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588 33 CFR Ch. I (7–1–01 Edition) § 163.20 § 163.20 Bunching of tows. (a) In all cases where tows can be bunched, it should be done. (b) Tows navigating in the North and East Rivers of New York must be bunched above a line drawn between Robbins Reef Light and Owls Head, Brooklyn, but the quarantine anchor- age and the north entrance to Ambrose Channel shall be avoided in the process of bunching tows. (c) Tows must be bunched above the mouth of the Schuylkill River, Pa. [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 64–21, 29 FR 5733, Apr. 30, 1964. Redesignated by CGD 81–017, 46 FR 28154, May 26, 1981] PART 164—NAVIGATION SAFETY REGULATIONS Sec. 164.01 Applicability. 164.02 Applicability exception for foreign vessels. 164.03 Incorporation by reference. 164.11 Navigation under way: General. 164.13 Navigation underway: tankers. 164.15 Navigation bridge visibility. 164.19 Requirements for vessels at anchor. 164.25 Tests before entering or getting un- derway. 164.30 Charts, publications, and equipment: General. 164.33 Charts and publications. 164.35 Equipment: All vessels. 164.37 Equipment: Vessels of 10,000 gross tons or more. 164.38 Automatic radar plotting aids (ARPA). 164.39 Steering gear: Foreign tankers. 164.40 Devices to indicate speed and dis- tance. 164.41 Electronic position fixing devices. 164.42 Rate of turn indicator. 164.43 Automatic Identification System Shipborne Equipment. 164.51 Deviations from rules: Emergency. 164.53 Deviations from rules and reporting: Non-operating equipment. 164.55 Deviations from rules: Continuing op- eration or period of time. 164.61 Marine casualty reporting and record retention. 164.70 Definitions. 164.72 Navigational–safety equipment, charts or maps, and publications re- quired on towing vessels. 164.74 Towline and terminal gear for towing astern. 164.76 Towline and terminal gear for towing alongside and pushing ahead. 164.78 Navigation under way: Towing ves- sels. 164.80 Tests and inspections. 164.82 Maintenance, failure, and reporting. AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR 1.46. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 U.S.C. 6101. § 164.01 Applicability. (a) This part (except as specifically limited herein) applies to each self-pro- pelled vessel of 1600 or more gross tons (except foreign vessels described in § 164.02) when it is operating in the nav- igable waters of the United States ex- cept the St. Lawrence Seaway. (b) Sections 164.70 through 164.82 of this part apply to each towing vessel of 12 meters (39.4 feet) or more in length operating in the navigable waters of the United States other than the St. Lawrence Seaway; except that a tow- ing vessel is exempt from the require- ments of § 164.72 if it is— (1) Used solely within a limited geo- graphic area, such as a fleeting-area for barges or a commercial facility, and used solely for restricted service, such as making up or breaking up larger tows; (2) Used solely for assistance towing as defined by 46 CFR 10.103; (3) Used solely for pollution response; or (4) Any other vessel exempted by the Captain of the Port (COTP). The COTP, upon written request, may, in writing, exempt a vessel from § 164.72 for a spec- ified route if he or she decides that ex- empting it would not allow its unsafe navigation under anticipated condi- tions. [CGD 83–004, 49 FR 43466, Oct. 29, 1984, as amended by CGD 94–020, 61 FR 35072, July 3, 1996] EFFECTIVE DATE NOTE: By USCG 2000–8300, 66 FR 21864, May 2, 2001, § 164.01 was amended by revising paragraph (a) and adding para- graph (c), effective July 31, 2001. For the con- venience of the user, the revised and added text is set forth as follows: § 164.01 Applicability. (a) This part (except as specifically limited by this section) applies to each self-propelled vessel of 1600 or more gross tons (except as provided in paragraph (c) of this section, or for foreign vessels described in § 164.02) when it is operating in the navigable waters of the VerDate 11<MAY>2000 02:04 Jul 14, 2001 Jkt 194124 PO 00000 Frm 00588 Fmt 8010 Sfmt 8003 Y:\SGML\194124T.XXX pfrm06 PsN: 194124T

163.20 33 CFR Ch. I (71 01 Edition) · Robbins Reef Light and Owls Head, ... 164.19 Requirements for vessels at anchor. ... 800 North Cap-itol Street, NW., suite 700,

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588

33 CFR Ch. I (7–1–01 Edition)§ 163.20

§ 163.20 Bunching of tows.(a) In all cases where tows can be

bunched, it should be done.(b) Tows navigating in the North and

East Rivers of New York must bebunched above a line drawn betweenRobbins Reef Light and Owls Head,Brooklyn, but the quarantine anchor-age and the north entrance to AmbroseChannel shall be avoided in the processof bunching tows.

(c) Tows must be bunched above themouth of the Schuylkill River, Pa.

[CGFR 60–61, 25 FR 9045, Sept. 21, 1960, asamended by CGFR 64–21, 29 FR 5733, Apr. 30,1964. Redesignated by CGD 81–017, 46 FR28154, May 26, 1981]

PART 164—NAVIGATION SAFETYREGULATIONS

Sec.164.01 Applicability.164.02 Applicability exception for foreign

vessels.164.03 Incorporation by reference.164.11 Navigation under way: General.164.13 Navigation underway: tankers.164.15 Navigation bridge visibility.164.19 Requirements for vessels at anchor.164.25 Tests before entering or getting un-

derway.164.30 Charts, publications, and equipment:

General.164.33 Charts and publications.164.35 Equipment: All vessels.164.37 Equipment: Vessels of 10,000 gross

tons or more.164.38 Automatic radar plotting aids

(ARPA).164.39 Steering gear: Foreign tankers.164.40 Devices to indicate speed and dis-

tance.164.41 Electronic position fixing devices.164.42 Rate of turn indicator.164.43 Automatic Identification System

Shipborne Equipment.164.51 Deviations from rules: Emergency.164.53 Deviations from rules and reporting:

Non-operating equipment.164.55 Deviations from rules: Continuing op-

eration or period of time.164.61 Marine casualty reporting and record

retention.164.70 Definitions.164.72 Navigational–safety equipment,

charts or maps, and publications re-quired on towing vessels.

164.74 Towline and terminal gear for towingastern.

164.76 Towline and terminal gear for towingalongside and pushing ahead.

164.78 Navigation under way: Towing ves-sels.

164.80 Tests and inspections.164.82 Maintenance, failure, and reporting.

AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C.2103, 3703; 49 CFR 1.46. Sec. 164.13 also issuedunder 46 U.S.C. 8502. Sec. 164.61 also issuedunder 46 U.S.C. 6101.

§ 164.01 Applicability.(a) This part (except as specifically

limited herein) applies to each self-pro-pelled vessel of 1600 or more gross tons(except foreign vessels described in§ 164.02) when it is operating in the nav-igable waters of the United States ex-cept the St. Lawrence Seaway.

(b) Sections 164.70 through 164.82 ofthis part apply to each towing vessel of12 meters (39.4 feet) or more in lengthoperating in the navigable waters ofthe United States other than the St.Lawrence Seaway; except that a tow-ing vessel is exempt from the require-ments of § 164.72 if it is—

(1) Used solely within a limited geo-graphic area, such as a fleeting-area forbarges or a commercial facility, andused solely for restricted service, suchas making up or breaking up largertows;

(2) Used solely for assistance towingas defined by 46 CFR 10.103;

(3) Used solely for pollution response;or

(4) Any other vessel exempted by theCaptain of the Port (COTP). The COTP,upon written request, may, in writing,exempt a vessel from § 164.72 for a spec-ified route if he or she decides that ex-empting it would not allow its unsafenavigation under anticipated condi-tions.

[CGD 83–004, 49 FR 43466, Oct. 29, 1984, asamended by CGD 94–020, 61 FR 35072, July 3,1996]

EFFECTIVE DATE NOTE: By USCG 2000–8300,66 FR 21864, May 2, 2001, § 164.01 was amendedby revising paragraph (a) and adding para-graph (c), effective July 31, 2001. For the con-venience of the user, the revised and addedtext is set forth as follows:

§ 164.01 Applicability.(a) This part (except as specifically limited

by this section) applies to each self-propelledvessel of 1600 or more gross tons (except asprovided in paragraph (c) of this section, orfor foreign vessels described in § 164.02) whenit is operating in the navigable waters of the

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Coast Guard, DOT § 164.03

United States except the St. Lawrence Sea-way.

(b) * * *(c) Provisions of §§ 164.11(a)(2) and (c),

164.30, and 164.33 do not apply to warships orother vessels owned, leased, or operated bythe United States Government and used onlyin government noncommercial service whenthese vessels are equipped with electronicnavigation systems that have met the appli-cable agency regulations regarding naviga-tion safety.

§ 164.02 Applicability exception forforeign vessels.

(a) This part (including §§ 164.38 and164.39) does not apply to vessels that:

(1) Are not destined for, or departingfrom, a port or place subject to the ju-risdiction of the United States; and

(2) Are in:(i) Innocent passage through the ter-

ritorial sea of the United States; or(ii) Transit through navigable waters

of the United States which form a partof an international strait.

[CGD 77–063, 44 FR 66530, Nov. 19, 1979, asamended by CGD 79–148, 45 FR 54039, Aug. 14,1980]

§ 164.03 Incorporation by reference.(a) Certain material is incorporated

by reference into this part with the ap-proval of the Director of the FederalRegister under 5 U.S.C. 552(a) and 1CFR part 51. To enforce any editionother than that specified in paragraph(b) of this section, the Coast Guardmust publish notice of change in theFEDERAL REGISTER and the materialmust be available to the public. All ap-proved material is on file at the Officeof the Federal Register, 800 North Cap-itol Street, NW., suite 700, Washington,DC, and at the Office of Vessel TrafficManagement (G–MOV), Coast GuardHeadquarters, 2100 Second Street, SW.,Washington, DC 20593–0001 and is avail-able from the sources indicated inparagraph (b) of this section.

