[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Rules and Regulations]
[Pages 37897-37925]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14413]



[[Page 37897]]

Vol. 79

Wednesday,

No. 127

July 2, 2014

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; Final Rule

Federal Register / Vol. 79 , No. 127 / Wednesday, July 2, 2014 / 
Rules and Regulations

[[Page 37898]]


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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: Final rule.

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SUMMARY: The Coast Guard is amending the inland navigation rules and 
their annexes 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 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. These changes 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: This final rule is effective August 1, 2014.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2012-0102 and are available for inspection or 
copying at the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket online by going to http://www.regulations.gov and following the 
instructions on that Web site.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Megan L Cull, Coast Guard; telephone 
202-372-1565, email megan.l.cull@uscg.mil. If you have questions on 
viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis and Purpose
III. Background and Regulatory History
IV. Discussion of Comments and Changes
    A. General comments regarding the rulemaking including comments 
on harmonization and formatting.
    B. Comments received to proposed changes resulting in 
modification of regulation
    C. Comments received to unaltered text that resulted in change
    D. Comments received on unaltered text that did not result in 
change
    E. Technical changes
V. 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. Abbreviations

CFR Code of Federal Regulations
COLREGS Convention on the International Regulations for Preventing 
Collisions at Sea
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
IMO International Maritime Organization
NAVSAC Navigation Safety Advisory Council
NBSAC National Boating Safety Advisory Council
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec.  Section symbol
RAM Restricted in ability to maneuver
SOLAS International Convention for the Safety of Life at Sea
U.S.C. United States Code
WIG craft Wing-in-Ground craft

II. Basis and Purpose

    The purpose of this rulemaking is to harmonize existing domestic 
law with current international law because as currently written, 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 simplify 
the inland navigation rules and alternatives to 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 Department of Homeland Security 
Delegation 0170.1, Delegation to the Commandant of the Coast Guard.

III. Background and Regulatory History

    In 1972, the International Maritime Organization (IMO) formalized 
the COLREGS. 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.
    In 2004, Congress passed the Coast Guard and Maritime 
Transportation Act of 2004, which amended Section 3 of the Inland 
Navigational Rules Act of 1980 and in effect, gave the Secretary of 
Homeland Security (``the Secretary'') the authority to issue inland 
navigation regulations. The Secretary 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.'' Based on 
this authority, the Coast Guard is incorporating the 2001 and 2007 IMO 
amendments in this final rule (FR).
    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.
    The Coast Guard published the Changes to the Inland Navigation 
Rules NPRM on August 28, 2012. (77 FR 52176). This NPRM proposed 
amendments to 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.

[[Page 37899]]

IV. Discussion of Comments and Changes

    We received 49 comments from 10 different commenters representing 
educational institutions, maritime organizations, and private 
companies. We decided to organize this discussion of comments under the 
following headings: General comments regarding the rulemaking including 
comments on harmonization and formatting; comments received to proposed 
changes resulting in modification of this regulation; comments to 
unaltered text resulting in changes to the rule; and comments to 
unaltered text not resulting in changes to the rule.
    The first section below includes our responses to comments 
regarding the overall rulemaking, including the topics of harmonization 
and formatting; a rejected NAVSAC recommendation; preemption; and 
lighting and bells.

A. General Comments Regarding the Rulemaking Including Comments on 
Harmonization and Formatting

    One commenter complimented the Coast Guard on the extensive work 
that went into creating a ``safety [oriented and] efficient draft with 
minimal cost to mariners and operators.'' We appreciate that the effort 
was noted. We believe navigational safety should always be paramount 
and we strive to balance the cost to the mariners with the risks 
associated with operating on the water and the need to improve safety 
of navigation.
1. Formatting and Harmonization
    Regarding our effort to harmonize with the COLREGS, we received 
three comments. One was generally supportive, stating that recreational 
boaters find that uniform, consistent regulations make compliance 
easier, thereby increasing their overall safety on the water. We agree 
with this statement, as it is our intent to make compliance easier and 
to follow NAVSAC's and the U. S. Government's direction to align the 
inland navigation rules with the COLREGS.
    The second commenter was concerned about the effect that 
harmonization with the international standards would have on the CFR 
language and the commenter recommended keeping titles of sections and 
subsections in the CFR. After taking this commenter's recommendation 
into account, we decided to proceed with our proposal to align with the 
COLREGS but ensured that regulatory references in 33 CFR parts 83-88 
accurately reflect the amended text of the rule and match the COLREGS. 
When further clarity was required, we inserted the exact rules to which 
the regulation pertains in parenthesis and clarified which subparts the 
rule was referencing. Our reasoning is as follows: IMO uses the term 
``Part'' to describe a section but because of CFR formatting, those 
references would have to become ``Subpart.'' Additionally, where the 
IMO referenced a ``Section'' we were unable to use that term because of 
the contextual meaning the term ``Section'' has within the CFR.
    Lastly, the third commenter was concerned about the inland 
navigation rules being formatted differently from the rest of the CFR 
and stated that conforming to the COLREGS is counterproductive to 
making the rules easier to read because, in this instance, we are 
utilizing a different numbering system from the rest of the CFR. We 
understand the reason for concern but feel that the application of 
these rules in waters adjacent to areas where the COLREGS apply makes 
it vitally important to ensure consistency between the two areas. 
Adopting the international format and titling scheme furthers our goal 
of making compliance easy, because it makes the regulatory transition 
as seamless as possible between inland waters (where these inland 
navigation rules apply) and international waters (where the COLREGS 
apply). The Office of the Federal Register (publisher of the CFR) 
approved and authorized this deviation from their standard format.
    Pertaining to format concerns, one commenter wrote to request 
clarification of the proposed text which states that in Sec.  83.01 
``regulations in this subchapter'' seem to be limited to Part 83 of 
Title 33 of the CFR. When we say ``regulations in this subchapter'', we 
are referring to subchapter E--Inland Navigation Rules, which includes 
Part 83 through 90. The commenter also questioned the use of ``Part'' 
in Sec.  83.08(a) which states ``in accordance with the Rules of this 
Part''. This is an instance in which we applied the deviation from the 
COLREGS and inserted a reference to the applicable rules; in this case 
we changed ``Part'' to ``Subpart'' and inserted ``(Rules 4-19)'' to 
clear up any confusion.
2. The Rejected NAVSAC Recommendation
    We received an unfavorable comment regarding the Coast Guard's 
decision not to adopt an alternative proposed by NAVSAC that would 
require vessels greater than 16 feet in length to carry the inland 
navigation rules booklet; we reasoned in the regulatory analyses of the 
NPRM that there was a ``lack of quantifiable benefits to justify a high 
regulatory burden on recreational vessels at this time.'' \1\ The 
commenter stated that the inland navigation rules apply to all vessels, 
specifically pointing to rules regarding application (Rule 1), 
responsibility (Rule 2), and definitions (Rule 3), and recommended an 
alternative threshold for carriage of the inland navigation rules 
booklet which would require carriage on ``recreational vessels that 
have room for more than three crew.''
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    \1\ 33 Section V(A)(2) of this preamble, ``Alternative 2--
Incorporation of burden is increasing NAVSAC recommendations''.
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    The Coast Guard continues to believe that mandatory carriage of the 
inland navigation rules booklet should not be expanded beyond the 
current population of ``self-propelled vessels of 12 meters or more in 
length''. We do not believe it would improve navigational safety for 
vessels less than 12 meters in length to carry the booklet, and the 
cost of requiring the nearly 6.5 million vessels within this category 
to carry the booklet (which costs $23 from the Government Printing 
Office, purchasing information is provided below) \2\ or electronic 
copy is unnecessarily costly (approximately $150 million total), 
particularly in light of the following additional considerations.
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    \2\ http://bookstore.gpo.gov/products/sku/050-012-00407-2.
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    First, according to the Coast Guard's annual Recreational Boating 
Statistics,\3\ only 14 percent of reported boating deaths occurred on 
boats where the operator had received boating safety instruction. 
Furthermore, only nine percent of reported boating deaths occurred on 
boats where the operator had received safety instruction from a course 
provider approved by the National Association of State Boating Law 
Administrators (NASBLA). Based on these statistics, the Coast Guard 
believes that boating safety courses, especially those approved by 
NASBLA, reduce reportable accidents and incidents. These approved 
courses include navigation rules familiarization and are required for 
some or all boat owners in nearly half of the United States.\4\ As a 
result of ever increasing state mandates for boating education, the 
number of recreational boaters that have completed a NASBLA-approved 
course has increased by more than 23 percent, from 397,633 in 2008 to

[[Page 37900]]

