation, such regulations shall 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 United States registry to the extent therein made applicable. Sections 144-147d of this title shall not apply to the harbors, rivers, and inland waters of the United States; to the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Lachine Canal in Montreal in the Province of Quebec, Canada; to the Red River of the North and the rivers emptying into the Gulf of Mexico and their tributaries; nor, with respect to aircraft, to any territorial waters of the United States. (Oct. 11, 1951, c. 495, § 1, 65 Stat. 406.)

NOTE.-Sections 143 to 147d were repealed on date international regulations authorized to be proclaimed under Public Law 88-131, approved September 24, 1963, take effect, see section 3 of that act. The provisions of Public Law 88-131 are in 33 U.S.C. 1051-1094, and become effective September 1, 1965.

Navy and Coast Guard vessels; exemption regarding lights

33 U.S.C. 143a

Any requirements of sections 144-147d of this title in respect of the number, position, range of visibility, or arc of visibility of the lights required to be displayed by vessels shall not apply to any vessel of the Navy or of the Coast Guard whenever 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 as either may designate, shall find or certify that, by reason of special construction, it is not possible for such vessel or class of vessels to comply with such sections. The lights of any such exempted vessel or class of vessels, however, shall conform as closely to the requirements of the applicable regulations in such sections as the Secretary or such official shall find or certify to be feasible. Notice of such findings or certification and of the character and position of the lights prescribed to be displayed on such exempted vessel or class of vessels shall be published in the Federal Register and in the Notice to Mariners and, after the effective date specified in such notice, shall have effect as part of such regulations. (Oct. 11, 1951, c. 495, § 2, 65 Stat. 407.) Regulations for preventing collisions at sea; proclamation by President; effective date; publication; applicability

33 U.S.C. 1051

The President is authorized to proclaim the regulations set forth in sections 1061-1094 of this title for preventing collisions involving

waterborne craft upon the high seas, and in all waters connected therewith. The effective date of such proclamation shall be not earlier than the date fixed by the Inter-Governmental Maritime Consultative Organization for application of such regulations by Governments which have agreed to accept them. Such proclamation, together with the regulations, shall be published in the Federal Register and after the effective date specified in such proclamation such regulations shall 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 United States registry to the extent therein made applicable. Such regulations shall not apply to the harbors, rivers, and other inland waters of the United States; to the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Saint Lambert Lock at Montreal in the Province of Quebec, Canada; to the Red River of the North and the rivers emptying into the Gulf of Mexico and their tributaries; nor with respect to aircraft in any territorial waters of the United States. (Public Law 88-131, § 1, Sept. 24, 1963, 77 Stat. 194.)

Navy and Coast Guard vessels; exemption regarding lights; feasible conformity to requirements; publication; effective date

33 U.S.C. 1052

Any requirement of such regulations in respect of the number, position, range of visibility, or arc of visibility of the lights required to be displayed by vessels shall not apply to any vessel of the Navy or of the Coast Guard whenever 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 as either may designate, shall find or certify that, by reason of special construction, it is not possible for such vessel or class of vessels to comply with such regulations. The lights of any such exempted vessel or class of vessels, however, shall conform as closely to the requirements of the applicable regulations as the Secretary or such official shall find or certify to be feasible. Notice of such findings or certification and of the character and position of the lights prescribed to be displayed on such exempted vessel or class of vessels shall be published in the Federal Register and in the Notice to Mariners and, after the effective date specified in such notice, shall have effect as part of such regulations. (Public Law 88-131, § 2, Sept. 24, 1963, 77 Stat. 194.)

Designation of regulations

33 U.S.C. 1053

The regulations authorized to be proclaimed under section 1051 of this title 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, and are set out in sections 1061-1094 of this title. (Public Law 88-131, § 4, Sept. 24, 1963, 77 Stat. 195.)

Demarcation of high seas lines

33 U.S.C. 151

The Commandant of the Coast Guard is authorized, empowered, and directed from time to time to designate and define by suitable bearings or ranges with lighthouses, light vessels, buoys, or coast objects, the lines dividing the high seas from rivers, harbors, and inland waters. (Feb. 19, 1895, c. 102, § 2, 28 Stat. 672; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) Adoption of rules for navigation of harbors, rivers, and inland waters

33 U.S.C. 154

The following regulations for preventing collisions shall be followed by all vessels upon the harbors, rivers, and other inland waters of the United States except the Great Lakes and their connecting and tributary waters as far east as Montreal, and waters of the Mississippi River between its source and the Huey P. Long Bridge and all of its 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. (June 7, 1897, c. 4, § 1, 30 Stat. 96; May 21, 1948, c. 328, § 1, 62 Stat. 249; Aug. 8, 1953, c. 386, § 1, 67 Stat. 497.)