(b) The materials approved for incor-poration by reference in this part andthe sections affected are as follows:American Petroleum Institute (API),

1220 L Street NW., Washington,DC 20005API Specification 9A, Specifica-

tion for Wire Rope, Section 3,Properties and Tests for Wireand Wire Rope, May 28, 1984 ..... 164.74

American Society for Testing and Ma-terials (ASTM), 100 Barr HarborDrive, West Conshohocken, PA19428-2959ASTM D4268–93, Standard Test

Method for Testing Fiber Ropes 164.74Cordage Institute, 350 Lincoln

Street, Hingham, MA 02043CIA–3, Standard Test Methods for

Fiber Rope Including StandardTerminations, Revised, June1980 ........................................... 164.74

International Maritime Organization(IMO), 4 Albert Embankment,London SE1 7SR, U.K.IMO Resolution A342(IX), Rec-

ommendation on PerformanceStandards for Automatic Pi-lots, adopted November 12, 1975 164.13

International TelecommunicationUnion Radiocommuni- cation Bu-reau (ITU–R), Place de NationsCH–1211 Geneva 20 Switzerland(1) ITU–R Recommendation

M.821, Optional Expansion ofthe Digital Selective-CallingSystem for Use in the MaritimeMobile Service, 1992 .................. 164.43

(2) ITU–R RecommendationM.825, Characteristics of aTransponder System Using Dig-ital Selective-Calling Tech-niques for Use with VesselTraffic Services and Ship-to-Ship Identification, 1992 ........... 164.43

Radio Technical Commission for Mar-itime Services, 655 FifteenthStreet, NW., Suite 300, Wash-ington, DC 20005(1) RTCM Paper 12–78/DO–100,

Minimum Performance Stand-ards, Loran C Receiving Equip-ment, 1977 ................................. 164.41

(2) RTCM Paper 194–93/SC104–STD, RTCM RecommendedStandards for DifferentialNAVSTAR GPS Service,Version 2.1, 1994 ........................ 164.43

(3) RTCM Paper 71–95/SC112–STD,RTCM Recommended Stand-ards for Marine Radar Equip-ment Installed on Ships of LessThan 300 Tons Gross Tonnage,Version 1.1, October 10, 1995 ...... 164.72

(4) RTCM Paper 191–93/SC112–X,RTCM Recommended Stand-ards for Maritime Radar Equip-ment Installed on Ships of 300Tons Gross Tonnage and Up-wards, Version 1.2, December20, 1993 ...................................... 164.72

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33 CFR Ch. I (7–1–01 Edition)§ 164.11

1 See also 46 U.S.C. 8702(d), which requiresan able seaman at the wheel on U.S. vesselsof 100 gross tons or more in narrow or crowd-ed waters during low visibility.

[CGD 91–203, 58 FR 27632, May 10, 1993, asamended by CGD 83–043, 60 FR 24771, May 10,1995; CGD 93–022, 60 FR 51734, Oct. 3, 1995;CGD 96–026, 61 FR 33669, June 28, 1996; CGD94–020, 61 FR 35072, July 3, 1996; USCG–1999–5151, 64 FR 67176, Dec. 1, 1999]

§ 164.11 Navigation under way: Gen-eral.

The owner, master, or person incharge of each vessel underway shallensure that:

(a) The wheelhouse is constantlymanned by persons who:

(1) Direct and control the movementof the vessel; and

(2) Fix the vessel’s position;(b) Each person performing a duty de-

scribed in paragraph (a) of this sectionis competent to perform that duty;

(c) The position of the vessel at eachfix is plotted on a chart of the area andthe person directing the movement ofthe vessel is informed of the vessel’sposition;

(d) Electronic and other navigationalequipment, external fixed aids to navi-gation, geographic reference points,and hydrographic contours are usedwhen fixing the vessel’s position;

(e) Buoys alone are not used to fixthe vessel’s position;

NOTE: Buoys are aids to navigation placedin approximate positions to alert the mar-iner to hazards to navigation or to indicatethe orientation of a channel. Buoys may notmaintain an exact position because strong orvarying currents, heavy seas, ice, and colli-sions with vessels can move or sink them orset them adrift. Although buoys may cor-roborate a position fixed by other means,buoys cannot be used to fix a position: how-ever, if no other aids are available, buoysalone may be used to establish an estimatedposition.

(f) The danger of each closing visualor each closing radar contact is evalu-ated and the person directing themovement of the vessel knows theevaluation;

(g) Rudder orders are executed asgiven;

(h) Engine speed and direction ordersare executed as given;

(i) Magnetic variation and deviationand gyrocompass errors are known andcorrectly applied by the person direct-ing the movement of the vessel;

(j) A person whom he has determinedis competent to steer the vessel is inthe wheelhouse at all times;1

(k) If a pilot other than a member ofthe vessel’s crew is employed, the pilotis informed of the draft, maneuveringcharacteristics, and peculiarities of thevessel and of any abnormal cir-cumstances on the vessel that may af-fect its safe navigation.

(l) Current velocity and direction forthe area to be transited are known bythe person directing the movement ofthe vessel;

(m) Predicted set and drift are knownby the person directing movement ofthe vessel;

(n) Tidal state for the area to betransited is known by the person di-recting movement of the vessel;

(o) The vessel’s anchors are ready forletting go;

(p) The person directing the move-ment of the vessel sets the vessel’sspeed with consideration for:

(1) The prevailing visibility andweather conditions;

(2) The proximity of the vessel tofixed shore and marine structures;

(3) The tendency of the vessel under-way to squat and suffer impairment ofmaneuverability when there is smallunderkeel clearance;

(4) The comparative proportions ofthe vessel and the channel;

(5) The density of marine traffic;(6) The damage that might be caused

by the vessel’s wake;(7) The strength and direction of the

current; and(8) Any local vessel speed limit;(q) The tests required by § 164.25 are

made and recorded in the vessel’s log;and

(r) The equipment required by thispart is maintained in operable condi-tion.

(s) Upon entering U.S. waters, thesteering wheel or lever on the navi-gating bridge is operated to determineif the steering equipment is operatingproperly under manual control, unlessthe vessel has been steered under man-ual control from the navigating bridgewithin the preceding 2 hours, except

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Coast Guard, DOT § 164.15

when operating on the Great Lakes andtheir connecting and tributary waters.

(t) At least two of the steering-gearpower units on the vessel are in oper-ation when such units are capable of si-multaneous operation, except when thevessel is sailing on the Great Lakesand their connecting and tributary wa-ters, and except as required by para-graph (u) of this section.

(u) On each passenger vessel meetingthe requirements of the InternationalConvention for the Safety of Life atSea, 1960 (SOLAS 60) and on each cargovessel meeting the requirements ofSOLAS 74 as amended in 1981, the num-ber of steering-gear power units nec-essary to move the rudder from 35° oneither side to 30° on the other in notmore than 28 seconds must be in simul-taneous operation.

[CGD 74–77, 42 FR 5956, Jan. 31, 1977, asamended by CGD 83–004, 49 FR 43466, Oct. 29,1984; CGD 91–203, 58 FR 27633, May 10, 1993;CGD 83–043, 60 FR 24771, May 10, 1995]

§ 164.13 Navigation underway: tankers.(a) As used in this section, ‘‘tanker’’

means a self-propelled tank vessel, in-cluding integrated tug barge combina-tions, constructed or adapted primarilyto carry oil or hazardous material inbulk in the cargo spaces and inspectedand certificated as a tanker.

(b) Each tanker must have an engi-neering watch capable of monitoringthe propulsion system, communicatingwith the bridge, and implementingmanual control measures immediatelywhen necessary. The watch must bephysically present in the machineryspaces or in the main control space andmust consist of at least a licensed engi-neer.

(c) Each tanker must navigate withat least two licensed deck officers onwatch on the bridge, one of whom maybe a pilot. In waters where a pilot is re-quired, the second officer, must be anindividual licensed and assigned to thevessel as master, mate, or officer incharge of a navigational watch, who isseparate and distinct from the pilot.

(d) Except as specified in paragraph(e) of this section, a tanker may oper-ate with an auto pilot engaged only ifall of the following conditions exist:

(1) The operation and performance ofthe automatic pilot conforms with the

standards recommended by the Inter-national Maritime Organization in IMOResolution A.342(IX).

(2) A qualified helmsman is presentat the helm and prepared at all timesto assume manual control.

(3) The tanker is not operating in anyof the following areas:

(i) The areas of the traffic separationschemes specified in subchapter P ofthis chapter.

(ii) The portions of a shipping safetyfairway specified in part 166 of thischapter.

(iii) An anchorage ground specified inpart 110 of this chapter.

(iv) An area within one-half nauticalmile of any U.S. shore.

(e) A tanker equipped with an inte-grated navigation system, and com-plying with paragraph (d)(2) of this sec-tion, may use the system with the autopilot engaged while in the areas de-scribed in paragraphs (d)(3) (i) and (ii)of this section. The master shall pro-vide, upon request, documentationshowing that the integrated navigationsystem—

(1) Can maintain a predeterminedtrackline with a cross track error ofless than 10 meters 95 percent of thetime;

(2) Provides continuous position dataaccurate to within 20 meters 95 percentof the time; and

(3) Has an immediate override con-trol.

[CGD 91–203, 58 FR 27633, May 10, 1993, asamended by CGD 91–203, 58 FR 36141, July 6,1993]

§ 164.15 Navigation bridge visibility.(a) The arrangement of cargo, cargo

gear, and trim of all vessels entering ordeparting from U.S. ports must be suchthat the field of vision from the navi-gation bridge conforms as closely aspossible to the following requirements:

(1) From the conning position, theview of the sea surface must not be ob-scured by more than the lesser of twohip lengths or 500 meters (1640 feet)from dead ahead to 10 degrees on eitherside of the vessel. Within this arc ofvisibility any blind sector caused bycargo, cargo gear, or other permanentobstruction must not exceed 5 degrees.

(2) From the conning position, thehorizontal field of vision must extend

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592

33 CFR Ch. I (7–1–01 Edition)§ 164.19

over an arc from at least 22.5 degreesabaft the beam on one side of the ves-sel, through dead ahead, to at least 22.5degrees abaft the beam on the otherside of the vessel. Blind sectors forwardof the beam caused by cargo, cargogear, or other permanent obstructionmust not exceed 10 degrees each, nortotal more than 20 degrees, includingany blind sector within the arc of visi-bility described in paragraph (a)(1) ofthis section.

(3) From each bridge wing, the fieldof vision must extend over an arc fromat least 45 degrees on the opposite bow,through dead ahead, to at least deadastern.

(4) From the main steering position,the field of vision must extend over anarc from dead ahead to at least 60 de-grees on either side of the vessel.

(b) A clear view must be providedthrough at least two front windows atall times regardless of weather condi-tions.

[CGD 85–099, 55 FR 32247, Aug. 8, 1990]

§ 164.19 Requirements for vessels atanchor.

The master or person in charge ofeach vessel that is anchored shall en-sure that:

(a) A proper anchor watch is main-tained;

(b) Procedures are followed to detecta dragging anchor; and

(c) Whenever weather, tide, or cur-rent conditions are likely to cause thevessel’s anchor to drag, action is takento ensure the safety of the vessel,structures, and other vessels, such asbeing ready to veer chain, let go a sec-ond anchor, or get underway using thevessel’s own propulsion or tug assist-ance.

[CGD 74–77, 42 FR 5956, Jan. 31, 1977]

§ 164.25 Tests before entering or get-ting underway.

(a) Except as provided in paragraphs(b) and (c) of this section no personmay cause a vessel to enter into or getunderway on the navigable waters ofthe United States unless no more than12 hours before entering or getting un-derway, the following equipment hasbeen tested:

(1) Primary and secondary steeringgear. The test procedure includes a vis-ual inspection of the steering gear andits connecting linkage, and, where ap-plicable, the operation of the following:

(i) Each remote steering gear controlsystem.

(ii) Each steering position located onthe navigating bridge.

(iii) The main steering gear from thealternative power supply, if installed.

(iv) Each rudder angle indicator inrelation to the actual position of therudder.

(v) Each remote steering gear controlsystem power failure alarm.

(vi) Each remote steering gear powerunit failure alarm.

(vii) The full movement of the rudderto the required capabilities of thesteering gear.

(2) All internal vessel control com-munications and vessel control alarms.