491,525 in 2012.\5\ The Coast Guard believes that expanding overall 
knowledge of the navigational rules has contributed to the decrease in 
reportable accidents and fatalities. Therefore, the Coast Guard's 
position is that navigation rules education offers better prevention 
than the simple requirement to carry the booklet. The Coast Guard does 
recognize the value of having a copy of the booklet aboard for 
reference, but believes that emphasis must remain on boaters' knowledge 
of the rules. Although the Coast Guard is not expanding the requirement 
to carry the inland navigation rules booklet based on the commenter's 
recommendation, operators on vessels less than 12 meters may do so 
voluntarily.
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    \3\ Coast Guard Recreational Boating Statistics are viewable 
online at: http://www.uscgboating.org/statistics/accident_statistics.aspx.
    \4\ Approved navigation courses are listed here: http://www.nasbla.net/courseListing.php. An example of a training course 
that provides ``rules of the road'' can be seen here: http://www.boatcourse.com/California/default.aspx.
    \5\ Based on annual reporting the Coast Guard receives from 56 
States and territories on the number of recreational boaters 
completing NASBLA-approved courses.
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    Secondly, the enforcement of required carriage, as proposed by the 
commenter, is particularly challenging. There are no current 
correlating measures of ``crew'' because recreational vessels are not 
required to have professional ``crew'' nor are there any capacity 
requirements which correlate to capacity for the application of the 
recommended requirement. Thirdly, the requirement for vessels of less 
than 12 meters in length to carry a paper book or an electronic copy of 
the navigation rules may be impractical because a large portion of the 
population of impacted vessels includes open construction vessels, 
which have limited or no stowage capacity. We acknowledge that the 
mandate for commercial vessels and vessels longer than 12 meters may 
appear as a discrepancy but we believe it to be a matter of 
practicality. The Coast Guard continues to require the carriage of the 
inland navigation rules booklet for reference by professional mariners 
onboard commercial vessels and onboard all vessels over 12 meters in 
length, but we do not believe that expanding the population required to 
carry the book as proposed is practical or enforceable.
    Finally, at the November 2011 NAVSAC meeting, NAVSAC withdrew this 
recommendation and has since considered it closed.
3. Preemption
    One commenter pointed out that the preemption statement which was 
proposed to be inserted at Sec.  83.01(a) needs to make clear that 
field preemption is intended, not merely conflict preemption. We agree 
with the comment that the rule should explicitly state that Coast Guard 
regulations regarding inland navigation rules are field preemptive, not 
merely conflict preemptive. As stated below in our Federalism analysis 
section, Congress specifically granted to the Coast Guard, through 
delegation by the Secretary, the exclusive 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.'' \6\ In doing so, Congress intended Coast Guard 
regulations to be exclusive within this field, meaning that states and 
local governments are preempted from regulating within the field of 
inland navigation rules.
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    \6\ 33 U.S.C. 2071.
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    Additionally, the commenter asked what subchapter the Coast Guard 
was referring to in the proposed regulatory text, which stated: ``The 
regulations in this subchapter have preemptive effect over State or 
local regulation within the same field.'' The Coast Guard is referring 
to Subchapter E of Chapter I of Title 33, Code of Federal Regulations, 
which is the subject of this rulemaking.
    Another comment stated that it is unwise for our proposed 33 CFR 
83.08 (Rule 8(a)) to differ from the COLREGS by limiting its 
application to Subpart B of the Rules (i.e., Rules 4-19). We disagree 
with this statement. This proposed section matches COLREG Rule 8(a), as 
amended by IMO Resolution A.910(22). The IMO resolution changed the 
rule to ``Any action 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.'' As we noted above, we have slightly 
modified the phrase by using ``Subpart'' where IMO uses ``Part'', and 
therefore have changed our text to reflect the reference appropriately, 
including a parenthetical reference for clarification. It is our intent 
that Rule 8(a) should be taken with full knowledge and compliance with 
Rules 4-19.
4. Lighting and Bells
    We received two comments regarding our proposed change to allow the 
optional display of an all-round white light by sailing vessels less 
than 7 meters in length and vessels under oars in Sec.  83.25(d)(i) and 
(ii). One commenter agreed and noted that many of these vessels lack an 
installed electrical system and that the option to display an all-round 
white light would provide an additional level of flexibility to 
boaters. We agree that boating and navigational safety would only 
improve with this optional lighting arrangement. The other commenter, 
however, thought this proposed change was contradictory, confusing, and 
potentially dangerous. He contended that a constant white light with 
accompanying sidelights is universally recognized as the navigation 
lights of a power-driven vessel, and that Sec.  83.23(d) specifically 
authorizes this combination for power-driven vessels of less than 12 
meters in length. As an alternative, he recommended that we create a 
new signal utilizing alternately flashing red and green lights in 
keeping with the optional red over green masthead lights authorized for 
sailing vessels in Sec.  83.25(c) or prescribe that the white light 
displayed by these small sailing vessels or vessels under oars be 
flashing at a frequency of 120 flashes or more per minute (in 
accordance with the definition of a flashing light in Sec.  83.21(f)). 
The Coast Guard agrees that a white light with sidelights is 
universally recognized as the navigation light of a power-driven 
vessel, but asserts that this rule would not allow these small sailing 
vessels or vessels under oars to be construed as power-driven vessels 
because it provides that a single white light would be displayed, not 
red and green sidelights.
    Secondly, we disagree with this comment because, as the Navigation 
Safety Advisory Council (NAVSAC) and the National Boating Safety 
Advisory Council (NBSAC) recommend, the proposed change provides these 
smaller vessels flexibility to enhance safety and visibility. We also 
disagree with the commenter's assertion that the proposed lighting 
option is unsafe; providing these vessels with the ability to be better 
seen would only enhance navigational safety. The optional fixed white 
light we propose is presented in the COLREGS for vessels of less than 7 
meters in length whose maximum speed is less than 7 knots. The Coast 
Guard believes that application of the all-round white light in the 
international rules is complementary to this application proposed by 
NAVSAC for the Inland Navigational Rules. We believe that the optional 
all-round white light proposed in the NPRM as recommended by NAVSAC and 
NBSAC provides increased safety over the existing rule which specified 
that a vessel meeting the criteria was not required to be lighted but 
may show a fixed white light (white hand torch) which ``shall be 
exhibited in sufficient time to prevent collision'' (see 33 CFR 
83.25(d)(i)).
    Another commenter wrote to support our proposed revision to remove 
the requirement for a bell aboard vessels

[[Page 37901]]

greater than 12 meters in length but less than 50 meters. We agree with 
the commenter; this change recognizes the development of alternative 
methods, beyond bells, to provide an audible warning to help avoid 
collisions. The commenter further supported this proposed revision by 
stating that the change will provide greater flexibility for 
recreational boaters to comply with the regulations.
    Lastly, a commenter stated that the change from ``Secretary'' to 
``Coast Guard'' in Sec. Sec.  83.30(g) and 83.35(l) was unexpected but 
refreshingly clear. We believe it is a change without much distinction 
but the recent formal delegation to USCG from DHS (Department of 
Homeland Security Delegation 0170.1, Delegation to the Commandant of 
the Coast Guard) has allowed this change which should be easier for the 
public to understand.

