(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 Regulations. Comment: This, of course, is the new version of present Rule 4 for not-under-command and hampered vessels. However, several modifications have been made in this area. In paragraph (b) (ii) the color requirements have been removed from the hampered-vessel day shape. Under existing rules the red, white, red hampered vessel signal is carried in lieu of range lights. Under these rules that signal is carried in addition to range lights ((b) (iii)). As discussed earlier, paragraph (c) of this rule makes provision for towing vessels to utilize this signal where appropriate.

Paragraph (d) introduces a new signal for dredging or other underwater operations, namely a signal indicating safe side or unsafe side. These types of vessels, in addition to the red, white, red hampered light, will on their safe side exhibit two green all-round lights in a vertical line indicating safe to pass. On the side where an obstruction exists there will be two red lights in a vertical line indicating it is unsafe to pass. Several of the European and other nations utilize this type of signal in their local rules. The United States' local rules generally handle this situation with whistle signal exchanges between the dredge and the approaching vessel to determine safe passing situation. We believe this is a good idea and would hope the green safe side, red unsafe side concept becomes a universally accepted set of signals.

In paragraph (e) a new concept of day shapes is introduced the use of a rigid replica of an international code flag, namely "A". The code meaning for this signal as "diver-down" and it is here allowed for small vessels engaged in diving operations. The signal is to be at least 1 meter in height and measures are to be taken to ensure all-round visibility. Presumably this means either a crisscross or square matrix arrangement visible from all directions. In any event this would be quite a sizeable shape. For our money, we would prefer to comply with the basic rule and show the ball-diamond signal for a hindered vessel, particularly since Annex I Paragraph 6(c) allows smaller vessels to reduce the basic size of the signal compatible with the vessel limitations.

Under existing rules (4(d) (i)), minesweepers carry a green light or a ball at the foremast top and a similar signal at the end of the foremast yard on either side sweeping operations are being carried out. Under this rule these signals have not changed except that the masthead signal and both yard end signals must be shown at all times during sweeping operations regardless of whether or not sweeping is only conducted from one side.

Under existing rules, vessels of less than 65 feet in length need not display lights or shapes for not-undercommand and for vessels aground (Rule 7(g)). In the new rules (28(g)), the relaxations are limited to vessels of less than 7 meters in length. Presumably then under

these rules all vessels roughly in excess of 21 feet must comply. There may be some relief from this situation at least for some additional vessels further on in the rules (see our comments concerning Rule 38 (c)). Under existing rules, small vessels are presumably required to show both lights and shapes for hindered vessels (red, white, red). This rule exempts vessels less than 7 meters from the requirement to show corresponding day shapes. Unless the drafters had in mind some particular operation such as using a small vessel to shift oil booms, dredge lines or the like during daylight hours only, the logic of this wording escapes us.

Paragraph (h) of this rule is essentially the same as the advisement contained in the existing Rule 4(g).

RULE 28

VESSELS CONSTRAINED BY THEIR DRAUGHT

A vessel constrained by her draught may in addition to the lights prescribed for power-driven vessels in Rule 23, exhibit where they can best be seen three all-round red lights in a vertical line, or a cylinder.

Comment: Most of the maritime nations (our mariners were in favor of this by a margin of 4 to 1) wanted a special signal for the huge deep draft vessels while navigating in narrow channels or otherwise restricted waters. This signal appears to fill the bill very nicely. If there is a problem with this addition to the rules, it would be abuse of this signal by vessels not rightfully entitled to its use: by definition a vessel with an 8-foot draft could display this signal in a narrow channel of 9-foot depth if she were so inclined. However, if she were to equip herself to do so then subsequently continue to use these lights in larger and deeper channels that would be a significant breach of the intent of this rule. We do not believe this will be a serious problem.

RULE 29

PILOT VESSELS

(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;

(iii) when at anchor, in addition to the lights prescribed in sub-paragraph (i), the anchor light, lights or shape. (b) A pilot vessel when not engaged on pilotage duty shall exhibit the lights or shapes prescribed for a similar vessel of her length.