(3) Standby or emergency generator,for as long as necessary to show properfunctioning, including steady statetemperature and pressure readings.

(4) Storage batteries for emergencylighting and power systems in vesselcontrol and propulsion machineryspaces.

(5) Main propulsion machinery, aheadand astern.

(b) Vessels navigating on the GreatLakes and their connecting and tribu-tary waters, having once completed thetest requirements of this subpart, areconsidered to remain in complianceuntil arriving at the next port of callon the Great Lakes.

(c) Vessels entering the Great Lakesfrom the St. Lawrence Seaway are con-sidered to be in compliance with thissub-part if the required tests are con-ducted preparatory to or during thepassage of the St. Lawrence Seaway orwithin one hour of passing Wolfe Is-land.

(d) No vessel may enter, or be oper-ated on the navigable waters of theUnited States unless the emergencysteering drill described below has beenconducted within 48 hours prior toentry and logged in the vessel logbook,unless the drill is conducted and loggedon a regular basis at least once everythree months. This drill must includeat a minimum the following:

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Coast Guard, DOT § 164.35

(1) Operation of the main steeringgear from within the steering gearcompartment.

(2) Operation of the means of commu-nications between the navigatingbridge and the steering compartment.

(3) Operation of the alternative powersupply for the steering gear if the ves-sel is so equipped.

(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR1.46(n)(4))

[CGD 77–183, 45 FR 18925, Mar. 24, 1980, asamended by CGD 83–004, 49 FR 43466, Oct. 29,1984]

§ 164.30 Charts, publications, andequipment: General.

No person may operate or cause theoperation of a vessel unless the vesselhas the marine charts, publications,and equipment as required by §§ 164.33through 164.41 of this part.

[CGD 82–055, 48 FR 44535, Sept. 29, 1983]

§ 164.33 Charts and publications.(a) Each vessel must have the fol-

lowing:(1) Marine charts of the area to be

transited, published by the NationalOcean Service, U.S. Army Corps of En-gineers, or a river authority that—

(i) Are of a large enough scale andhave enough detail to make safe navi-gation of the area possible; and

(ii) Are currently corrected.(2) For the area to be transited, a

currently corrected copy of, or applica-ble currently corrected extract from,each of the following publications:

(i) U.S. Coast Pilot.(ii) Coast Guard Light List.(3) For the area to be transited, the

current edition of, or applicable cur-rent extract from:

(i) Tide tables published by privateentities using data provided by the Na-tional Ocean Service.

(ii) Tidal current tables published byprivate entities using data provided bythe National Ocean Service, or rivercurrent publication issued by the U.S.Army Corps of Engineers, or a river au-thority.

(b) As an alternative to the require-ments for paragraph (a) of this section,a marine chart or publication, or appli-cable extract, published by a foreigngovernment may be substituted for a

U.S. chart and publication required bythis section. The chart must be of largeenough scale and have enough detail tomake safe navigation of the area pos-sible, and must be currently corrected.The publication, or applicable extract,must singly or in combination containsimilar information to the U.S. Gov-ernment publication to make safe navi-gation of the area possible. The publi-cation, or applicable extract must becurrently corrected, with the excep-tions of tide and tidal current tables,which must be the current editions.

(c) As used in this section, ‘‘currentlycorrected’’ means corrected withchanges contained in all Notices toMariners published by the National Im-agery and Mapping Agency, or anequivalent foreign government publica-tion, reasonably available to the ves-sel, and that is applicable to the ves-sel’s transit.

[CGD 82–055, 48 FR 44535, Sept. 29, 1983, asamended by USCG–2001–9286, 66 FR 33641,June 25, 2001]

§ 164.35 Equipment: All vessels.

Each vessel must have the following:(a) A marine radar system for surface

navigation.(b) An illuminated magnetic steering

compass, mounted in a binnacle, thatcan be read at the vessel’s main steer-ing stand.

(c) A current magnetic compass devi-ation table or graph or compass com-parison record for the steering com-pass, in the wheelhouse.

(d) A gyrocompass.(e) An illuminated repeater for the

gyrocompass required by paragraph (d)of this section that is at the mainsteering stand, unless that gyro-compass is illuminated and is at themain steering stand.

(f) An illuminated rudder angle indi-cator in the wheelhouse.

(g) The following maneuvering infor-mation prominently displayed on a factsheet in the wheelhouse:

(1) A turning circle diagram to portand starboard that shows the time anddistance and advance and transfer re-quired to alter course 90 degrees withmaximum rudder angle and constantpower settings, for either full and halfspeeds, or for full and slow speeds. For

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33 CFR Ch. I (7–1–01 Edition)§ 164.37

vessels whose turning circles are essen-tially the same for both directions, adiagram showing a turning circle inone direction, with a note on the dia-gram stating that turns to port andstarboard are essentially the same,may be substituted.

(2) The time and distance to stop thevessel from either full and half speeds,or from full and slow speeds, whilemaintaining approximately the initialheading with minimum application ofthe rudder.

(3) For each vessel with a fixed pro-peller, a table of shaft revolutions perminute for a representative range ofspeeds.

(4) For each vessel with a control-lable pitch propeller, a table of controlsettings for a representative range ofspeeds.

(5) For each vessel that is fitted withan auxiliary device to assist in maneu-vering, such as a bow thruster, a tableof vessel speeds at which the auxiliarydevice is effective in maneuvering thevessel.

(6) The maneuvering information forthe normal load and normal ballastcondition for:

(i) Calm weather—wind 10 knots orless, calm sea;

(ii) No current;(iii) Deep water conditions—water

depth twice the vessel’s draft or great-er; and

(iv) Clean hull.(7) At the bottom of the fact sheet,

the following statement:

WARNING

The response of the (name of the vessel)may be different from that listed above ifany of the following conditions, upon whichthe maneuvering information is based, arevaried:

(1) Calm weather—wind 10 knots or less,calm sea;

(2) No current;(3) Water depth twice the vessel’s draft or

greater;(4) Clean hull; and(5) Intermediate drafts or unusual trim.

(h) An echo depth sounding device.(i) A device that can continuously

record the depth readings of the ves-sel’s echo depth sounding device, ex-cept when operating on the GreatLakes and their connecting and tribu-tary waters.

(j) Equipment on the bridge for plot-ting relative motion.

(k) Simple operating instructionswith a block diagram, showing thechange-over procedures for remotesteering gear control systems andsteering gear power units, permanentlydisplayed on the navigating bridge andin the steering gear compartment.

(l) An indicator readable from thecenterline conning position showingthe rate of revolution of each propeller,except when operating on the GreatLakes and their connecting and tribu-tary waters.

(m) If fitted with controllable pitchpropellers, an indicator readable fromthe centerline conning position show-ing the pitch and operational mode ofsuch propellers, except when operatingon the Great Lakes and their con-necting and tributary waters.

(n) If fitted with lateral thrust pro-pellers, an indicator readable from thecenterline conning position showingthe direction and amount of thrust ofsuch propellers, except when operatingon the Great Lakes and their con-necting and tributary waters.

(o) A telephone or other means ofcommunication for relaying headingsto the emergency steering station.Also, each vessel of 500 gross tons andover and constructed on or after June9, 1995 must be provided with arrange-ments for supplying visual compass-readings to the emergency steering sta-tion.

(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR1.46(n)(4))

[CGD 74–77, 42 FR 5956, Jan. 31, 1977, asamended by CGD 77–183, 45 FR 18925, Mar. 24,1980; CGD 83–004, 49 FR 43466, Oct. 29, 1984;CGD 83–043, 60 FR 24771, May 10, 1995; 60 FR28834, June 2, 1995]

§ 164.37 Equipment: Vessels of 10,000gross tons or more.

(a) Each vessel of 10,000 gross tons ormore must have, in addition to theradar system under § 164.35(a), a secondmarine radar system that operatesindependently of the first.

NOTE: Independent operation means twocompletely separate systems, from separatebranch power supply circuits or distributionpanels to antennas, so that failure of anycomponent of one system will not render theother system inoperative.

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(b) On each tanker of 10,000 gross tonsor more that is subject to 46 U.S.C.3708, the dual radar system required bythis part must have a short range capa-bility and a long range capability; andeach radar must have true north fea-tures consisting of a display that isstabilized in azimuth.

(Titles I and II, 86 Stat. 426, 427 (33 U.S.C.1224; 46 U.S.C. 391(a); 49 CFR 1.46(n)(4))

[CGD 77–016, 43 FR 32112, July 24, 1978, asamended by CGD 79–033, 44 FR 26741, May 7,1979; CGD 79–033, 47 FR 34389, Aug. 9, 1982;USCG–1998–3799, 63 FR 35532, June 30, 1998]

§ 164.38 Automatic radar plotting aids(ARPA).

(a) The following definitions are usedin this section—

Bulk means material in any quantitythat is shipped, stored, or handledwithout benefit of package, label, markor count and carried in integral orfixed independent tanks.

Constructed means a stage of con-struction where—

(1) The keel is laid;(2) Construction identifiable with a

specific ship begins; or(3) Assembly of that ship has com-

menced comprising at least 50 tons or 1percent of the estimated mass of allstructural material, whichever is less.

Hazardous material means—(1) A flammable liquid as defined in

46 CFR 30.10–22 or a combustible liquidas defined in 46 CFR 30.10–15;

(2) A material listed in table 151.05 of46 CFR 151.05, table 1 of 46 CFR 153, ortable 4 of 46 CFR Part 154; or

(3) A liquid, liquefied gas, or com-pressed gas listed in 49 CFR 172.101.

Self-propelled vessel includes thosecombinations of pushing vessel andvessel being pushed ahead which arerigidly connected in a composite unitand are required by Rule 24(b) of theInternational Regulations for Pre-venting Collisions at Sea, 1972 (72COLREGS) (App. A to 33 CFR Part 81)to exhibit the lights prescribed in Rule23 for a ‘‘Power Driven Vessel Under-way’’.

Tank vessel means a vessel that isconstructed or adapted to carry; or car-ries, oil or hazardous materials in bulkas cargo or cargo residue.

(b) An Automatic Radar Plotting Aid(ARPA) that complies with the stand-

ard for such devices adopted by theInternational Maritime Organizationin its ‘‘Operational Standards for Auto-matic Radar Plotting Aids’’ (AppendixA), and that has both audible and vis-ual alarms, must be installed as fol-lows:

(1) Each self-propelled vessel, excepta public vessel, of 10,000 gross tons ormore carrying oil or hazardous mate-rials in bulk as cargo or in residue onthe navigable waters of the UnitedStates, or which transfers oil or haz-ardous materials in any port or placesubject to the jurisdiction of theUnited States, must be equipped withan ARPA.

(2) Each tank vessel of 10,000 grosstons or more operating on the navi-gable waters of the United States mustbe equipped with an ARPA.

(3) Each self-propelled vessel of 15,000gross tons or more that is not a tankvessel, and is not carrying oil or haz-ardous material in bulk as cargo or inresidue operating on the navigable wa-ters of the United States, and was con-structed before September 1, 1984, mustbe equipped with an ARPA, exceptwhen it is operating on the GreatLakes and their connecting and tribu-tary waters.