B. Comments Received to Proposed Changes Resulting in Modification of 
Regulation

1. ``Other Electronic'' in Sec.  83.07(b)
    One commenter made several comments regarding our proposed 
insertion of the words ``and other electronic'' into Sec.  83.07(b) in 
accordance with a NAVSAC resolution. The commenter made several 
arguments: First, that the insertion would be a deviation from the 
COLREGS, contrary to our goal of aligning with the COLREGS; second, he 
expressed concern regarding the applicability of `other electronic' 
navigational equipment as it applies to Rule 7(b) which pertains to the 
radar and the automatic radar plotting aid (ARPA) functions and their 
use in collision avoidance; third, the commenter pointed out that the 
addition results in no substantive change in the rule because paragraph 
(a) of the rule already requires mariners to use ``all available 
means'' to determine if a risk of collision exists. Finally, the 
commenter argued that the additional requirement may obscure the 
enforcement and application of the Pennsylvania Rule,\7\ which shifts 
the burden of proof to a vessel, once it has been established that that 
vessel has violated a law or regulation intended to prevent collisions, 
to rebut the presumption of causation by demonstrating that the 
violation could not have caused the collision.
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    \7\ The Pennsylvania, 86 US 125; 22 L Ed 148 (1873).
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    With regard to these comments, the Coast Guard has reconsidered 
this addition and has decided to withdraw the amendment. We acknowledge 
that by inserting the language, mariners would have been reminded to 
use the other electronic navigation equipment. However, the proposed 
paragraph (b) pertains to radar functions and the functionality 
currently described there may not directly pertain to all ``other 
electronic equipment''.
    Additionally, as the commenter pointed out, one of the guiding 
principles of this rulemaking was to align with the COLREGS as much as 
possible. The insertion of the phrase ``and other electronic'' would 
have been a deviation from the COLREGS.
    Lastly, we recognize that our use of the phrase ``other electronic 
equipment'' in Sec.  83.07(b) might have had unintended consequences in 
light of the Pennsylvania Rule. Specifically, in litigation following a 
collision, the Pennsylvania Rule as applied to the proposed language 
could potentially have been used to shift the burden onto a 
navigational watch officer to prove that his or her failure to employ 
every electronic device in the wheelhouse did not cause the collision. 
Our intent in proposing the phrase ``other electronic equipment'' in 
Sec.  83.07(b) was to require a navigational watch officer to utilize 
equipment such as the Automatic Identification System (AIS) to 
determine whether the risk of collision exists. Paragraph (a) of Rule 7 
(Sec.  83.07) achieves this purpose, without the unintended 
consequences discussed above, by only requiring officers to use those 
available means ``appropriate to the prevailing circumstances and 
conditions. . . .''
2. Relocation of Sec. Sec.  88.11 and 88.12 Regarding Lights on Law 
Enforcement and Public Safety Vessels
    We received three comments regarding our proposed relocation of 
regulations regarding lights for law enforcement vessels (Sec.  88.11) 
and lights for vessels involved in public safety activities (Sec.  
88.12). We had proposed, based on NAVSAC's recommendation, to relocate 
these paragraphs to 33 CFR 83.27 which pertains to vessels restricted 
in ability to maneuver. The commenters expressed concern about the 
unintended consequences of describing these vessels as ``restricted in 
ability to maneuver (RAM)'' and how that might impact the hierarchy of 
vessels as described in Rule 18 (Sec.  83.18), because it would provide 
these vessels precedence. Additionally, the existing text in Sec.  
88.12, as it describes public safety vessels, specifically indicates 
that it does not convey any special privilege to these vessels. 
Therefore, the language as written would be problematic if inserted 
without edit, as proposed in Rule 27 (Sec.  83.27), regarding vessels 
restricted in ability to maneuver (RAM). At the November 2012 NAVSAC 
meeting members were briefed on the concerns raised by commenters and 
as a result, NAVSAC amended the original resolution to provide for 
separate relocation of the paragraph concerning public safety light 
(Sec.  88.12) from the law-enforcement light (Sec.  88.11). It is our 
opinion that the original intent of the relocation was to facilitate 
visibility and knowledge of these lights. However, separating these two 
related regulations (Sec. Sec.  88.11 and 88.12) would only perpetuate 
the problem of lack of public knowledge. Additionally, we agree with 
the commenters that by placing both public safety and law enforcement 
lights in the RAM section as proposed may unnecessarily provide these 
vessels with precedence based on hierarchy of vessels as defined in 
Rule 18.
    Since the remainder of existing 33 CFR part 88 has been removed by 
this rule, we have chosen to renumber the remaining paragraphs 
sequentially and law-enforcement vessels will now be 33 CFR 88.05 and 
public safety activities will be 33 CFR 88.07. Additionally, as a 
result of our decision to retain these provisions in 33 CFR part 88, we 
also need to retain Sec.  88.01 (Purpose and applicability) and Sec.  
88.03 (Definitions).
    We received one comment regarding the proposed relocation of Sec.  
88.13 (Lights on Barges) and Sec.  88.15 (Dredge Pipelines) to Sec.  
83.24(k) through (o), which contains rules pertaining to towing and 
pushing. The commenter offered that Sec.  83.30 (Anchored Vessels and 
Vessels Aground) was a better fit, given the content of the paragraphs 
being relocated. We agree that the requirements for lights on moored 
barges fits better in the recommended Sec.  83.30(h)-(l) and will 
rename the section to ``Vessels Anchored, Aground, and Moored Barges''. 
We also agree with the commenter's recommendation to relocate Sec.  
88.15 to Sec.  83.27(d)(iv) because it pertains to lights on dredge 
pipelines and the recommended relocation site pertains to dredging 
operations.

C. Comments Received to Unaltered Text That Resulted in Change

    We received one comment pertaining to Sec.  83.24(f)(iii) and the 
omission of a comma. The paragraph is meant to depict the configuration 
of a single towing vessel with barges on both sides (towing on the 
hips), not multiple towing vessels with barges on both sides in a 
single configuration. We agree and have inserted a comma so that it now 
reads: ``on both sides of the towing vessel, a sternlight . . .''

[[Page 37902]]

    We received one comment regarding the permanent exemptions provided 
for in Rule 38 (Sec.  83.38) which have long since expired and are no 
longer necessary (e.g., ``9 years after the effective date of the 
Inland Navigational Rules Act of 1980''). We agree and have chosen to 
strike this phrase as it occurs in Sec.  83.38 (d)(i), (d)(ii), 
(d)(iv)(2). Additionally, we have removed Sec.  83.38 (d)(v) and (vii) 
as proposed in the NPRM because those dates have lapsed. Accordingly, 
Sec.  83.38 (d)(vi) as proposed in the NPRM has been relocated to Sec.  
83.38 (d)(v) in this final rule.
    We received one comment regarding the use of the phrase ``on a 
clear dark night'' currently in Sec.  88.15 and being relocated to 
Sec.  83.27(d)(iv) by this rulemaking. The commenter said that the 
phrase was carried over from the old Pilot Rules but lacks specificity 
and could lead to disagreement and argument. The commenter recommended 
striking the phrase from Sec. Sec.  83.24(p)(i)(3) and 83.24(p)(ii)(2). 
We concur that the use of ``clear dark night'' is ambiguous and have 
chosen to remove the text as recommended.

D. Comments Received on Unaltered Text That Did Not Result in Change

    We received one comment expressing concern about inland tow boat 
operations and the application of international conventions and 
regulations on them. The commenter recognized the benefit of aligning 
the inland navigational rules with the COLREGS as proposed by NAVSAC, 
but was concerned about the application of other international 
regulations on the inland towing industry. We agree that there are 
benefits to aligning the inland navigational rules with the COLREGS. 
This rule does not deal with other international regulations.
    One comment we received questioned whether ``inland'' should be 
capitalized in each occurrence of the rule to reflect that it is the 
proper name of those waters specified in The Act and not all internal 
waters of the United States. We have chosen not to amend other 
instances of the word ``inland'' because the statutory authority 
doesn't capitalize it. See 33 U.S.C. 2071.
    We received a comment regarding the practical implication of Rule 
3(f) (Sec.  83.03(f)) pertaining to a vessel not under command; this is 
defined as a vessel not able to maneuver as required by the rules 
through some exceptional circumstance and is therefore unable to keep 
out of the way of another vessel. The commenter argued that vessels not 
under command because of some exceptional circumstance such as fire, 
flooding, man-overboard, or the like may well be able or want to 
maneuver to stabilize the situation aboard the vessel and the commenter 
was concerned about the limitations imposed by the definition and the 
vessel's ability or inability to maneuver as a result. We reviewed the 
definition and believe it provides adequate flexibility for vessels 
claiming not to be under command, while requiring adequate warning to 
other vessels operating in the vicinity that the vessel is unable to 
maneuver as required and may not be able to keep out of the way of 
other vessels. When this condition is taken in the context of Rule 18 
(Sec.  83.18), these vessels have the highest precedence, and all other 
vessels should use caution when operating in their vicinity, or as 
required by 46 U.S.C. 2304, provide assistance.
    One comment expressed concern over a contradiction in the 
definition of a vessel ``restricted in ability to maneuver'' and those 
vessels that are likely to claim this status. The commenter pointed out 
that vessels restricted in ability to maneuver as defined in Sec.  
83.03(g) (Rule 3(g)--cable laying, buoy tending, dredging, surveying, 
replenishment or transferring of personnel, etc) are in fact highly 
maneuverable. The commenter recommended that the definition in Rule 
3(g) be modified to ``the term vessel restricted in ability to maneuver 
means a vessel which, from the nature of her work, is relieved of its 
obligation to keep out of the way of another vessel as may be required 
by the rules . . .'' We have chosen not to change the text as 
recommended because: (1) it would be a deviation from the COLREGS; and 
(2) we feel the current definition adequately provides that a vessel's 
work is the reason for the restriction and for the effect on the 
vessel's normal ability to maneuver.
    One commenter wrote to say that he was pleased to see that the 
Coast Guard had decided against including an amendment to Sec.  83.05 
(Rule 5) to accommodate and include unmanned vehicles and vessels. The 
Coast Guard understands that the field of unmanned vessels is growing 
rapidly but has thus far chosen to defer to the international community 
on the application of collision avoidance rules to these vessels or 
vehicles. Accordingly, the U.S. representative at meetings of the 
international maritime community will continue to advocate for 
regulations to ensure the safety of both manned and unmanned vessels.
    One commenter found the phrase ``not to impede'' in Sec.  83.08(f) 
(Rule 8(f)) contradictory and confusing. The commenter stated that 
while there are very specific responsibilities for give-way and stand-
on vessels in Rules 16 and 17 (Sec. Sec.  83.16-17), the 
responsibilities are not specific for those vessels which are ``not to 
impede''. Furthermore, the commenter questioned ``how a vessel should 
maneuver if they are deemed to be both `stand-on' and `not to impede'; 
wouldn't it be a violation of rule 17 if the stand-on vessel 
maneuvered?'' The language we used in this explanation reflects our 
attempts to align with the COLREGS. In our reading of Rule 8(f), ``not 
to impede'' is applicable to vessels crossing a narrow channel or 
fairway (see Sec.  83.09(d)-Rule 9(d)), vessels engaged in fishing (see 
Sec.  83.10(i)-Rule 10(i)), and those vessels of less than 20 meters 
(see Sec.  83.10(j)-Rule 10(j)). Therefore, these vessels have the 
freedom of navigation and are able to utilize narrow channels and 
fairways for their own purposes. However, if vessels are sighted 
utilizing the narrow channel or fairway, these vessels using the 
channel for their own purposes are to cease and follow the steering and 
sailing rules while vacating and allowing the safe passage of the other 
vessel.
    One comment proposed a change in Sec.  83.15(b) (Rule 15) regarding 
power-driven vessels: ``a power-driven vessel crossing a river shall 
keep out of the way of a power-driven vessel ascending or descending 
the river''. This comment proposed that the power-driven vessel 
crossing a river was responsible to keep out of the way of any vessel 
ascending or descending the river. The previous amendment to this rule 
was a result of a NAVSAC 1992 recommendation. The Coast Guard will ask 
NAVSAC to consider these concerns at its next meeting.
    One commenter pointed out that Sec.  83.19(a) (Rule 19) clearly 
states that the factor which determines restricted visibility is 
``vessels not in sight of one another when navigating in or near an 
area of restricted visibility''. He recommended the definition of 
restricted visibility be expanded in Sec.  83.03(l) to read: ``the term 
restricted visibility means the inability, due to fog, mist, falling 
snow, heavy rainstorms, sandstorms or any other similar meteorological 
condition, to observe visually a potential risk of collision''. The 
Coast Guard has decided to not change the text in either of the 
referenced rules because doing so would not align with the COLREGS. 
Additionally, the proposed change is not needed because Sec.  83.03(l) 
is clear when read together with Sec.  83.19 (Conduct of vessels in 
restricted visibility, Rule 19).