Comment: The rule for pilot vessels has been shortened and streamlined. Again we offer praise to the drafters of the rules for a job well done. White over red has been retained. The lengthy portion dealing with sailing pilot vessels has been removed as have the provisions for displaying flare-up lights. Sailing pilot vessels are rapidly disappearing and most communications with pilot vessels are now by voice radio.

RULE 30

ANCHORED VESSELS AND VESSELS AGROUND

(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; (ii) at or near the stern and at a lower level than the light prescribed by sub-paragraph (i), an all-round white light.

(b) A vessel of less than 50 metres in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in paragraph (a) of this Rule.

(c) A vessel at anchor may, and a vessel of 100 metres and 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 and in addition, where they can best be seen:

(i) Two all-round red lights in a vertical line;
(ii) three balls in a vertical line.

(e) A vessel less than 7 metres in length, when at anchor or aground, not in or near a narrow channel, fairway or anchorage, or where other vessels normally navigate, shall not be required to exhibit the lights or shapes prescribed in paragraphs (a), (b), or (d) of this Rule.

Comment: The lights and shape requirements for vessels anchored or aground are similar to those contained in the existing rules with three exceptions. The anchor light no longer need be in the forward part of the vessel for vessels of less than 50 meters in length.

This gives much-needed flexibility to the placement of this light on smaller vessels. This change originated in the United States and was favored by our mariners in ratio 4 to 1. Paragraph (c) of this rule authorizes the use of deck lights to further illuminate an anchored vessel. This is made mandatory for vessels in excess of 100 meters in length. The wording of this paragraph is confusing and could be taken to mean a vessel in excess of 100 meters shall illuminate her decks at all times; however, the use of titles for these rules has solved that problem because now Rule 30 will not even be entered unless we are taking about a vessel anchored or aground. The idea of additional lighting for large anchored vessels originated from U.S. mariners who

wanted to see the very large vessels illuminate themselves while at anchor with a deck light every 100 feet along the side (as is done in the Great Lakes now). We don't believe this is as good as the Great Lakes System; however, it does get the job done and we are glad to see this change in the rules.

In paragraph (e) small vessels are excused from the display of anchor or aground signals if they properly anchor off the beaten path. Our small boat community is much in favor of and will be exceedingly pleased with that portion of this rule. However, the 7 meter cutoff is going to give a little trouble. We have been generally unsuccessful in having small vessels utilize day shapes of any kind. In fact there is a pilot rule that excuses vessels of less than 65 feet from showing an anchor ball even in fairways and channels. Under this rule, vessels in excess of 7 meters are even responsible for aground signals.

Considering only pleasure craft, there are several hundred thousand U.S. vessels that might be affected by this rule.

When an anchored vessel is approached from ahead or astern, one of its so-called all-round anchor lights is usually obscured by the deck house. This fact is ignored by the existing rules. This new draft recognizes that fact in paragraph 9(b) of Annex I of these rules.

RULE 31

SEAPLANES

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

Comment: Rather than fill several rules with dissertations on seaplanes (take a quick look at existing Rule 2 or existing Rule 11) the drafters have very wisely told the seaplane people in one short rule to do the best they can. Our mariners favored this change by a margin of 10 to 1.

Last March the Coast Guard promulgated regulations requiring every commercial towing vessel of 26 feet or more in length while underway to be under the direction and control of a person licensed by the Coast Guard. Those regulations implemented the Towing Vessel Operator Licensing Act (46 U.S.C. § 405(b)). The act exempts certain vessels engaged in the mineral and oil exploitation industry from the requirements. The regulations and the act became effective September 1, 1973.

The new regulations contain a section which permits the licensing of certain persons who had been employed in the towing industry before the effective date of the regulations under reduced examination requirements. (This is the so-called "Grandfather Clause"). Under this provision, the only examination subject is the Rules of the Road applicable on the broad geographical waters upon which the applicant for a license had gained his service. The Coast Guard began examining and licensing these persons during the first week of March 1973. By September 1, there were 13,972 persons specifically licensed to operate uninspected towing vessels. This total includes 11,090 persons now holding licenses as Oper