(4) Each vessel of 10,000 gross tons ormore, except when operating on theGreat Lakes and their connecting andtributary waters, constructed on orafter September 1, 1984 must beequipped with an ARPA.

(c) [Reserved](d)(1) Each device required under

paragraph (b) of this section must havea permanently affixed label containing:

(i) The name and address of the man-ufacturer; and

(ii) The following statement:‘‘This device was designed and manu-

factured to comply with the Inter-national Maritime Organization (IMO)‘Performance Standards for AutomaticRadar Plotting Aids (ARPA).’ ’’

(2) Each device allowed under para-graph (c) of this section must have apermanently affixed label containing;

(i) The name and address of the man-ufacturer; and

(ii) The following statement:

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‘‘This device was designed and manu-factured to comply with the U.S. Mari-time Administration’s ‘CollisionAvoidance System Specification.’ ’’

APPENDIX A TO § 164.38—PERFORMANCESTANDARDS FOR AUTOMATIC RADARPLOTTING AIDS (ARPA)

1 Introduction

1.1 The Automatic Radar Plotting Aids(ARPA) should, in order to improve thestandard of collision avoidance at sea:

.1 Reduce the work-load of observers byenabling them to automatically obtain infor-mation so that they can perform as well withmultiple targets as they can by manuallyplotting a single target; and

.2 Provide continuous, accurate and rapidsituation evaluation.

1.2 In addition to the General Require-ments for Electronic Navigational Aids([IMO] Res. A.281(VII)), the ARPA shouldcomply with the following minimum per-formance standards.

2 Definitions

2.1 Definitions of terms in these perform-ance standards are given in Annex 1.

3 Performance Standards

3.1 Detection3.1.1 Where a separate facility is provided

for detection of targets, other than by theradar observer, it should have a performancenot inferior to that which could be obtainedby the use of the radar display.

3.2 Acquisition3.2.1 Target acquisition may be manual or

automatic. However, there should always bea facility to provide for manual acquisitionand cancellation. ARPA with automatic ac-quisition should have a facility to suppressacquisition in certain areas. On any rangescale where acquisition is suppressed over acertain area, the area of acquisition shouldbe indicated on the display.

3.2.2 Automatic or manual acquisitionshould have a performance not inferior tothat which could be obtained by the user ofthe radar display.

3.3 Tracking3.3.1 The ARPA should be able to auto-

matically track, process, simultaneously dis-play and continuously update the informa-tion on at least:

.1 20 targets, if automatic acquisition isprovided, whether automatically or manu-ally acquired; or

.2 10 targets, if only manual acquisition isprovided.

3.3.2 If automatic acquisition is provided,description of the criteria of selection of tar-gets for tracking should be provided to theuser. If the ARPA does not track all targets

visible on the display, targets which arebeing tracked should be clearly indicated onthe display. The reliability of trackingshould not be less than that obtainable usingmanual recording of successive target posi-tions obtained from the radar display.

3.3.3 Provided the target is not subject totarget swop, the ARPA should continue totrack an acquired target which is clearly dis-tinguishable on the display for 5 out of 10consecutive scans.

3.3.4 The possibility of tracking errors, in-cluding target swop, should be minimized byARPA design. A qualitative description ofthe effects of error sources on the automatictracking and corresponding errors should beprovided to the user, including the effects oflow signal to noise and low signal to clutterratios caused by sea returns, rain, snow, lowclouds and non-synchronous emission.

3.3.5 The ARPA should be able to displayon request at least four equally time-spacedpast positions of any targets being trackedover a period of at least eight minutes.

3.4 Display3.4.1 The Display may be a separate or in-

tegral part of the ship’s radar. However, theARPA display should include all the data re-quired to be provided by a radar display inaccordance with the performance standardsfor navigational radar equipment adopted bythe Organization.

3.4.2 The design should be such that anymalfunction of ARPA parts producing infor-mation additional to information to be pro-duced by the radar as required by the per-formance standards for navigational equip-ment adopted by IMO should not affect theintegrity of the basic radar presentation.

3.4.3 The display on which ARPA informa-tion is presented should have an effective di-ameter of at least 340 mm.

3.4.4 The ARPA facilities should be avail-able on at least the following range scales:

.1 12 or 16 miles;

.2 3 or 4 miles.3.4.5 There should be a positive indication

of the range scale in use.3.4.6 The ARPA should be capable of oper-

ating with a relative motion display with‘‘north-up’’ and either ‘‘head-up’’ or ‘‘course-up’’ azimuth stabilization. In addition, theARPA may also provide for a true motiondisplay. If true motion is provided, the oper-ator should be able to select for his displayeither true or relative motion. There shouldbe a positive indication of the display modeand orientation in use.

3.4.7 The course and speed informationgenerated by the ARPA for acquired targetsshould be displayed in a vector or graphicform which clearly indicates the target’spredicted motion. In this regard:

.1 ARPA presenting predicted informationin vector form only should have the option ofboth true and relative vectors;

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.2 An ARPA which is capable of pre-senting target course and speed informationin graphic form, should also, on request, pro-vide the target’s true and/or relative vector;

.3 Vectors displayed should be either timeadjustable or have a fixed time-scale;

.4 A positive indication of the time-scaleof the vector in use should be given.

3.4.8 The ARPA information should notobscure radar information in such a manneras to degrade the process of detecting tar-gets. The display of ARPA data should beunder the control of the radar observer. Itshould be possible to cancel the display ofunwanted ARPA data.

3.4.9 Means should be provided to adjustindependently the brilliance of the ARPAdata and radar data, including completeelimination of the ARPA data.

3.4.10 The method of presentation shouldensure that the ARPA data is clearly visiblein general to more than one observer in theconditions of light normally experienced onthe bridge of a ship by day and by night.Screening may be provided to shade the dis-play from sunlight but not to the extent thatit will impair the observer’s ability to main-tain a proper lookout. Facilities to adjustthe brightness should be provided.

3.4.11 Provisions should be made to obtainquickly the range and bearing of any objectwhich appears on the ARPA display.

3.4.12 When a target appears on the radardisplay and, in the case of automatic acquisi-tion, enters within the acquisition area cho-sen by the observer or, in the case of manualacquisition, has been acquired by the ob-server, the ARPA should present in a periodof not more than one minute an indication ofthe target’s motion trend and display withinthree minutes the target’s predicted motionin accordance with paragraphs 3.4.7, 3.6, 3.8.2and 3.8.3.

3.4.13 After changing range scales onwhich the ARPA facilities are available orresetting the display, full plotting informa-tion should be displayed within a period oftime not exceeding four scans.

3.5 Operational Warnings3.5.1 The ARPA should have the capa-

bility to warn the observer with a visual and/or audible signal of any distinguishable tar-get which closes to a range or transits a zonechosen by the observer. The target causingthe warning should be clearly indicated onthe display.

3.5.2 The ARPA should have the capa-bility to warn the observer with a visual and/or audible signal of any tracked target which

is predicted to close to within a minimumrange and time chosen by the observer. Thetarget causing the warning should be clearlyindicated on the display.

3.5.3 The ARPA should clearly indicate ifa tracked target is lost, other than out ofrange, and the target’s last tracked positionshould be clearly indicated on the display.

3.5.4 It should be possible to activate orde-activate the operational warnings.

3.6 Data Requirements3.6.1 At the request of the observer the

following information should be immediatelyavailable from the ARPA in alphanumericform in regard to any tracked target:

1. Present range to the target;2. Present bearing of the target;..3 Predicted target range at the closest

point of approach (CPA);.4 Predicted time to CPA (TCPA);.5 Calculated true course of target;.6 Calculated true speed of target.

3.7 Trial Manoeuvre3.7.1 The ARPA should be capable of sim-

ulating the effect on all tracked targets ofan own ship manoeuvre without interruptingthe updating of target information. The sim-ulation should be initiated by the depressioneither of a spring-loaded switch, or of a func-tion key, with a positive identification onthe display.

3.8 Accuracy3.8.1 The ARPA should provide accuracies

not less than those given in paragraphs 3.8.2and 3.8.3 for the four scenarios defined inAnnex 2. With the sensor errors specified inAnnex 3, the values given relate to the bestpossible manual plotting performance underenvironmental conditions of plus and minusten degrees of roll.

3.8.2 An ARPA should present within oneminute of steady state tracking the relativemotion trend of a target with the followingaccuracy values (95 percent probability val-ues):

Scenario/dataRelative

course (de-grees)

Relativespeed(Knots)

CPA (n.m.)

1 ......................... 11 2.8 1.62 ......................... 7 0.6 ....................3 ......................... 14 2.2 1.84 ......................... 15 1.5 2.0

3.8.3 An ARPA should present withinthree minutes of steady state tracking themotion of a target with the following accu-racy values (95 percent probability values):

Scenario/dataRelativecourse

(degrees)

Relativespeed(knots)

C.P.A.(n.m.)

TCPA(mins)

Truecourse

(degrees)

Truespeed(knots)

1 ........................................................................ 3.0 0.8 0.5 1.0 7.5 1.22 ........................................................................ 2.3 .3 .................. .................. 2.9 .83 ........................................................................ 4.4 .9 .7 1.0 3.3 1.0

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1 For the purpose of these definitions thereis no need to distinguish between sea orground stabilization.

Scenario/dataRelativecourse

(degrees)

Relativespeed(knots)

C.P.A.(n.m.)

TCPA(mins)

Truecourse

(degrees)

Truespeed(knots)

4 ........................................................................ 4.6 .8 .7 1.0 2.6 1.2

3.8.4 When a tracked target, or own ship,has completed a manoeuvre, the systemshould present in a period of not more thanone minute an indication of the target’s mo-tion trend, and display within three minutesthe target’s predicted motion in accordancewith paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3

3.8.5 The ARPA should be designed insuch a manner that under the most favorableconditions of own ship motion the error con-tribution from the ARPA should remain in-significant compared to the errors associatedwith the input sensors, for scenarios ofAnnex 2.

3.9 Connections with other equipment3.9.1 The ARPA should not degrade the

performance of any equipment providing sen-sor inputs. The connection of the ARPA toany other equipment should not degrade theperformance of that equipment.

3.10 Performance test and warnings3.10.1 The ARPA should provide suitable

warnings of ARPA malfunction to enable theobserver to monitor the proper operation ofthe system. Additionally test programmesshould be available so that the overall per-formance of ARPA can be assessed periodi-cally against a known solution.

3.11 Equipment used with ARPA3.11.1 Log and speed indicators providing

inputs to ARPA equipment should be capableof providing the ship’s speed through thewater.

ANNEX 1 TO APPENDIX A—DEFINITIONS OFTERMS TO BE USED ONLY IN CONNECTIONWITH ARPA PERFORMANCE STANDARDS

Relative course—The direction of motionof a target related to own ship as deducedfrom a number of measurements of its rangeand bearing on the radar. Expressed as an an-gular distance from North.

Relative speed—The speed of a target re-lated to own ship, as deduced from a numberof measurements of its range and bearing onthe radar.

True course—The apparent heading of atarget obtained by the vectorial combinationof the target’s relative motion and ship’sown motion 1. Expressed as an angular dis-tance from North.