[[Page 37903]]

    We received three comments regarding the use of day shapes as 
defined by the Rules in Subpart C (Sec. Sec.  83.20-83.31). One 
commenter felt that Sec.  83.20 (Rule 20) should be amended to state 
that the shapes should only be displayed while the vessel is explicitly 
conducting operations as defined by the use of the shapes. Another 
commenter pointed out that in Sec.  83.24(e) (Rule 24) the use of the 
diamond shape for vessels towing another vessel a distance that exceeds 
200 meters is often misused; some towing vessels have chosen to 
permanently display the lights and in doing so may incorrectly be 
displaying the diamond shape while towing alongside, pushing ahead or 
towing astern when the length of tow is shorter than 200 meters.
    We also received a comment concerning special-purpose lights and 
shapes. The commenter pointed out that Sec.  83.26(a) (Rule 26(a)) 
makes it perfectly clear that a ``vessel engaged in fishing . . . shall 
exhibit only the lights and shapes prescribed in this Rule'', and he 
recommended similar wording be adopted for all vessels displaying 
special-purpose lights under Sec.  83.20 (Rule 20). The Coast Guard 
disagrees for the following reasons. First, doing so would not align 
with the COLREGS. Second, we believe the Rules which provide tacit 
guidance between Sec.  83.03 (Rule 3) and Sec.  83.20(d) (Rule 20(d)) 
are adequate for defining when shapes are to be displayed. These rules 
do not modify the text as one commenter proposed to ``The Rules 
concerning shapes shall be complies (sic) with throughout the twenty-
four hour day''. Further, the Oxford Dictionary's definition of day, 
which is ``the part of a day when it is light; the time between sunrise 
and sunset'', aligns with our use of day shapes. In this way, the 
application of day shapes is in concert with the use of special purpose 
lights which are to be used, as specified by Sec.  83.20(b)(Rule 
20(b)), ``from sunset to sunrise''. Lastly, the rules are explicit 
about the use and display of day shapes and we point out that 33 U.S.C. 
2072 provides the enforcement and penalty provisions for incorrect 
display of shapes and lights and serves as an enforcement mechanism 
when violations are noted.
    One commenter expressed confusion regarding the use of the word 
``line'' with regard to the vertical placement of lights as referenced 
in Sec.  83.24 (Rule 24) and proposed the use of ``axis'' instead. 
Within the inland navigation rules the term ``vertical line'' is used 
throughout the lights section; whereas, ``vertical axis'' is only used 
with regard to sound signal configuration in 33 CFR 86 (Annex III). It 
is our belief that `line' is more easily understood than `axis' but we 
believe that the application of `axis' to sound signals is appropriate 
because during reduced visibility it would be difficult to ascertain if 
they were in ``line'' whereas the more generic ``axis'' may apply. For 
these reasons, changing the wording from ``line'' to ``axis'' in Sec.  
83.24 would not improve the rule.
    We received one comment regarding the requirement in Sec.  
83.27(e)(ii) (Rule 27(e)) for small vessels engaged in diving 
operations to have a rigid replica flag with all-round visibility. The 
commenter pointed out that it is impossible for the rigid replica of 
the International Code flag ``A'' authorized by this rule to be visible 
from all-round as it is a two-dimensional flag. The commenter proposed 
that in order to make the rigid replica all-round visible, two 
intersecting rigid replicas would be more suitable. The Coast Guard has 
chosen not to adopt this recommendation at this time because to do so 
would be a deviation from the COLREGS. Additionally, the rule does not 
require all-round visibility but rather asks that measures be taken to 
ensure its all-round visibility. A subtle difference but we believe 
that the rule requires that the rigid replica not be placed where it 
might be blocked by the superstructure or other object. We do 
understand the potential for vessels approaching the rigid replica on a 
side angle to not be able to distinguish it and discern its meaning, 
but believe the rigid replica provision instead of a cloth flag is an 
attempt at ensuring other vessels are aware that the subject vessel is 
engaged in diving operations. Therefore, while we understand the 
commenter's concerns regarding the ``all-round visibility'' possible 
with a single rigid Code ``A'' flag, we will not adopt his 
recommendation at this point. We may, however, present the proposed 
alternative of intersecting rigid replicas at a future NAVSAC meeting.
    Lastly, we received a comment requesting the Coast Guard to 
explicitly define what constitutes a ``high speed craft'' according to 
the Rules. We have chosen not to further define the term ``high speed 
craft'' in Part 83 because there is a reference in 33 CFR 84.01(b) 
(Annex I) which provides the definition and operational requirements 
for vessels to be considered high speed craft. The Coast Guard has 
chosen to insert clarifying language to ensure compliance with 
requirements in Sec.  83.24(i) by towing vessels on the Mississippi 
River. We were informed that the point of reference (the Huey P. Long 
Bridge) was confusing because there are two such named bridges on the 
lower Mississippi River. As a result, we have inserted a mile marker 
reference to ensure compliance.
    We are adopting without change all other proposed amendments found 
in the NPRM (August, 28, 2012, 77 FR 52176).

E. Technical changes

    We have made several technical changes in this final rule to 
improve readability and correct typographical errors. In the NPRM, one 
of the references in Sec.  83.25 to ``white lights'' used the word 
``while'' instead of ``white.'' In the NPRM, references to ``meter'' in 
Sec.  83.26(f)(1) and Sec.  84.06(a)(2) should have used the plural 
``meters.'' In the NPRM, Sec.  83.27(f) contained a reference to Rule 
30, but left out the standard parenthetical cross-reference to the 
appropriate CFR section. In the NPRM, Sec.  84.07 (renumbered in this 
final rule as Sec.  84.13) used an outdated address. We have made 
corrections to these sections in this final rule.
    Prior to this rulemaking, 33 CFR part 86, subpart A--Whistles, 
contained Table 86.05 regarding sound signal intensity and range of 
audibility. The Table was followed by a note that read as follows: 
``The range of audibility in the table above is for information and is 
approximately the range at which a whistle may usually be heard on its 
forward axis in conditions of still air on board a vessel having 
average background noise level at the listening posts (taken to be 68 
dB in the octave band centered on 250 Hz and 63 dB in the octave band 
centered on 500 Hz).
    In practice the range at which a whistle may be heard is extremely 
variable and depends critically on weather conditions; the values given 
can be regarded as typical but under conditions of strong wind or high 
ambient noise level at the listening post the range may be much 
reduced.''
    In the NPRM, we revised and relocated the Table so that it appears 
as Table C in Sec.  86.01. However, in the NPRM, we inadvertently 
deleted the note. Accordingly, in this final rule, we have reinserted 
the information from the note. For purposes of readability, we have 
made minor adjustments to the language of the note, and we have 
relocated it to appear in the regulatory text at Sec.  86.01(c).

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below, we summarize our 
analyses based on several of these statutes or executive orders.

