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(continued) in addition to the
lights prescribed in this paragraph, sidelights and a sternlight.
(b) Vessels restricted in their ability to maneuver
A vessel restricted in her ability to maneuver, except a vessel
engaged in mineclearance operations, shall exhibit:
(i) three all-round lights in a vertical line where they can
best be seen. The highest and lowest of these lights shall be red
and the middle light shall be white;
(ii) three shapes in a vertical line where they can best be
seen. The highest and lowest of these shapes shall be balls and
the middle one a diamond;
(iii) when making way through the water, masthead lights,
sidelights and a sternlight, in addition to the lights prescribed
in subparagraph (b)(i); and
(iv) when at anchor, in addition to the lights or shapes
prescribed in subparagraphs (b)(i) and (ii), the light, lights or
shapes prescribed in Rule 30.
(c) Vessels engaged in towing operations
A vessel engaged in a towing operation which severely restricts
the towing vessel and her tow in their ability to deviate from
their course shall, in addition to the lights or shapes prescribed
in subparagraphs (b)(i) and (ii) of this Rule, exhibit the lights
or shape prescribed in Rule 24.
(d) Vessels engaged in dredging or underwater operations
A vessel engaged in dredging or underwater operations, when
restricted in her ability to maneuver, shall exhibit the lights and
shapes prescribed in subparagraphs (b)(i), (ii), and (iii) of this
Rule and shall in addition, when an obstruction exists, exhibit:
(i) two all-round red lights or two balls in a vertical line to
indicate the side on which the obstruction exists;
(ii) two all-round green lights or two diamonds in a vertical
line to indicate the side on which another vessel may pass; and
(iii) when at anchor, the lights or shape prescribed by this
paragraph, instead of the lights or shapes prescribed in Rule 30
for anchored vessels.
(e) Vessels engaged in diving operations
Whenever the size of a vessel engaged in diving operations makes
it impracticable to exhibit all lights and shapes prescribed in
paragraph (d) of this Rule, the following shall instead be
exhibited:
(i) Three all-round lights in a vertical line where they can
best be seen. The highest and lowest of these lights shall be red
and the middle light shall be white.
(ii) A rigid replica of the international Code flag "A" not
less than 1 meter in height. Measures shall be taken to insure
its all-round visibility.
(f) Vessels engaged in mineclearance operations
A vessel engaged in mineclearance operations shall, in addition
to the lights prescribed for a power-driven vessel in Rule 23 or to
the lights or shape prescribed for a vessel at anchor in Rule 30,
as appropriate, exhibit three all-round green lights or three
balls. One of these lights or shapes shall be exhibited near the
foremast head and one at each end of the fore yard. These lights or
shapes indicate that it is dangerous for another vessel to approach
within 1,000 meters of the mineclearance vessel.
(g) Vessels of less than 12 meters in length
A vessel of less than 12 meters in length, except when engaged in
diving operations, is not required to exhibit the lights or shapes
prescribed in this Rule.
(h) Signals of vessels in distress and requiring assistance
The signals prescribed in this Rule are not signals of vessels in
distress and requiring assistance. Such signals are contained in
Annex IV to these Rules.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3427; Pub. L.
100-448, Sec. 14(2), (3), Sept. 28, 1988, 102 Stat. 1844.)
-REFTEXT-
REFERENCES IN TEXT
Rule 30, referred to in pars. (b)(iv), (d)(iii), and (f), is
classified to section 2030 of this title.
Rule 24, referred to in par. (c), is classified to section 2024
of this title.
Rule 23, referred to in par. (f), is classified to section 2023
of this title.
Annex IV to these Rules, referred to in par. (h), is to be
established by the Secretary under section 2071 of this title.
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-MISC1-
AMENDMENTS
1988 - Par. (b). Pub. L. 100-448, Sec. 14(2), substituted
"mineclearance" for "minesweeping" in introductory provisions.