True speed—The speed of a target obtainedby the vectorial combination of its relativemotion and own ship’s motion 1.

Bearing—The direction of one terrestrialpoint from another. Expressed as an angulardistance from North.

Relative motion display—The position ofown ship on such a display remains fixed.

True motion display—The position of ownship on such display moves in accordancewith its own motion.

Azimuth stabilization—Own ship’s compassinformation is fed to the display so thatechoes of targets on the display will not becaused to smear by changes of own ship’sheading./North-up—The line connecting the center

with the top of this display is North./Head-up—The line connecting the center

with the top of the display is own shipheading.

/Course-up—An intended course can be set tothe line connecting the center with thetop of the display.

Heading—The direction in which the bowof a vessel is pointing. Expressed as an angu-lar distance from North.

Target’s predicted motion—The indicationon the display of a liner extrapolation intothe future of a target’s motion, based onmeasurements of the target’s range andbearing on the radar in the recent past.

Target’s motion trend—An early indica-tion of the target’s predicted motion.

Radar Plotting—The whole process of tar-get detection, tracking, calculation of pa-rameters and display of information.

Detection—The recognition of the presenceof a target.

Acquisition—The selection of those targetsrequiring a tracking procedure and the initi-ation of their tracking.

Tracking—The process of observing the se-quential changes in the position of a target,to establish its motion.

Display—The plan position presentation ofARPA data with radar data.

Manual—An activity which a radar ob-server performs, possibly with assistancefrom a machine.

Automatic—An activity which is per-formed wholly by a machine.

ANNEX 2 TO APPENDIX A—OPERATIONALSCENARIOS

For each of the following scenarios pre-dictions are made at the target position de-fined after previously tracking for the appro-priate time of one or three minutes:

Scenario 1

Own ship course—000°

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2 In calculations leading to the accuracyfigures quoted in paragraph 3.8, these sensorerror sources and magnitudes were used.They were arrived at during discussions withnational government agencies and equip-ment manufacturers and are appropriate toequipments complying with the Organiza-tion’s draft performance standards for radarequipment (preliminary) (NAV XXII/WP.14),gyro compasses (NAV XXI/9, Annex X) andlogs (preliminary) (NAV XXII/WP.15).

Independent studies carried out by na-tional government agencies and equipmentmanufacturers have resulted in similar accu-racies, where comparisons were made.

Own ship speed—10 ktTarget range—8 n.m.Bearing of target—000°Relative course of target—180°Relative speed of target—20 kt

Scenario 2

Own ship course—000°Own ship speed—10 ktTarget range—1 n.m.Bearing of target—000°Relative course of target—090°Relative speed of target—10 kt

Scenario 3

Own ship course—000°Own ship speed—5 ktTarget range—8 n.m.Bearing of target—045°Relative course of target—225°Relative speed of target—20 kt

Scenario 4

Own ship course—000°Own ship speed—25 ktTarget range—8 n.m.Bearing of target—045°Relative course of target—225°Relative speed of target—20 kt

ANNEX 3 TO APPENDIX A—SENSOR ERRORS

The accuracy figures quoted in paragraph3.8 are based upon the following sensor errorsand are appropriate to equipment complyingwith the Organization’s performance stand-ards for shipborne navigational equipment.2

Note: o means ‘‘standard deviation’’

Radar

Target Glint (Scintillation) (for 200 mlength target)

Along length of target o = 30 m. (normaldistribution)

Across beam of target o = 1 m. (normal dis-tribution)

Roll-Pitch Bearing. The bearing error willpeak in each of the four quadrants aroundown ship for targets on relative bearings of045°, 135°, 225° and 315° and will be zero at rel-

ative bearings of 0°, 90°, 180° and 270°. Thiserror has a sinusoidal variation at twice theroll frequency. For a 10° roll the mean erroris 0.22° with a 0.22° peak sine wave super-imposed.

Beam shape—assumed normal distributiongiving bearing error with o = 0.05.

Pulse shape— assumed normal distributiongiving range error with o = 20 meters.

Antenna backlash—assumed rectangulardistribution giving bearing error ± 0.5 max-imum.

Quantization

Bearing—rectangular distribution ± 0.01°maximum.

Range—rectangular distribution ± 0.01 n.m.maximum.

Bearing encoder assumed to be runningfrom a remote synchro giving bearing errorswith a normal distribution o = 0.03°

Gyro compass

Calibration error 0.5°.Normal distribution about this with o =

0.12°.

Log

Calibration error 0.5 kt.Normal distribution about this, 3 o = 0.2

kt.

APPENDIX B TO § 164.38—U.S. MARITIME AD-MINISTRATION COLLISION AVOIDANCE SYSTEMSPECIFICATION

A collision system designed as a supple-ment to both surface search navigational ra-dars via interswitching shall be installed.The system shall provide unattended moni-toring of all radar echoes and automaticaudio and visual alarm signals that will alertthe watch officer of a possible threat. Thedisplay shall be contained within a consolecapable of being installed adjacent to theradar displays in the wheelhouse and mayform a part of the bridge console.

Provision for signal input from the ship’sradars, gyro compass, and speed log, withoutmodification to these equipments shall bemade. The collision avoidance system,whether operating normally or having failed,must not introduce any spurious signals orotherwise degrade the performance of the ra-dars, the gyro compass or the speed log.

Computer generated display data for eachacquired target shall be in the form of a lineor vector indicating true or relative targetcourse, speed and both present and extrapo-lated future positions. Data shall be auto-matically displayed on a cathode ray tube orother suitable display contrivance suffi-ciently bright and unobstructed to permitviewing by more than one person at a time.

In addition to displaying the collision po-tential of the most threatening fixed and

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moving targets, the system shall be capableof simultaneously showing land masses.

The system display shall include a headingindication and bearing ring. The systemshall also have the capability of allowing theoperator to select ‘‘head-up’’ and to cancelthe vector or line presentation of any of thetargets. The presentation shall be non-smearing when changing modes or displayscales in order to permit rapid evaluation ofthe displayed data.

Target acquisition, for display data pur-poses, may be manual, automatic or both, asspecified by Owner.

For any manual acquisition system thealarms shall be initiated by a preset min-imum range; and likewise for any automaticacquisition system the alarms shall be initi-ated by a preset minimum acceptable pass-ing distance (CPA—Closest Point of Ap-proach) and a preset advance warning time(TCPA—Time to Closest Point of Approach).Means shall be provided to silence the audioalarm for a given threat but the alarm shallresound upon a subsequent threat. The vis-ual alarm shall continue to operate until allthreats have been eliminated. If the collisionavoidance system fails to perform as indi-cated above, after the system is set for unat-tended monitoring, the system shall produceboth audio and visual warning alarms.

The system shall be capable of simulatinga trial maneuver.

In addition to the target display, an alpha-numeric readout shall be provided which canpresent range, bearing, course, speed, CPAand TCPA for any selected target, either onthe target display or by other display means.

The collision avoidance system shall be en-ergized from the interior communicationspanel board in the wheelhouse.

The collision avoidance function may beincorporated in an integrated conning sys-tem, provided that failure of any other inte-grated system component will not degradethe collision avoidance function.

[CGD 79–148, 45 FR 54039, Aug. 14, 1980; 45 FR71800, Oct. 30, 1980, as amended by CGD 83–004, 49 FR 43467, Oct. 29, 1984; USCG–1998–3799,63 FR 35532, June 30, 1998]

§ 164.39 Steering gear: Foreign tank-ers.

(a) This section applies to each for-eign tanker of 10,000 gross tons ormore, except a public vessel, that—

(1) Transfers oil at a port or placesubject to the jurisdiction of theUnited States; or

(2) Otherwise enters or operates inthe navigable waters of the UnitedStates, except a vessel described by§ 164.02 of this part.

(b) Definitions. The terms used in thissection are as follows:

Constructed means the same as inChapter II–1, Regulations 1.1.2 and1.1.3.1, of SOLAS 74.

Existing tanker means a tanker—(1) For which the building contract is

placed on or after June 1, 1979;(2) In the absence of a building con-

tract, the keel of which is laid or whichis at a similar stage of construction onor after January 1, 1980;

(3) The delivery of which occurs on orafter June 1, 1982; or

(4) That has undergone a major con-version contracted for on or after June1, 1979; or construction of which wasbegun on or after January 1, 1980, orcompleted on or after June 1, 1982.

Public vessel, oil, hazardous materials,and foreign vessel mean the same as in46 U.S.C. 2101.

SOLAS 74 means the InternationalConvention for the Safety of Life atSea, 1974, as amended.

Tanker means a self-propelled vesseldefined as a tanker by 46 U.S.C. 2101(38)or as a tank vessel by 46 U.S.C. 2101(39).

(c) Each tanker constructed on orafter September 1, 1984, must meet theapplicable requirements of Chapter II–1, Regulations 29 and 30, of SOLAS 74.

(d) Each tanker constructed beforeSeptember 1, 1984, must meet the re-quirements of Chapter II–1, Regulation29.19, of SOLAS 74.

(e) Each tanker of 40,000 gross tons ormore, constructed before September 1,1984, that does not meet the single-fail-ure criterion of Chapter II–1, Regula-tion 29.16, of SOLAS 74, must meet therequirements of Chapter II–1, Regula-tion 29.20, of SOLAS 74.

(f) Each tanker constructed beforeSeptember 1, 1984, must meet the appli-cable requirements of Chapter II–1,Regulations 29.14 and 29.15, of SOLAS74.

[CGD 83–043, 60 FR 24771, May 10, 1995]

§ 164.40 Devices to indicate speed anddistance.

(a) Each vessel required to be fittedwith an Automatic Radar Plotting Aid(ARPA) under § 164.38 of this part mustbe fitted with a device to indicatespeed and distance of the vessel eitherthrough the water or over the ground.

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(b) The device must meet the fol-lowing specifications:

(1) The display must be easily read-able on the bridge by day or night.

(2) Errors in the indicated speed,when the vessel is operating free fromshallow water effect, and from the ef-fects of wind, current, and tide, shouldnot exceed 5 percent of the speed of thevessel, or 0.5 knot, whichever is great-er.

(3) Errors in the indicated distancerun, when the vessel is operating freefrom shallow water effect, and from theeffects of wind, current, and tide,should not exceed 5 percent of the dis-tance run of the vessel in one hour or0.5 nautical mile in each hour, which-ever is greater.

[CGD 83–004, 49 FR 43467, Oct. 29, 1984, asamended by USCG–1998–3799, 63 FR 35532,June 30, 1998]

§ 164.41 Electronic position fixing de-vices.

(a) Each vessel calling at a port inthe continental United States, includ-ing Alaska south of Cape Prince ofWales, except each vessel owned orbareboat chartered and operated by theUnited States, or by a state or its po-litical subdivision, or by a foreign na-tion, and not engaged in commerce,must have one of the following:

(1) A Type I or II LORAN C receiveras defined in Section 1.2(e), meetingPart 2 (Minimum Performance Stand-ards) of the Radio Technical Commis-sion for Marine Services (RTCM) Paper12–78/DO–100 dated December 20, 1977,entitled ‘‘Minimum PerformanceStandards (MPS) Marine Loran–C Re-ceiving Equipment’’. Each receiver in-stalled must be labeled with the infor-mation required under paragraph (b) ofthis section.