[[Page 37904]]

A. Regulatory Planning and Review

    Executive Orders (E.O.s) 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 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 by removing contradictory language, expanding options for 
compliance, allowing for new technologies and removing outdated 
equipment from our regulations.
    This final rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, as supplemented by E.O. 13563, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of E.O. 12866. The Office of Management and 
Budget (OMB) has not reviewed it under E.O. 12866. Nonetheless, we 
developed an analysis of the costs and benefits of the rule to 
ascertain its probable impacts on industry. A regulatory assessment 
follows:
    As stated in section IV. Discussion of Comments and Changes of this 
preamble, this rule updates existing regulations to match those in the 
COLREGS, incorporates certain provisions suggested by NAVSAC, and adds 
language regarding federalism, based on President Obama's 2009 
memorandum and E.O. 13132. These regulations fall under two categories: 
harmonizing and discretionary. Harmonizing changes include provisions 
associated with the Presidential memorandum and the 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 tailor the inland 
navigation rules to conform with the COLREGS as much as practicable. 
The rule 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 
rule 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. No 
comments were submitted regarding this alternative.
    2. Requiring 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 all vessels more than 16 feet long. The Coast Guard chooses 
not to adopt this resolution for a number of reasons, one of which was 
the lack of quantifiable benefits to justify a high regulatory burden 
on recreational vessels. Requiring the carriage of the booklet will 
affect 6.5 million vessels within the ``over 16ft to but less than 20 
meters'' category, at the cost of $23 a book.\8\ At that rate, the cost 
to implement this alternative will cost approximately $150 million. As 
stated in the preamble of this rule, we believe that education is a 
better method of prevention than requiring the carriage of the book, 
that enforcement will be challenging, and that it will be impractical 
for some to carry the book (particularly in open construction vessels). 
Given these reasons, we rejected this alternative.
---------------------------------------------------------------------------

    \8\ This is a high estimate as the booklet can also be 
downloaded at http://www.navcen.uscg.gov/pdf/navRules/CIM16672_2D_NavRules_111123.pdf
---------------------------------------------------------------------------

Summary of the Rule
    Vessels affected by this rule are those traveling on inland waters 
of the United States. There will be an additional cost for future WIG 
craft to install a light. There would not be additional costs or burden 
from the other harmonizing or discretionary provisions. A benefit of 
the harmonizing provisions is complying with the COLREGS and the 
Presidential memorandum. Both harmonizing and discretionary provisions 
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 1.

[[Page 37905]]



               Table 1--Summary of the Regulatory Analysis
------------------------------------------------------------------------
                                       Summary              Summary
            Category               (harmonization)      (discretionary)
------------------------------------------------------------------------
Affected population............  All vessels          All vessels
                                  traveling on         traveling on
                                  inland waters.       inland waters.
                                 Certain subgroups    Certain subgroups
                                  of vessels (refer    of vessels (refer
                                  to Table 3 for       to 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.
Un-quantified 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 rule affects vessels on inland waters of the United States. 
Some of the provisions in this rule affect specific subgroups of these 
vessels. Population groups and subgroups affected by this rule are 
listed in Table 2.
---------------------------------------------------------------------------

    \9\ 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.

      Table 2--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.
10: WIG craft.\9\                           N/A: Sailing vessels of less
                                             than 7 meters in length.
907: Vessels of 12 meters or more, but      N/A: Vessels under oars.
 less than 20 meters in length.
New high-speed vessels of 50 meters or      N/A: Fishing vessels (non-
 more in length.                             trawling).
N/A: Vessels less than 75 meters.
N/A: Vessels 20 meters or more in length.
N/A: Vessels equipped with radiotelephone
 alarms or radiotelegraph alarms.
N/A: Partially sunken vessels and objects
 being towed in combination.
------------------------------------------------------------------------

Summary of the Impacts of This Rule on Affected Populations

    Since the publication of the NPRM, there were seven main changes 
made to the proposed rules and several more clarifying edits. Table 3 
characterizes these changes.

                     Table 3--Changes Since the NPRM
------------------------------------------------------------------------
                                   Changes from the
       Final rule section                NPRM               Impacts
------------------------------------------------------------------------
83.07(b)........................  Removes ``other     No cost or impact.
                                   electronic          ``[O]ther
                                   equipment from      electronic
                                   the phrase,         equipment'' was
                                   ``[p]roper use      deemed redundant
                                   shall be made of    so its removal
                                   radar and other     will not have an
                                   electronic          impact.
                                   equipment if
                                   fitted and
                                   operational. .
                                   .''.
83.27, 83.30....................  Includes Dredge     No cost or impact
                                   pipelines.          since the
                                   Vessels anchored,   location of the
                                   aground, and        regulation
                                   moored barges. Re-  changed, but not
                                   labels and moves    the requirements.
                                   requirements to
                                   new locations.
88.01, 88.03, 88.05, 88.07......  Reinserts Purpose   No cost or impact
                                   & Applicability     since the
                                   and Definitions     location of the
                                   sections for        regulation
                                   reference of        changed, but not
                                   section 88. Law     the requirements.
                                   enforcement
                                   lighting, public
                                   Safety Vessels.
83.24(f)(iii)...................  Removal of the      No impact because
                                   ``s'' in ``towing   it is a
                                   vessels'' and the   clarifying
                                   addition of a       change.
                                   comma to the
                                   phrase ``on both
                                   sides of the
                                   towing vessel, a
                                   sternlight. . .''.
83.24(i)........................  Addition of mile-   No impact;
                                   marker reference    provides more
                                   point in 83.24      specificity.
                                   for the Huey P.
                                   Long Bridge.
83.27(d)(iv)(1)(C) and            Remove ``clear      Removes ambiguous
 83.27(d)(iv)(2)(B).               dark night'' from   language.
                                   the Dredge
                                   Pipeline Lighting
                                   requirements.
83.38d(i), d(ii), d(iv).........  Removes expired     No impact. Change
                                   exemptions.         reduces
                                                       unnecessary
                                                       language.

[[Page 37906]]

 
83.01, 83.04, 83.08(a),           Insertion of        Clarifying
 83.08(f)(ii), 83.08(f)(iii),      clarifying          language to
 83.10(a), 83.11, 83.13(a),        references to       ensure mariners
 83.18(e), 83.18(f)(ii),           specify Rules,      aware of
 83.19(c), 83.20(a), 83.22,        Subpart, or         appropriate
 83.26(f), 86.01(g)(i), 84.02(i).  Subchapter.         references.
84.07, 84.08, 84.09, 84.10,       Section 84.07-      No impact,
 84.11, 84.12, 84.13, 84.14.       84.13 in the NPRM   necessary for IBR
                                   moved to 84.13-     reference and to
                                   84.20               maintain
                                   respectively.       alignment with
                                                       COLREGs.
------------------------------------------------------------------------

    Besides the above changes, this rule modifies 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.
---------------------------------------------------------------------------

    \10\ By 1995, the Coast Guard considered telegraphs to be 
obsolete. http://www.gpo.gov/fdsys/pkg/FR-1995-01-27/pdf/95-2092.pdf.

                  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
                                        rule and that this                                the federal
                                        rule preempts state                               regulations. There are
                                        and local laws.                                   no state laws that
                                                                                          conflict with the
                                                                                          federal regulations.
                                                                                         Benefit: Clarifies
                                                                                          federalism and adheres
                                                                                          to the Presidential
                                                                                          memo.
Alignment with COLREGS:
    Sec.   83.03(a), Sec.   83.03(n),  Provides operational     WIG craft..............  Cost: $1,119. To
     Sec.   83.18(f), Sec.              and lighting                                      install an all-round
     83.23(c), Sec.   83.31.            requirements for WIG                              red light for 1 vessel
                                        craft when operating                              per year.
                                        on water.                                        Benefit: Conforms with
                                                                                          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  Removes the need for a   New vessels 12 meters    Cost Savings: $299 per
     B.                                 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
                                        equipped with a bell     or more in length, but   the use of existing
                                        and the bell is used,    less than 20 meters in   bells. The use of
                                        the sound must be made   length.                  bells is optional.
                                        at 2-minute intervals,                           Benefits: Reduces risk
                                        which is the same as                              of collision if proper
                                        the existing sounding                             sound signal is used
                                        requirements.                                     during reduced
                                                                                          visibility. Conforms
                                                                                          with COLREGS.
    Sec.   84.19.....................  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                               modifications to
                                        CFR 84.19.                                        existing lights.
                                                                                         Benefits: Makes
                                                                                          lighting requirements
                                                                                          more lenient.
                                                                                          Accommodates new
                                                                                          vessels with novel
                                                                                          designs. Conforms with
                                                                                          COLREGS.