NOTE.-A separate pamphlet entitled "Rules of the Road-International-Inland," CG-169, contains such laws, rules, and regulations, and therefore they have not been reprinted herein.

Special rules authorized; publication; hearings

33 U.S.C. 157

(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 154 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, § 1, 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.

Regulations for navigation or operation under bridges over navigable waters-Lights, signals, and other navigational means and appliances; departure from rules

33 U.S.C. 157a

(a) The Secretary of the Department in which the Coast Guard is operating may permit vessels desiring to navigate or operate under bridges constructed over navigable waters of the United States to temporarily lower any lights, day signals, or other navigational means and appliances prescribed or required pursuant to law, rule, or regulation, and, if necessary, may authorize vessels so navigating or operating to depart from the rules to prevent collisions as prescribed by law, rule, or regulation. The Secretary of the Department in which the Coast Guard is operating may also prescribe such special regulations to be observed by vessels so navigating or operating as in his judgment the public safety may require for the prevention of collisions. (Public Law 88-163, Oct. 30, 1963, 77 Stat. 281.)

Delegation of Functions

The following Treasury Department Order 167-58 (29 F.R. 2314) was issued by the Assistant Secretary of the Treasury under date of January 29, 1964:

By virtue of the authority vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950 and 14 U.S.C. 631, and pursuant to the authority delegated to me by Treasury Department Order No. 190 (Revision 2), there are transferred to the Commandant, U.S. Coast Guard, the functions of the Secretary of the Treasury under Public Law 88-163, approved October 30, 1963, concerning exceptions to the rules of navigation for vessels.

With the exception of prescribing applicable rules and regulations, the Commandant may assign the functions transferred for performance by subordinates in the Coast Guard.

Lights of rafts and unspecified craft

33 U.S.C. 178(d) (Article 9(d))

(d) Rafts, or other water craft not herein provided for, navigating by hand power, horsepower, or by the current of the river, shall carry one or more good white lights, which shall be placed in such manner as shall be prescribed by the Commandant of the Coast Guard.

(June 7, 1897, c. 4, § 1, 30 Stat. 98; 1946 Reorg. Plan No. 3,.§§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

Adoption of rules for navigation of Great Lakes, etc.

33 U.S.C. 241

The following rules for preventing collisions shall be followed in the navigation of all public and private vessels of the United States upon the Great Lakes and their connecting and tributary waters as far east as Montreal. (Feb. 8, 1895, c. 64, § 1, 28 Stat. 645.)

NOTE. A separate pamphlet entitled "Rules of the Road-Great Lakes," CG-172, contains such laws, rules, and regulations, and therefore they have not been reprinted herein.

Special regulation by Commandant of the Coast Guard

33 U.S.C. 243

The Commandant of the Coast Guard shall have authority to establish all necessary regulations, not inconsistent with the provisions of this chapter, required to carry the same into effect.

The Commandant of the Coast Guard shall have authority to establish such regulations to be observed by all steam vessels in passing each other, not inconsistent with the provisions of this chapter, as he shall from time to time deem necessary; and all regulations adopted by the said Commandant of the Coast Guard under the authority of this chapter shall have the force of law. Two printed copies of any such regulations for passing, signed by him, shall be furnished to each steam vessel, and shall at all times be kept posted up in conspicuous places on board. (Feb. 8, 1895, c. 64, § 3, 28 Stat. 649; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

Lights of small tugs, boats on River St. Lawrence, ferryboats, rafts, and canalboats; regulations

33 U.S.C. 256

The lights for tugs under one hundred tons register (net), whose principal business is harbor towing, and for boats navigating only on the River St. Lawrence, also ferryboats, rafts, and canalboats, shall be regulated by rules which have been or may hereafter be prescribed by the Commandant of the Coast Guard.

Lights of produce boats, canal boats, etc., navigating by hand or horsepower or by sail or by current, or at anchor

33 U.S.C. 259

Produce boats, canalboats, fishing boats, rafts, or other watercraft navigating any bay, harbor, or river by hand power, horsepower, sail, or by the current of the river, or which shall be anchored or moored in or near the channel or fairway of any bay, harbor, or river, and not otherwise provided for in these rules, shall carry one or more good white lights, which shall be placed in such manner as shall be prescribed by the Commandant of the Coast Guard.