(2) A satellite navigation receiverwith:

(i) Automatic acquisition of satellitesignals after initial operator settingshave been entered; and

(ii) Position updates derived fromsatellite information during each usa-ble satellite pass.

(3) A system that is found by theCommandant to meet the intent of thestatements of availability, coverage,and accuracy for the U.S. Coastal Con-fluence Zone (CCZ) contained in the

U.S. ‘‘Federal Radionavigation Plan’’(Report No. DOD–NO 4650.4–P, I or No.DOT–TSC–RSPA–80–16, I). A person de-siring a finding by the Commandantunder this subparagraph must submit awritten application describing the de-vice to the Assistant Commandant forOperations, 2100 Second Street SW.,Washington, DC 20593–0001. After re-viewing the application, the Com-mandant may request additional infor-mation to establish whether or not thedevice meets the intent of the FederalRadionavigation Plan.

NOTE: The Federal Radionavigation Plan isavailable from the National Technical Infor-mation Service, Springfield, Va. 22161, withthe following Government AccessionNumbers:Vol 1, ADA 116468Vol 2, ADA 116469Vol 3, ADA 116470Vol 4, ADA 116471

(b) Each label required under para-graph (a)(1) of this section must showthe following:

(1) The name and address of the man-ufacturer.

(2) The following statement by themanufacturer:

This receiver was designed and manu-factured to meet Part 2 (Minimum Per-formance Standards) of the RTCM MPSfor Marine Loran–C Receiving Equip-ment.

(Sec. 12, 92 Stat. 1477 (33 U.S.C. 1231); 49 CFR1.46(n)(4))

[CGD 81–081, 47 FR 58244, Dec. 30, 1982, asamended by CGD 88–052, 53 FR 25122, July 1,1988; CGD 96–026, 61 FR 33669, June 28, 1996;CGD 97–023, 62 FR 33365, June 19, 1997; USCG–1998–3799, 63 FR 35532, June 30, 1998]

§ 164.42 Rate of turn indicator.

Each vessel of 100,000 gross tons ormore constructed on or after Sep-tember 1, 1984 shall be fitted with arate of turn indicator.

[CGD 83–004, 49 FR 43468, Oct. 29, 1984]

§ 164.43 Automatic Identification Sys-tem Shipborne Equipment.

(a) Each vessel required to provideautomated position reports to a VesselTraffic Service (VTS) must do so by aninstalled Automatic Identification Sys-tem Shipborne Equipment (AISSE) sys-tem consisting of a:

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33 CFR Ch. I (7–1–01 Edition)§ 164.51

(1) Twelve-channel all-in-view Dif-ferential Global Positioning System(dGPS) receiver;

(2) Marine band Non-Directional Bea-con receiver capable of receiving dGPSerror correction messages;

(3) VHF—FM transceiver capable ofDigital Selective Calling (DSC) on thedesignated DSC frequency; and

(4) Control unit.(b) An AISSE must have the fol-

lowing capabilities:(1) Use dGPS to sense the position of

the vessel and determine the time ofthe position using Universal Coordi-nated Time (UTC);

(2) Fully use the broadcast type 1, 2,3, 5, 6, 7, 9, and 16 messages, as specifiedin RTCM Recommended Standards forDifferential NAVSTAR GPS Service indetermining the required information;

(3) Achieve a position error which isless than ten meters (32.8 feet) 2 dis-tance root mean square (2 drms) fromthe true North American Datum of 1983(NAD 83) in the position informationtransmitted to a VTS;

(4) Achieve a course error of less than0.5 degrees from true course overground in the course informationtransmitted to a VTS;

(5) Achieve a speed error of less than0.05 knots from true speed over groundin the speed information transmittedto a VTS;

(6) Receive and comply with com-mands broadcast from a VTS as DSCmessages on the designated DSC fre-quency;

(7) Receive and comply with RTCMmessages broadcast as minimum shiftkeying modulated medium frequencysignals in the marine radiobeaconband, and supply the messages to thedGPS receiver;

(8) Transmit the vessel’s position,tagged with the UTC at position solu-tion, course over ground, speed overground, and Lloyd’s identificationnumber to a VTS;

(9) Display a visual alarm to indicateto shipboard personnel when a failureto receive or utilize the RTCM mes-sages occurs;

(10) Display a separate visual alarmwhich is triggered by a VTS utilizing aDSC message to indicate to shipboardpersonnel that the U.S. Coast Guard

dGPS system cannot provide the re-quired error correction messages; and

(11) Display two RTCM type 16 mes-sages, one of which must display theposition error in the position errorbroadcast.

(c) An AISSE is considered non-oper-ational if it fails to meet the require-ments of paragraph (b) of this section.

NOTE: Vessel Traffic Service (VTS) areasand operating procedures are set forth inPart 161 of this chapter.

[CGD 90–020, 59 FR 36334, July 15, 1994, asamended by CGD 97–023, 62 FR 33365, June 19,1997]

§ 164.51 Deviations from rules: Emer-gency.

Except for the requirements of§ 164.53(b), in an emergency, any personmay deviate from any rule in this partto the extent necessary to avoid endan-gering persons, property, or the envi-ronment.

[CGD 74–77, 42 FR 5956, Jan. 31, 1977]

§ 164.53 Deviations from rules and re-porting: Non-operating equipment.

(a) If during a voyage any equipmentrequired by this part stops operatingproperly, the person directing themovement of the vessel may continueto the next port of call, subject to thedirections of the District Commanderor the Captain of the Port, as providedby Part 160 of this chapter.

(b) If the vessel’s radar, radio naviga-tion receivers, gyrocompass, echodepth sounding device, or primarysteering gear stops operating properly,the person directing the movement ofthe vessel must report or cause to bereported that it is not operating prop-erly to the nearest Captain of the Port,District Commander, or, if partici-pating in a Vessel Traffic Service, tothe Vessel Traffic Center, as soon aspossible.

(Sec. 2, Pub. L. 95–474, 92 Stat. 1471 (33 U.S.C.1221); 49 CFR 1.46(n)(4))

[CGD 74–77, 42 FR 5956, Jan. 31, 1977]

EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 164.53, see the List of CFRSections Affected, which appears in theFinding Aids section of the printed volumeand on GPO Access.

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Coast Guard, DOT § 164.72

§ 164.55 Deviations from rules: Con-tinuing operation or period of time.

The Captain of the Port, upon writ-ten application, may authorize a devi-ation from any rule in this part if hedetermines that the deviation does notimpair the safe navigation of the vesselunder anticipated conditions and willnot result in a violation of the rules forpreventing collisions at sea. The au-thorization may be issued for vesselsoperating in the waters under the juris-diction of the Captain of the Port forany continuing operation or period oftime the Captain of the Port specifies.

[CGD 74–77, 42 FR 5956, Jan. 31, 1977]

§ 164.61 Marine casualty reporting andrecord retention.

When a vessel is involved in a marinecasualty as defined in 46 CFR 4.03–1,the master or person in charge of thevessel shall:

(a) Ensure compliance with 46 CFRSubpart 4.05, ‘‘Notice of Marine Cas-ualty and Voyage Records;’’ and

(b) Ensure that the voyage recordsrequired by 46 CFR 4.05–15 are retainedfor:

(1) 30 days after the casualty if thevessel remains in the navigable watersof the United States; or

(2) 30 days after the return of the ves-sel to a United States port if the vesseldeparts the navigable waters of theUnited States within 30 days after themarine casualty.

[CGD 74–77, 42 FR 5956, Jan. 31, 1977]

§ 164.70 Definitions.For purposes of §§ 164.72 through

164.82, the term—Current edition means the most recent

published version of a publication,chart, or map required by § 164.72.

Currently corrected edition means acurrent or previous edition of a publi-cation required by § 164.72, correctedwith changes that come from Noticesto Mariners (NTMs) or Notices to Navi-gation reasonably available and thatapply to the vessel’s transit. Hand-an-notated river maps from the U.S. ArmyCorps of Engineers (ACOE) are cur-rently corrected editions if issued with-in the previous 5 years.

Great Lakes means the Great Lakesand their connecting and tributary wa-

ters including the Calumet River as faras the Thomas J. O’Brien Lock andControlling Works (between miles 326and 327), the Chicago River as far asthe east side of the Ashland AvenueBridge (between miles 321 and 322), andthe Saint Lawrence River as far east asthe lower exit of Saint Lambert Lock.

Swing-meter means an electronic orelectric device that indicates the rateof turn of the vessel on board which itis installed.

Towing vessel means a commercialvessel engaged in or intending to en-gage in pulling, pushing or haulingalongside, or any combination of pull-ing, pushing, or hauling alongside.

Western Rivers means the MississippiRiver, its tributaries, South Pass, andSouthwest Pass, to the navigational-demarcation lines dividing the highseas from harbors, rivers, and other in-land waters of the United States, andthe Port Allen-Morgan City Alter-native Route, and that part of theAtchafalaya River above its junctionwith the Port Allen-Morgan City Alter-native Route including the Old Riverand the Red River and those watersspecified by §§ 89.25 and 89.27 of thischapter, and such other, similar watersas are designated by the COTP.

[CGD 94–020, 61 FR 35072, July 3, 1996]

§ 164.72 Navigational-safety equip-ment, charts or maps, and publica-tions required on towing vessels.

(a) Except as provided by § 164.01(b),each towing vessel must be equippedwith the following navigational-safetyequipment:

(1) Marine Radar. By August 2, 1997, amarine radar that meets the followingapplicable requirements:

(i) For a vessel of less than 300 tonsgross tonnage that engages in towingon navigable waters of the U.S., includ-ing Western Rivers, the radar mustmeet—

(A) The requirements of the FederalCommunications Commission (FCC)specified by 47 CFR part 80; and

(B) RTCM Standard for Marine RadarEquipment Installed on Ships of LessThan 300 Tons Gross Tonnage, RTCMPaper 71–95/SC112–STD, Version 1.1, dis-play Category II and stabilization Cat-egory Bravo.

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(ii) For a vessel of less than 300 tonsgross tonnage that engages in towingseaward of navigable waters of the U.S.or more than three nautical miles fromshore on the Great Lakes, the radarmust meet—

(A) The requirements of the FCCspecified by 47 CFR part 80; and

(B) RTCM Standard for Marine RadarEquipment Installed on Ships of LessThan 300 Tons Gross Tonnage, RTCMPaper 71–95/SC112–STD, Version 1.1, dis-play Category I and stabilization Cat-egory Alpha.

(iii) For a vessel of 300 tons gross ton-nage or more that engages in towing onnavigable waters of the U.S., includingWestern rivers, the radar must meet—

(A) The requirements of the FederalCommunications Commission (FCC)specified by 47 CFR part 80; and

(B) RTCM Recommended Standardsfor Marine Radar Equipment Installedon Ships of 300 Tons Gross Tonnage andUpwards, RTCM Paper 191–93/SC112–X,Version 1.2 except the requirements forazimuth stabilization in paragraph 3.10.