[[Page 37907]]

 
    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    Vessels of 20 meters or   a new whistle.
                                        have the option of       more in length..        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.
                                       Reduces the required                               Conforms with COLREGS.
                                        frequencies for
                                        vessels of 20 meters
                                        or more in length..
    33 CFR Part 87...................  Radiotelegraph and       Vessels equipped with    Cost: $0.
                                        radiotelephone alarms    radiotelephone alarms    Radiotelegraphs are
                                        would no longer be       or radiotelegraph        obsolete.\10\
                                        accepted as approved     alarms.                  Radiotelephones can be
                                        distress calls                                    used, but not their
                                       Adds Digital Selective                             alarms. Does not
                                        Calling, INMARSAT, and                            require equipment
                                        other mobile satellite                            replacement. Has been
                                        service provider ship                             effect since SOLAS V
                                        to Earth stations.                                in 1999.
                                                                                         Benefit: Updates the
                                                                                          list of approved
                                                                                          distress signal
                                                                                          equipment to
                                                                                          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.          Renumbers or moves       .......................  Cost: $0. Changes
     83.08(a), Sec.   83.09, Sec.       regulations without                               include removal of
     83.18(d), Sec.   83.18(e), Sec.    substantive changes in                            headings, moving
      83.20(e), Sec.   83.23(c)-(d),    order to align text                               sections to other
     Sec.   83.24(c)(1), Sec.           with that of COLREGS.                             locations, or
     83.35(i)-(j), Part 84--ANNEX I,                                                      renumbering. Provides
     Sec.   85--ANNEX II, Part 86--                                                       no additional
     ANNEX III, Part 87--ANNEX IV,                                                        requirements to
     Part 88--ANNEX V, Sec.   88.03,                                                      industry.
     Sec.   88.05, Sec.   88.09, Sec.                                                    Benefits: Adherence to
       88.11, Sec.   88.12.                                                               COLREGS formatting.
                                                                                          Simplifies use between
                                                                                          COLREGS and the CFR.
----------------------------------------------------------------------------------------------------------------
                                            Discretionary Provisions
----------------------------------------------------------------------------------------------------------------
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
                                                                Vessels under oars.....   of an all-round white
                                                                                          light. 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.
83.27(d).............................  Remove ``clear dark      Dredge Pipelines.......  Cost: $0. Removes
                                        night'' from the                                  confusing and
                                        Dredge Pipeline                                   unexplained
                                        Lighting requirements.                            stipulation.
                                                                                         Benefits: Provides a
                                                                                          clear standard.
----------------------------------------------------------------------------------------------------------------

Costs
    As stated in section II. Basis and Purpose of this preamble, the 
primary purpose of this rule is to harmonize existing domestic law with 
current international law. The secondary purpose of this rule is to 
incorporate NAVSAC recommendations. We note that the discretionary 
NAVSAC recommendations do not require any additional cost, but rather 
add options and provides clarity to the existing rules.
    Most of the provisions harmonize the CFR with the COLREGS by moving 
sections to different locations, renumbering, or reformatting.\11\ 
There are six changes to the COLREGS that affect specific vessels. The 
first change incorporates WIG craft into the population of affected 
vessels. The second change removes the need for a

[[Page 37908]]

bell, particularly for new vessels of 12 meters or more in length, but 
less than 20 meters. The third change modifies 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.
---------------------------------------------------------------------------

    \11\ 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 E.O. 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 the 
NPRM, there is ongoing prototype and feasibility testing in the United 
States for WIG crafts. We did not receive any comments regarding our 
cost or growth estimates, so our estimates remain the same.
    Prototype versions may be tested on inland waters and some of the 
prototypes may successfully pass testing. Given the existence of 
prototype tests and the possibility of one being successful, we assume 
one new vessel operating on inland waters in any given year.\5\ The 
incremental cost for one WIG craft covers the addition of 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 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 calculated cost of this provision for WIG craft masthead light 
based on the estimated number of vessels (one vessel annually), 
multiplied by the cost of the light (one light required per vessel), 
and determined that this section of the rule would provide a total 10-
year 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    7% Discounted 10-  3% Discounted 10-
 Future vessel population  (annual)    Per vessel cost   undiscounted cost      year cost          year cost
----------------------------------------------------------------------------------------------------------------
1...................................              $112             $1,119               $786               $954
----------------------------------------------------------------------------------------------------------------
Note: numbers may not add up due to rounding.

    Table 6 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
----------------------------------------------------------------------------------------------------------------

    2. New vessels of 12 meters or more, but less than 20 meters, in 
length. One of the provisions in the NPRM removed 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 did not receive any comments regarding our assumptions or 
methodologies regarding the removal of these bells. Therefore, the 
average retail price of a bell ($299) represents the potential costs 
incurred by the owner should the owner choose to purchase and install a 
bell.7 8 The future growth rate is based on the build

[[Page 37909]]

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). The 
cost savings to industry is based on the growth rate, multiplied by the 
cost of a bell. This section of the rule will 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 cost      Annual cost     undiscounted cost
                                                              savings            savings            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, which are the existing sounding 
requirements for a bell.
    For whistles used on vessels of less than 75 meters in length, the 
acceptable range for frequencies would be expanded. This provision 
allows 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 rule requires 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 is no cost for this provision, as this does not require the 
replacement of an existing whistle since those would still be within 
the proposed standards. While there were comments pertaining to these 
requirements, there were no comments regarding the no-cost assumption 
for either the optional lighting requirement or the relaxation of the 
whistle requirement. Therefore, we maintain our no-cost assumption for 
the final rule.
    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 with length-to-beam 
ratios greater than 3. This formula sets a lower minimum height for the 
main masthead light than the current U.S. formula. Vessels often 
operate with some angle of trim,\9\ which makes complying with the 
original formula onerous. The new formula accounts for trim, and aligns 
U.S. regulations with international standards. There were no comments 
regarding high-speed craft. Therefore, there is no change to our no-
cost assumption in adhering to this requirement of the rule.
---------------------------------------------------------------------------

    \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 did not receive comments regarding the use 
of this equipment, so our no-cost assumption will remain the same for 
the final rule.
---------------------------------------------------------------------------

    \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 states 
that any combination of these two items being towed would also need to

[[Page 37910]]

follow the same lighting and shape requirements. The intent of this 
change is to conform with the COLREGS. This provision was listed in the 
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 did not exist 
for individuals. There were no comments regarding this provision; 
therefore, no cost changes were made.
    Other harmonizing changes to the CFR are non-substantive and simply 
align current regulations to match the formatting of the COLREGS (refer 
to Table 4 for the summary of these non-substantive changes). Overall, 
we estimate that the harmonizing provisions of this rule would have no 
cost to industry. We did not receive any comments to the contrary. 
However, we received comments regarding the removal or relocation of 
certain phrases and paragraphs. Changes as listed in Table 4 will have 
no cost or impact on owners complying with this rule. Therefore, our 
no-cost assumption remains the same for these harmonizing changes.
    As noted above, there is a second category of changes, which are 
recommendations from NAVSAC. These changes represent discretionary 
actions on the part of the Coast Guard. The 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. 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. Also, because this change would not require the purchase of new 
equipment, it does not carry any costs. We did not receive any comment 
that materially alters our no-cost assumption for this provision.
    The Coast Guard has chosen to insert clarifying language to ensure 
compliance with requirements in 83.24(i) by towing vessels on the 
Mississippi River. We were informed that the point of reference (the 
Huey P Long Bridge) was confusing because there are two such named 
bridges on the lower Mississippi River. As a result, we have inserted a 
mile marker reference to ensure compliance. There is no added cost in 
this clarification.
    One final change is to correct an error in the CFR. Prior to this 
final rule, 33 CFR 83.26 contained two subparagraphs (c). This final 
rule clarifies that 33 CFR 83.26(b) applies to fishing vessels engaged 
in trawling, and 33 CFR 83.26(c) applies to fishing vessels engaged in 
fishing, other than trawling. 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 rule is to relax existing 
requirements on certain vessels, the only cost in this 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. We did not 
receive any comments that materially altered our assumptions; 
therefore, this no-cost assumption remains the same.
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 application to inland 
navigation. Modifying the format and numbering of the regulations to 
match the formatting and numbering of the 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 new 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 the COLREGS. Given the possibility of future 
vessels, 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 the 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 regulation changes the lighting formula, 
making lighting requirements more lenient by accommodating new vessels 
with novel designs. This change conforms with the COLREGS.
    5. Radiotelegraph and Radiotelephone alarms and updates to approved 
emergency distress call equipment. This change provides regulatory 
flexibility by updating the list of approved distress signal equipment 
to 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 the COLREGS.
    NAVSAC Changes. This 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. We received comments regarding the use 
of an all-round white light on a sailing vessel, to the effect that the 
vessel might be mistaken for a power-driven vessel.''
    We counter that the lighting requirements are different and that 
the inherent benefits of additional lighting would be to the benefit of 
the sailing vessel. Therefore, our benefit assumption remains the same.
    NAVSAC also recommended changes to navigation requirements, such as 
requiring vessels to use navigation technology for collision avoidance 
purposes if the equipment is already installed. Adopting the 
requirement to use already installed navigational technology for 
collision avoidance purposes reduces the risk of a collision.
    Finally this rule fixes an erroneous and contradictory provision in 
the regulations. Removing the contradictory paragraph provides a clear 
standard that vessel owners can follow.
    All of these recommendations provide greater regulatory flexibility 
as a means of reducing risk of collision.