(iv) For a vessel of 300 tons gross ton-nage or more that engages in towingseaward of navigable waters of the U.S.or more than three nautical miles fromshore on the Great Lakes, the radarmust meet—

(A) The requirements of the FCCspecified by 47 CFR Part 80; and

(B) RTCM Recommended Standardsfor Marine Radar Equipment Installedon Ships of 300 Tons Gross Tonnage andUpwards, RTCM Paper 191–93/SC112–X,Version 1.2.

(v) A towing vessel with an existingradar must meet the applicable re-quirements of paragraphs (a)(1) (i)through (iv) of this section by August2, 1998; except that a towing vessel withan existing radar must meet the dis-play and stabilization requirements ofparagraph (a)(1)(ii)(B) of this sectionby August 2, 2001.

(2) Searchlight. A searchlight,directable from the vessel’s main steer-ing station and capable of illuminatingobjects at a distance of at least twotimes the length of the tow.

(3) VHF–FM Radio. An installation ormultiple installations of VHF–FM ra-dios as prescribed by part 26 of thischapter and 47 CFR part 80, to main-tain a continuous listening watch on

the designated calling channel, VHF–FM Channel 13 (except on portions ofthe Lower Mississippi River, whereVHF–FM Channel 67 is the designatedcalling channel), and to separatelymonitor the International Distress andCalling Channel, VHF–FM Channel 16,except when transmitting or receivingtraffic on other VHF–FM channels orwhen participating in a Vessel TrafficService (VTS) or monitoring a channelof a VTS. (Each U.S. towing vessel of 26feet (about 8 meters) or more in length,except a public vessel, must hold aship-radio-station license for radiotransmitters (including radar andEPIRBs), and each operator must holda restricted operator’s license or high-er. To get an application for either li-cense, call (800) 418–FORM or (202) 418–FORM, or write to the FCC; WirelessBureau, Licensing Division; 1270 Fair-field Road; Gettysburg, PA 17325–7245.)

(4) Magnetic Compass. Either—(i) An illuminated swing-meter or an

illuminated car-type magnetic steeringcompass readable from the vessel’smain steering station, if the vessel en-gages in towing exclusively on WesternRivers; or

(ii) An illuminated card-type mag-netic steering compass readable fromthe vessel’s main steering station.

(5) Echo Depth-Sounding Device. ByAugust 2, 2001, an echo depth-soundingdevice readable from the vessel’s mainsteering station, unless the vessel en-gages in towing exclusively on WesternRivers.

(6) Electronic Position-Fixing Device.An electronic position-fixing device, ei-ther a LORAN–C receiver or a satellitenavigational system such as the GlobalPositioning System (GPS) as requiredby § 164.41, if the vessel engages in tow-ing seaward of navigable waters of theU.S. or more than three nautical milesfrom shore on the Great Lakes.

(b) Each towing vessel must carry onboard and maintain the following:

(1) Charts or maps. Marine charts ormaps of the areas to be transited, pub-lished by the National Ocean Service(NOS), the ACOE, or a river authoritythat satisfy the following require-ments:

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Coast Guard, DOT § 164.72

(i) The charts or maps must be of alarge enough scale and have enough de-tail to make safe navigation of theareas possible.

(ii) The charts or maps must be ei-ther—

(A) Current editions or currently cor-rected editions, if the vessel engages intowing exclusively on navigable watersof the U.S., including Western Rivers;or

(B) Currently corrected editions, ifthe vessel engages in towing seaward ofnavigable waters of the U.S. or morethan three nautical miles from shoreon the Great Lakes.

(iii) The charts or maps may be, in-stead of charts or maps required byparagraphs (b)(1) (i) and (ii) of this sec-tion, currently corrected marine chartsor maps, or applicable extracts, pub-lished by a foreign government. Thesecharts or maps, or applicable extracts,must contain information similar tothat on the charts or maps required byparagraphs (b)(1) (i) and (ii) of this sec-tion, be of large enough scale, and haveenough detail to make safe navigationof the areas possible, and must be cur-rently corrected.

(2) General publications. A currentlycorrected edition of, or an applicablecurrently corrected extract from, eachof the following publications for thearea to be transited:

(i) If the vessel is engaged in towingexclusively on Western Rivers—

(A) U.S. Coast Guard Light List;(B) Applicable Notices to Navigation

published by the ACOE, or Local No-tices to Mariners (LNMs) published bythe Coast Guard, for the area to betransited, when available; and

(C) River-current tables published bythe ACOE or a river authority, if avail-able.

(ii) If the vessel is engaged otherthan in towing exclusively on WesternRivers—

(A) Coast Guard Light List;(B) Notices to Mariners published by

the National Imagery and MappingAgency, or LNMs published by theCoast Guard;

(C) Tidal-current tables published byprivate entities using data provided bythe NOS, or river-current tables pub-lished by the ACOE or a river author-ity:

(D) Tide tables published by privateentities using data provided by theNOS; and

(E) U.S. Coast Pilot.(c) Table 164.72, following, summa-

rizes the navigational-safety equip-ment, charts or maps, and publicationsrequired for towing vessels of 12 metersor more in length engaged in towing:

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33 CFR C

h. I (7–1–01 Editio

n)§

164.72

TABLE 164.72.—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF12 METERS OR MORE IN LENGTH

Western rivers U.S. navigable waters other than western rivers Waters seaward of navigable waters and 3 NM ormore from shore on the Great Lakes

Marine Radar:Towing Vessels of

Less Than 300 GT.RTCM Paper 71–95/SC112–STD Version 1.1, Dis-

play Category II 1 Stabilization Category BRAVO.RTCM Paper 71–95/SC112–STD Version 1.1, Dis-

play Category II 1 Stabilization Category BRAVO.RTCM Paper 71–95/SC112–STD Version 1.1, Dis-

play Category I 2 Stabilization Category ALPHA.Towing Vessels of 300

GT or More.RTCM Paper 191–93/SC112–X Version 1.2 (ex-

cept the Azmuth stabilization requirement inparagraph 3.10).1.

RTCM Paper 191–93/SC112–X Version 1.2 (ex-cept the Azmuth stabilization requirement inparagraph 3.10).1.

RTCM Paper 191–93/SC112–X Version 1.2.1

Searchlight .................. X X XVHF–FM Radio ........... X X XMagnetic Compass ..... X 3 X XSwing-Meter ................ X 3

Echo Depth-SoundingDevice.

X X

Electronic Position-Fix-ing Device.

X

Charts or Maps ........... (1) Large enough scale ............................................ (1) Large enough scale ............................................ (1) Large enough scale.(2) Current edition or currently corrected edition ..... (2) Current edition or currently corrected edition ..... (2) Currently corrected edition.

General Publications ... (1) U.S. Coast Guard Light List ............................... (1) U.S. Coast Guard Light List ............................... (1) U.S. Coast Guard Light List.(2) Notices to Navigation or Local Notices to Mari-

ners.(2) Local Notices to Mariners ................................... (2) Local Notices to Mariners.

(3) River-current Tables ........................................... (3) Tidal-current Tables ............................................ (3) Tidal-current Tables.(4) Tide Tables ......................................................... (4) Tide Tables.(5) U.S. Coast Pilot .................................................. (5) U.S. Coast Pilot.

Notes:1 Towing vessels with existing radar must meet this requirement by August 2, 1998.2 Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the display and stabilization requirements until August 2, 2001.3 A towing vessel may carry either a swing-meter or a magnetic compass.

[CGD 94–020, 61 FR 35073, July 3, 1996, as amended by CGD 97–034, 62 FR 40272, July 28, 1997; USCG–1999–5832, 64 FR 34715, June 29, 1999;USCG–2001–9286, 66 FR 33641, June 25, 2001]

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Coast Guard, DOT § 164.74

§ 164.74 Towline and terminal gear fortowing astern.

(a) Towline. The owner, master, or op-erator of each vessel towing asternshall ensure that the strength of eachtowline is adequate for its intendedservice, considering at least the fol-lowing factors:

(1) The size and material of each tow-line must be—

(i) Appropriate for the horsepower orbollard pull of the vessel;

(ii) Appropriate for the static loadsand dynamic loads expected during theintended service;

(iii) Appropriate for the sea condi-tions expected during the intendedservice;

(iv) Appropriate for exposure to themarine environment and to any chemi-cals used or carried on board the ves-sel;

(v) Appropriate for the temperaturesof normal stowage and service on boardthe vessel;

(vi) Compatible with associated navi-gational-safety equipment; and

(vii) Appropriate for the likelihood ofmechanical damage.

(2) Each towline as rigged must be—(i) Free of knots;(ii) Spliced with a thimble, or have a

poured socket at its end; and(iii) Free of wire clips except for tem-

porary repair, for which the towlinemust have a thimble and either fivewire clips or as many wire clips as themanufacturer specifies for the nominaldiameter and construction of the tow-line, whichever is more.

(3) The condition of each towlinemust be monitored through the—

(i) Keeping on board the towing ves-sel or in company files of a record ofthe towline’s initial minimum break-ing strength as determined by the man-ufacturer, by a classification (‘‘class’’)society authorized in § 157.04 of thischapter, or by a tensile test that meetsAPI Specification 9A, Specification forWire Rope, Section 3; ASTM D 4268 (in-corporated by reference, see § 164.03),Standard Test Method for TestingFiber Ropes; or Cordage Institute CIA3, Standard Test Methods for FiberRope Including Standard Termi-nations;

(ii) If the towline is purchased fromanother owner, master, or operator of a

vessel with the intent to use it as atowline or if it is retested for any rea-son, keeping on board the towing vesselor in company files of a record of eachretest of the towline’s minimum break-ing strength as determined by a classsociety authorized in § 157.04 of thischapter or by a tensile test that meetsAPI Specification 9A, Section 3; ASTMD 4268 (incorporated by reference, see§ 164.03) or Cordage Institute CIA 3,Standard Test Methods;

(iii) Conducting visual inspections ofthe towline in accordance with themanufacturer’s recommendations, orat least monthly, and whenever theserviceability of the towline is in doubt(the inspections being conducted by theowner, master, or operator, or by a per-son on whom the owner, master, or op-erator confers the responsibility totake corrective measures appropriatefor the use of the towline);

(iv) Evaluating the serviceability ofthe whole towline or any part of thetowline, and removing the whole orpart from service either as rec-ommended by the manufacturer or aclass society authorized in § 157.04 ofthis chapter or in accordance with a re-placement schedule developed by theowner, master, or operator that ac-counts for at least the—

(A) Nautical miles on, or time inservice of, the towline;

(B) Operating conditions experiencedby the towline;

(C) History of loading of the towline;(D) Surface condition, including cor-

rosion and discoloration, of the tow-line;

(E) Amount of visible damage to thetowline;

(F) Amount of material deteriorationindicated by measurements of diameterand, if applicable, measurements of layextension of the towline; and

(G) Point at which a tensile testproves the minimum breaking strengthof the towline inadequate by the stand-ards of paragraph (a)(1) of this section,if necessary; and

(v) Keeping on board the towing ves-sel or in company files of a record ofthe material condition of the towlinewhen inspected under paragraphs(a)(3)(iii) and (iv) of this section. Oncethis record lapses for three months ormore, except when a vessel is laid up or

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out of service or has not deployed itstowline, the owner, master, or operatorshall retest the towline or remove itfrom service.