[[Page 37911]]

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule is to align existing domestic law with 
international law, but there are also discretionary proposals included 
in this final rule. Compliance with both harmonizing and discretionary 
provisions will not require any additional burden to vessel owners, 
including small entities. Most harmonizing changes are made to use 
consistent formatting between the CFR and COLREGS, which in turn 
provides ease of use for owners. New vessels will have greater options 
in terms of lighting modifications, navigation equipment, and sound 
equipment.
    Discretionary changes will 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 
final rule. There would be a cost savings for vessel manufacturers who 
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 
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 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 the regulations. 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-Furure-is-Here-Say-Korean-Shipbuilders41727.aspx.
---------------------------------------------------------------------------

    The Coast Guard certifies under 5 U.S.C. 605(b) that this final 
rule will not have a significant economic impact on a substantial 
number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking. If the rule 
affects 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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    Executive Order 13132 requires that in implementing policies that 
have federalism implications, agencies be guided by fundamental 
federalism principles. 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, or on the distribution of power and responsibilities among 
the various levels of government. For actions that preempt state law, 
Executive Order 13121 requires that an agency construe a Federal 
Statute to preempt state law only where the statute contains an express 
preemption provision or there is some other clear evidence that 
Congress intended the preemption of State Law, or where the exercise of 
State authority conflicts with the exercise of Federal authority under 
the Federal statute. We have analyzed this rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132. Our analysis is explained below.
    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 rulemaking updates existing inland navigation 
regulations, it falls within the scope of authority Congress granted 
exclusively to the Secretary. Therefore, states and local governments 
may not regulate within the field of inland navigation. Accordingly, 
this rule is consistent with the principles of federalism and 
preemption requirements in Executive Order 13132.

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, that 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045 
(``Protection of Children from Environmental Health Risks and Safety 
Risks''). This rule is not an economically significant rule and does 
not create an environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175 (``Consultation and Coordination with Indian Tribal 
Governments''), because it does 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

[[Page 37912]]

responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211 (``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use''). We have 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, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through the OMB, 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 rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

M. Environment

    We have analyzed this 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 concluded 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 
final environmental analysis checklist supporting this determination is 
available in the docket where indicated under the ADDRESSES section of 
this preamble. This rule is 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.

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, under the authority of 
33 CFR 1.05-1, the Coast Guard amends 33 CFR Parts 83 through 88 as 
follows:

Title 33--Navigation and Navigable Waters

0
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, vessels aground and moored barges (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).

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); 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 (subchapter E, 33 CFR 
parts 83 through 90) 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

[[Page 37913]]

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 Subchapter E, except where the 
context otherwise requires:
    (a) The word vessel includes every description of water craft, 
including non-displacement 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. The term 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;
    (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 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 means these 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.
    (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 4 through 10 (Sec. Sec.  83.04 through 83.10) 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

[[Page 37914]]

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;
    (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;
    (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 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.
    (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 subpart (Rules 4-19) (Sec. Sec.  
83.04 through 83.19) 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 Subpart B (Rules 4-19).
    (iii) A vessel the passage of which is not to be impeded remains 
fully obliged to comply with the Rules of Subpart B (Rules 4-19) 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 and Rule 14(a) 
(Sec.  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) (Sec.  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.
    (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) (Sec.  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) (Sec.  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) (Sec.  83.34(d)).
    (ii) This Rule does not relieve the overtaking vessel of her 
obligation under Rule 13 (Sec.  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) (Sec.  
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 applies to traffic separation schemes and does not 
relieve any vessel of her obligation under any other Rule in subchapter 
E.
    (b) A vessel using a traffic separation scheme shall:

[[Page 37915]]

    (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 20 meters in length, 
sailing vessels, and vessels engaged in fishing may use the inshore 
traffic zone.
    (ii) Notwithstanding paragraph (d)(i) of this Rule, 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;
    (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 11 through 18 (Sec. Sec.  83.11 through 83.18) 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.
    (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 
(Sec. Sec.  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 and/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, 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, shall 
propose the manner of passage, and shall initiate the maneuvering 
signals prescribed by Rule 34(a)(i) (Sec.  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, 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

[[Page 37916]]

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 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 (Sec. Sec.  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;
    (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 Subpart (Rules 4-19) (Sec. Sec.  83.4 through 83.19); and
    (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; and
    (ii) a WIG craft operating on the water surface shall comply with 
the Rules of this Subpart (Rules 4-19) (Sec. Sec.  83.4 through 83.19) 
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 (Sec. Sec.  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;
    (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 subpart (Rules 20-31) (Sec. Sec.  83.20 through 
83.31) shall be complied with in all weathers.
    (b) The Rules concerning lights (Sec. Sec.  83.20 through 83.31) 
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 lookout.
    (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 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 (Subpart C) 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:
    (i) A masthead light, 6 miles;
    (ii) A sidelight, 3 miles;
    (iii) A sternlight, 3 miles;
    (iv) A towing light, 3 miles;
    (v) A white, red, green or yellow all-round light, 3 miles; and

[[Page 37917]]

    (vi) A special flashing light, 2 miles.
    (b) In a vessel of 12 meters or more in length but less than 50 
meters in length:
    (i) A masthead light, 5 miles; except that where the length of the 
vessel is less than 20 meters, 3 miles;
    (ii) A sidelight, 2 miles;
    (iii) A sternlight, 2 miles;
    (iv) A towing light, 2 miles;
    (v) A white, red, green or yellow all-round light, 2 miles; and
    (vi) A special flashing light, 2 miles.
    (c) In a vessel of less than 12 meters in length--
    (i) A masthead light, 2 miles;
    (ii) A sidelight, 1 mile;
    (iii) A sternlight, 2 miles;
    (iv) A towing light, 2 miles;
    (iv) A white, red, green or yellow all-round light, 2 miles; and
    (v) A special flashing light, 2 miles.
    (d) In an inconspicuous, partly submerged vessel or objects being 
towed:
    (i) A white all-round light, 3 miles.
    (ii) [Reserved]


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, 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, 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, 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. 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) (Sec. Sec.  83.23(a)(i) and (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 (Sec.  
83.23).
    (c) A power-driven vessel when pushing ahead or towing alongside, 
except as required by paragraphs (b) and (i) of this Rule, shall 
exhibit:
    (i) Instead of the light prescribed either in Rule 23(a)(i) or 
23(a)(ii) (Sec.  83.23(a)(i) or (ii)), two masthead lights in a 
vertical line;
    (ii) Sidelights; and
    (iii) Two towing lights in a vertical line.
    (d) A power-driven vessel to which paragraphs (a) or (c) of this 
Rule apply shall also comply with Rule 23(a) (i) and 23(a)(ii)(Sec.  
83.23(a)(i) or (ii)).
    (e) A vessel or object other than those referred to in paragraph 
(g) of this Rule 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.
    (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.
    (iii) When vessels are towed alongside on both sides of the towing 
vessel, 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 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; and
    (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, 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.
    (i) Notwithstanding paragraph (c) of this Rule, on the Western 
Rivers (except below the Huey P. Long Bridge at mile 106.1 Above Head 
of Passes 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 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, 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 (Sec.  83.36) may be used to 
illuminate the tow.


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 may be combined in one lantern 
carried at or near the top of the mast where it can best be seen.

[[Page 37918]]

    (c) A sailing vessel underway may, in addition to the lights 
prescribed in paragraph (a) of this Rule, 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.
    (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, 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 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.
    (e) A vessel proceeding under sail when also being propelled by 
machinery shall exhibit forward, where 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;
    (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;
    (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, 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 meters 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 paragraphs (a) through (c) of 
this Rule 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.
    (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, a masthead light or 
lights, sidelights and a sternlight, in addition to the lights 
prescribed in paragraph (b)(i) of this Rule; and
    (iv) When at anchor, in addition to the lights or shapes prescribed 
in paragraphs (b)(i) and (ii) of this Rule, the light, lights or shapes 
prescribed in Rule 30 (Sec.  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, exhibit the lights or shapes 
prescribed in Rule 24 (Sec.  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 
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 (Sec.  
83.30).
    (iv) Dredge pipelines that are floating or supported on trestles 
shall display the following lights at night and in periods of 
restricted visibility.
    (1) One row of yellow lights. The lights must be:
    (A) Flashing 50 to 70 times per minute,
    (B) Visible all around the horizon,
    (C) Visible for at least 2 miles,
    (D) Not less than 1 and not more than 3.5 meters above the water,
    (E) Approximately equally spaced, and
    (F) 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.

[[Page 37919]]

    (2) 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:
    (A) Visible all around the horizon, and
    (B) Visible for at least 2 miles, and
    (C) One meter apart in a vertical line with the lower light at the 
same height above the water as the flashing yellow light.
    (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, as appropriate, 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 
(Sec.  83.23) or to the lights or shape prescribed for a vessel at 
anchor in Rule 30 (Sec.  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 87).


Sec.  83.28  [Reserved] (Rule 28).


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 (i) of this Rule, the anchor light, lights, or shape 
prescribed in Rule 30 (Sec.  83.30) 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  Vessels anchored, aground, and moored barges (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;
    (ii) At or near the stern and at a lower level than the light 
prescribed in paragraph (i) of this Rule, 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.
    (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 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.
    (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.
    (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.
    (h) The following barges shall display at night and if practicable 
in periods of restricted visibility the lights described in paragraph 
(i) of this Rule:
    (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.
    (i) Barges described in paragraph (h) of this Rule 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 Annex I (33 CFR part 84).
    (j) 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 this Rule, may carry unobstructed all-round white lights of an 
intensity to be visible for at least 1 nautical mile that meet the 
requirements of Annex I (33 CFR part 84) 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.
    (k) The following are exempt from the requirements of this Rule:
    (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.
    (l) Barges moored in well-illuminated areas are exempt from the 
lighting requirements of this Rule. These areas are as follows:
Chicago Sanitary Ship Canal
(1) Mile 293.2 to 293.9
(2) Mile 295.2 to 296.1
(3) Mile 297.5 to 297.8
(4) Mile 298 to 298.2
(5) Mile 298.6 to 298.8
(6) Mile 299.3 to 299.4
(7) Mile 299.8 to 300.5
(8) Mile 303 to 303.2
(9) Mile 303.7 to 303.9
(10) Mile 305.7 to 305.8
(11) Mile 310.7 to 310.9
(12) Mile 311 to 311.2
(13) Mile 312.5 to 312.6
(14) Mile 313.8 to 314.2
(15) Mile 314.6
(16) Mile 314.8 to 315.3
(17) Mile 315.7 to 316
(18) Mile 316.8
(19) Mile 316.85 to 317.05
(20) Mile 317.5
(21) Mile 318.4 to 318.9
(22) Mile 318.7 to 318.8
(23) Mile 320 to 320.3
(24) Mile 320.6
(25) Mile 322.3 to 322.4
(26) Mile 322.8
(27) Mile 322.9 to 327.2
Calumet Sag Channel
(28) Mile 316.5
Little Calumet River
(29) Mile 321.2

[[Page 37920]]

(30) Mile 322.3
Calumet River
(31) Mile 328.5 to 328.7
(32) Mile 329.2 to 329.4
(33) Mile 330 west bank to 330.2
(34) Mile 331.4 to 331.6
(35) Mile 332.2 to 332.4
(36) Mile 332.6 to 332.8
Cumberland River
(37) Mile 126.8
(38) Mile 191


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 subpart, 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 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:
    (1) One short blast to mean ``I intend to leave you on my port 
side'';
    (2) Two short blasts to mean ``I intend to leave you on my 
starboard side''; and
    (3) 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 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 by light signals:
    (i) These signals shall have the following significance:
    (1) One flash to mean ``I intend to leave you on my port side'';
    (2) Two flashes to mean ``I intend to leave you on my starboard 
side'';
    (3) 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:
    (1) One short blast to mean ``I intend to overtake you on your 
starboard side'';
    (2) 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.
    (d) When vessels in sight of one another are approaching each other 
and, 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 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, 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

[[Page 37921]]

be regarded as a power-driven vessel and shall give the signals 
prescribed in paragraphs (a) or (b) of this Rule.
    (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 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. 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, 
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 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 87).

Subpart E--Exemptions


Sec.  83.38  Exemptions (Rule 38).

    Any vessel or class of vessels, the keel of which was laid or which 
was 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 (33 CFR parts 84 through 88) 
as follows:
    (i) The installation of lights with ranges prescribed in Rule 22 
(Sec.  83.22), 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), 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.
    (iv) The horizontal repositioning of masthead lights prescribed by 
Annex I to these Rules (33 CFR part 84), vessels of less than 150 
meters in length are permanently exempt; and
    (v) 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) (Sec.  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.

0
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.
84.13 Color specification of lights.
84.14 Intensity of lights.
84.15 Horizontal sectors.
84.16 Vertical sectors.
84.17 Intensity of non-electric lights.
84.18 Maneuvering light.
84.19 High-speed craft.
84.20 Approval.

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (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 (cubic 
meters).

    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 
84.14(b)) corresponding to the greatest range of visibility for which 
the requirements of Annex I (33 CFR part 84) are met.
    (d) The term Rule or Rules has the same meaning as in 33 CFR 
83.03(r).


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

[[Page 37922]]

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)(Sec.  83.23(d) of this chapter), 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) (Sec.  
83.23(a) of this chapter) 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)(Sec.  83.27(b)(i) of this chapter) 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 in this subchapter E 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) (Sec.  
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) (Sec.  83.27(b)(i) 
of this chapter) 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 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) (Sec.  
83.26(c)(ii) of this chapter) 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)(Sec.  
83.26(c)(i) of this chapter) 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)(Sec.  83.27(d)(i) and (ii) of this chapter), 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)(Sec.  83.27(b)(i)and (ii) of this chapter). 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.  83.27(b)(i) and (ii) of this chapter).


Sec.  84.05  Screens.

    (a) The sidelights of vessels of 20 meters or more in length shall 
be fitted with matt black inboard screens and meet the requirements of 
Sec.  84.15. On vessels of less than 20 meters in length, the 
sidelights, if necessary to meet the requirements of Sec.  84.15, shall 
be fitted with matt 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)(Sec.  83.23(d) of this chapter) 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 meters 
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 
meters.
    (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.  84.13  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, Shore Infrastructure

[[Page 37923]]

Logistics Center, Aids to Navigation and Marine Environmental Response 
Product Line (CG-SILC-ATON/MER), 2703 Martin Luther King, Jr. Ave, 
Mailstop 7714, Washington, DC 20593-7714. 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.  84.14  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 10-7lux,
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 (Table 84.14(b)):

                             Table 84.14(b)
------------------------------------------------------------------------
                                                        Minimum luminous
  Range of visibility  (luminous range) of light  in      intensity of
                   nautical miles D                    light in candelas
                                                         for K = 0.8 I
------------------------------------------------------------------------
1....................................................                0.9
2....................................................                4.3
3....................................................                 12
4....................................................                 27
5....................................................                 52
6....................................................                 94
------------------------------------------------------------------------

Sec.  84.15  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 (Sec.  83.21 of this 
chapter). 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 (Sec.  83.30 of 
this chapter), which need not be placed at an impracticable height 
above the hull, and the all-round white light described in Rule 23(e) 
(Sec.  83.23(e) of this chapter), 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): Two 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.


Sec.  84.16  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.  84.17  Intensity of non-electric lights.

    Non-electric lights shall so far as practicable comply with the 
minimum intensities, as specified in the Table 84.14(b).


Sec.  84.18  Maneuvering light.

    Notwithstanding the provisions of Sec.  84.02(f), the maneuvering 
light described in Rule 34(b)(Sec.  83.34(b) of this chapter) 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.  84.19  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] TR02JY14.001

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.

    Note to Sec.  84.19: Refer to the International Code of Safety 
for High-Speed Craft, 1994 and the International Code of Safety for 
High-Speed Craft, 2000.


Sec.  84.20  Approval.

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

[[Page 37924]]

PART 85--[REMOVED AND RESERVED]

0
3. Part 85 is removed and reserved.

0
4. 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: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.


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 \1/3\rd-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 86.01(c) of this section. The range of audibility in Table 
86.01(c) is the approximate range at which a whistle may be heard on 
its forward axis with 90% probability in conditions of still air on 
board a vessel having average background noise level at the listening 
posts (taken to be 68 dB in the octave band centered on 250 Hz and 63 
dB in the octave band centered on 500 Hz). It is shown for information 
purposes only. In practice, the range at which a whistle may be heard 
is extremely variable and depends critically on weather conditions; the 
values given can be regarded as typical but under conditions of strong 
wind or high ambient noise level at the listening post the range may be 
reduced.

                                                 Table 86.01(c)
----------------------------------------------------------------------------------------------------------------
                                                                 \1/3\rd-octave band
                                                                level at 1 meter in dB     Audibility range in
                  Length of vessel in meters                    referred to 2 x 10-5N/       nautical miles
                                                                         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 one \1/3\\rd\-octave band which determines the 
audibility range.
    (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 of Subchapter E 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 to paragraph (g): 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

[[Page 37925]]

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]

0
5. Revise part 87 to read as follows

PART 87--ANNEX IV: DISTRESS SIGNALS

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

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.


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; and
    (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.

0
6. Revise Part 88 to read as follows:

PART 88--ANNEX V: PILOT RULES

Sec.
88.01 Purpose and applicability.
88.03 Definitions.
88.05 Law enforcement vessels.
88.07 Public safety activities.

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.


Sec.  88.01  Purpose and applicability.

    This part applies to all vessels operating on United States inland 
waters and to United States vessels operating on the Canadian waters of 
the Great Lakes to the extent there is no conflict with Canadian law.


Sec.  88.03  Definitions.

    The terms used in this part have the same meaning as the terms 
defined in part 83 of this subchapter.


Sec.  88.05  Law enforcement vessels.

    (a) 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.
    (b) The blue light described in this section may be displayed by 
law enforcement vessels of the United States and the States and their 
political subdivisions.


Sec.  88.07  Public safety activities.

    (a) 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.
    (b) 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.

    Dated: June 12, 2014.
Gary C. Rasicot,
Director of Marine Transportation Systems Management, U.S. Coast Guard.
[FR Doc. 2014-14413 Filed 7-1-14; 8:45 am]
BILLING CODE 9110-04-P