(b) Terminal gear. The owner, master,or operator of each vessel towingastern shall ensure that the gear usedto control, protect, and connect eachtowline meets the following criteria:

(1) The material and size of the ter-minal gear are appropriate for thestrength and anticipated loading of thetowline and for the environment;

(2) Each connection is secured by atleast one nut with at least one cotterpin or other means of preventing itsfailure;

(3) The lead of the towline is appro-priate to prevent sharp bends in thetowline from fairlead blocks, chocks,or tackle;

(4) There is provided a method,whether mechanical or non-mechan-ical, that does not endanger operatingpersonnel but that easily releases thetowline;

(5) The towline is protected from ab-rasion or chafing by chafing gear, lag-ging, or other means;

(6) Except on board a vessel towing inice on Western Rivers or one using atowline of synthetic or natural fiber,there is fitted a winch that evenlyspools and tightly winds the towline;and

(7) If a winch is fitted, there is at-tached to the main drum a brake thathas holding power appropriate for thehorsepower or bollard pull of the vesseland can be operated without power tothe winch.

[CGD 94–020, 61 FR 35074, July 3, 1996, asamended by USCG–1999–5151, 64 FR 67176,Dec. 1, 1999]

§ 164.76 Towline and terminal gear fortowing alongside and pushingahead.

The owner, master, or operator ofeach vessel towing alongside or push-ing ahead shall ensure that the facewires, spring lines, and push gearused—

(a) Are appropriate for the vessel’shorsepower;

(b) Are appropriate for the arrange-ment of the tow;

(c) Are frequently inspected; and

(d) Remain serviceable.

[CGD 94–020, 61 FR 35075, July 3, 1996]

§ 164.78 Navigation under way: Towingvessels.

(a) The owner, master, or operator ofeach vessel towing shall ensure thateach person directing and controllingthe movement of the vessel—

(1) Understands the arrangement ofthe tow and the effects of maneuveringon the vessel towing and on the vessel,barge, or object being towed;

(2) Can fix the position of the vesselusing installed navigational equip-ment, aids to navigation, geographicreference-points, and hydrographiccontours;

(3) Does not fix the position of thevessel using buoys alone (Buoys areaids to navigation placed in approxi-mate positions either to alert marinersto hazards to navigation or to indicatethe orientation of a channel. They maynot maintain exact charted positions,because strong or varying currents,heavy seas, ice, and collisions with ves-sels can move or sink them or set themadrift. Although they may corroboratea position fixed by other means, theycannot fix a position; however, if noother aids are available, buoys alonemay establish an estimated position.);

(4) Evaluates the danger of each clos-ing visual or radar contact;

(5) Knows and applies the variationand deviation, where a magnetic com-pass is fitted and where charts or mapshave enough detail to enable this typeof correction;

(6) Knows the speed and direction ofthe current, set, drift, and tidal statefor the area to be transited; and

(7) Proceeds at a speed prudent forthe weather, visibility, traffic density,tow draft, possibility of wake damage,speed of the current, and local speed-limits.

(b) The owner, master, or operator ofeach vessel towing shall ensure thatthe tests and inspections required by§ 164.80 are conducted and that the re-sults are entered in the log or otherrecord carried on board.

[CGD 94–020, 61 FR 35075, July 3, 1996]

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Coast Guard, DOT § 164.82

§ 164.80 Tests and inspections.(a) The owner, master, or operator of

each towing vessel of less than 1,600 GTshall ensure that the following testsand inspections of gear occur beforethe vessel embarks on a voyage of morethan 24 hours or when each new masteror operator assumes command:

(1) Steering-systems. A test of thesteering-gear-control system; a test ofthe main steering gear from the alter-native power supply, if installed; averification of the rudder-angle indi-cator relative to the actual position ofthe rudder; and a visual inspection ofthe steering gear and its linkage.

(2) Navigational equipment. A test ofall installed navigational equipment.

(3) Communications. Operation of allinternal vessel control communica-tions and vessel-control alarms, if in-stalled.

(4) Lights. Operation of all naviga-tional lights and all searchlights.

(5) Terminal gear. Visual inspection oftackle; of connections of bridle andtowing pendant, if applicable; of chaf-ing gear; and of the winch brake, if in-stalled.

(6) Propulsion systems. Visual inspec-tion of the spaces for main propulsionmachinery, of machinery, and of de-vices for monitoring machinery.

(b) The owner, master, or operator ofeach towing vessel of 1,600 GT or moreshall ensure that the following tests ofequipment occur at the frequency re-quired by § 164.25 and that the followinginspections of gear occur before thevessel embarks on a voyage of morethan 24 hours or when each new masteror operator assumes command:

(1) Navigational equipment. Tests ofonboard equipment as required by§ 164.25.

(2) Terminal gear. Visual inspection oftackle; of connections of bridle andtowing pendant, if applicable; of chaf-ing gear; and of the winch brake, if in-stalled.

[CGD 94–020, 61 FR 35075, July 3, 1996]

§ 164.82 Maintenance, failure, and re-porting.

(a) Maintenance. The owner, master,or operator of each towing vessel shallmaintain operative the navigational-safety equipment required by § 164.72.

(b) Failure. If any of the navigational-safety equipment required by § 164.72fails during a voyage, the owner, mas-ter, or operator of the towing vesselshall exercise due diligence to repair itat the earliest practicable time. He orshe shall enter its failure in the log orother record carried on board. The fail-ure of equipment, in itself, does notconstitute a violation of this rule; nordoes it constitute unseaworthiness; nordoes it obligate an owner, master, oroperator to moor or anchor the vessel.However, the owner, master, or oper-ator shall consider the state of theequipment—along with such factors asweather, visibility, traffic, and the dic-tates of good seamanship—in decidingwhether it is safe for the vessel to pro-ceed.

(c) Reporting. The owner, master, oroperator of each towing vessel whoseequipment is inoperative or otherwiseimpaired while the vessel is operatingwithin a Vessel Traffic Service (VTS)Area shall report the fact as requiredby 33 CFR 161.124. (33 CFR 161.124 re-quires that each user of a VTS reportto the Vessel Traffic Center as soon aspracticable:

(1) Any absence or malfunction ofvessel-operating equipment for naviga-tional safety, such as propulsion ma-chinery, steering gear, radar, gyro-compass, echo depth-sounding or othersounding device, automatic dependentsurveillance equipment, or naviga-tional lighting;

(2) Any condition on board the vessellikely to impair navigation, such asshortage of personnel or lack of cur-rent nautical charts or maps, or publi-cations; and

(3) Any characteristics of the vesselthat affect or restrict the maneuver-ability of the vessel, such as arrange-ment of cargo, trim, loaded condition,under-keel clearance, and speed.)

(d) Deviation and authorization. Theowner, master, or operator of each tow-ing vessel unable to repair within 96hours an inoperative marine radar re-quired by § 164.72(a) shall so notify theCaptain of the Port (COTP) and shallseek from the COTP both a deviationfrom the requirements of this sectionand an authorization for continued op-eration in the area to be transited.

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33 CFR Ch. I (7–1–01 Edition)Pt. 165

Failure of redundant navigational-safe-ty equipment, including but not lim-ited to failure of one of two installedradars, where each satisfies § 164.72(a),does not necessitate either a deviationor an authorization.

(1) The initial notice and request fora deviation and an authorization maybe spoken, but the request must also bewritten. The written request must ex-plain why immediate repair is imprac-ticable, and state when and by whomthe repair will be made.

(2) The COTP, upon receiving even aspoken request, may grant a deviationand an authorization from any of theprovisions of §§ 164.70 through 164.82 fora specified time if he or she decidesthat they would not impair the safenavigation of the vessel under antici-pated conditions.

[CGD 94–020, 61 FR 35075, July 3, 1996]

PART 165—REGULATED NAVIGA-TION AREAS AND LIMITED AC-CESS AREAS

Subpart A—General

Sec.165.1 Purpose of part.165.5 Establishment procedures.165.7 Notification.165.8 Geographic coordinates.

Subpart B—Regulated Navigation Areas

165.10 Regulated navigation areas.165.11 Vessel operating requirements (regu-

lations).165.13 General regulations.

Subpart C—Safety Zones

165.20 Safety zones.165.23 General regulations

Subpart D—Security Zones

165.30 Security zones.165.33 General regulations.

Subpart E—Restricted Waterfront Areas

165.40 Restricted waterfront areas.

Subpart F—Specific Regulated NavigationAreas and Limited Access Areas

FIRST COAST GUARD DISTRICT

165.100 Regulated Navigation Area: Navi-gable waters within the First CoastGuard District.

165.101 Kittery, Maine—regulated naviga-tion area.

165.102 Security Zone: Walkers Point,Kennebunkport, ME.

165.103 Safety Zone: Portsmouth Harbor,Portsmouth, New Hampshire.

165.110 Boston Harbor, Boston, Massachu-setts.

165.111 Safety Zone: Boston Harbor, Boston,Massachusetts.

165.112 Safety Zone: USS CASSIN YOUNG,Boston, Massachusetts.

165.113 Security Zone: Dignitary arrival/de-parture Logan International Airport,Boston, MA.

165.120 Safety Zone: Chelsea River, BostonInner Harbor, Boston, MA.

165.121 Safety Zone: Rhode Island Sound,Narragansett Bay, Providence River.

165.122 Providence River, Providence, R.I.regulated navigation area.

165.130 Sandy Hook Bay, New Jersey—secu-rity zone.

165.140 New London Harbor, Connecticut—security zone.

165.141 Safety Zone: Sunken vessel EMPIREKNIGHT, Boon Island, ME.

165.150 New Haven Harbor, QuinnipiacRiver, Mill River.

165.155 Northville Industries Offshore Plat-form, Riverhead, Long Island, NewYork—safety zone.

165.160 New York, New Jersey, Sandy HookChannel, Raritan Bay, Arthur Kill—safe-ty zone.

165.161 Safety Zones: Coast Guard ActivitiesNew York Annual Fireworks Displays.

165.162 Safety Zone: New York Super BoatRace, Hudson River, New York.

165.163 Safety Zones; Port of New York/NewJersey Fleet Week.

165.164 Security Zones: Dignitary Arrival/Departure and United Nations Meetings,New York, NY.

165.165 Regulated Navigation Area; Kill VanKull Channel, Newark Bay Channel,South Elizabeth Channel, ElizabethChannel, Port Newark Channel and NewJersey Pierhead Channel, New York andNew Jersey.

165.166 Safety zone: Macy’s July 4th Fire-works, East River, NY.

165.168 Safety Zones: New York Harbor,Western Long Island Sound, East River,and Hudson River Fireworks.

165.170 Safety Zone: Triathlon, Ulster,Landing, Hudson River, NY.

FIFTH COAST GUARD DISTRICT

165.501 Chesapeake Bay entrance and Hamp-ton Roads, Va. and adjacent waters—reg-ulated navigation area.

165.502 Cove Point, Chesapeake Bay, Mary-land—safety zone.

165.504 Newport News Shipbuilding and DryDock Company Shipyard, James River,Newport News, Va.

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