Par. (f). Pub. L. 100-448, Sec. 14(3), amended par. (f)
generally. Prior to amendment, par. (f) read as follows: "A vessel
engaged in minesweeping operations shall, in addition to the lights
prescribed for a power-driven vessel in Rule 23, exhibit three
all-round green lights or three balls. One of these lights or
shapes shall be exhibited near the foremast head and one at each
end of the fore yard. These lights or shapes indicate that it is
dangerous for another vessel to approach closer than 1,000 meters
astern or 500 meters on either side of the minesweeper."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2020, 2031 of this title.
-End-
-CITE-
33 USC Sec. 2028 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part C - Lights and Shapes
-HEAD-
Sec. 2028. [Reserved] (Rule 28)
-STATUTE-
-End-
-CITE-
33 USC Sec. 2029 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part C - Lights and Shapes
-HEAD-
Sec. 2029. Pilot vessels (Rule 29)
-STATUTE-
(a) Vessels engaged on pilotage duty
A vessel engaged on pilotage duty shall exhibit:
(i) at or near the masthead, two all-round lights in a vertical
line, the upper being white and the lower red;
(ii) when underway, in addition, sidelights and a sternlight;
and
(iii) when at anchor, in addition to the lights prescribed in
subparagraph (i), the anchor light, lights, or shape prescribed
in Rule 30 for anchored vessels.
(b) Vessels when not engaged on pilotage duty
A pilot vessel when not engaged on pilotage duty shall exhibit
the lights or shapes prescribed for a vessel of her length.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3428.)
-REFTEXT-
REFERENCES IN TEXT
Rule 30, referred to in par. (a)(iii), is classified to section
2030 of this title.
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2020, 2031 of this title.
-End-
-CITE-
33 USC Sec. 2030 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part C - Lights and Shapes
-HEAD-
Sec. 2030. Anchored vessels and vessels aground (Rule 30)
-STATUTE-
(a) Vessels at anchor
A vessel at anchor shall exhibit where it can best be seen:
(i) in the fore part, an all-round white light or one ball; and
(ii) at or near the stern and at a lower level than the light
prescribed in subparagraph (i), an all-round white light.
(b) Vessels of less than 50 meters in length; alternative light
A vessel of less than 50 meters in length may exhibit an
all-round white light where it can best be seen instead of the
lights prescribed in paragraph (a) of this Rule.
(c) Illumination of decks
A vessel at anchor may, and a vessel of 100 meters or more in
length shall, also use the available working or equivalent lights
to illuminate her decks.
(d) Vessels aground
A vessel aground shall exhibit the lights prescribed in paragraph
(a) or (b) of this Rule and in addition, if practicable, where they
can best be seen:
(i) two all-round red lights in a vertical line; and
(ii) three balls in a vertical line.
(e) Vessels of less than 7 meters in length when at anchor
A vessel of less than 7 meters in length, when at anchor, not in
or near a narrow channel, fairway, anchorage, or where other
vessels normally navigate, shall not be required to exhibit the
lights or shape prescribed in paragraphs (a) and (b) of this Rule.
(f) Vessels of less than 12 meters in length when aground
A vessel of less than 12 meters in length when aground shall not
be required to exhibit the lights or shapes prescribed in
subparagraphs (d)(i) and (ii) of this Rule.
(g) Vessels of less than 20 meters in length while at anchor in
special anchorage
A vessel of less than 20 meters in length, when at anchor in a
special anchorage area designated by the Secretary, shall not be
required to exhibit the anchor lights and shapes required by this
Rule.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3429.)
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2020, 2027, 2029, 2031 of
this title.
-End-
-CITE-
33 USC Sec. 2031 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part C - Lights and Shapes
-HEAD-
Sec. 2031. Seaplanes (Rule 31)
-STATUTE-
Where it is impracticable for a seaplane to exhibit lights and
shapes of the characteristics or in the positions prescribed in the
Rules of this Part she shall exhibit lights and shapes as closely
similar in characteristics and position as is possible.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3429.)
-REFTEXT-
REFERENCES IN TEXT
Rules of this Part, referred to in text, means sections 2020 to
2031 of this title.
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2020 of this title.
-End-
-CITE-
33 USC Part D - Sound and Light Signals 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part D - Sound and Light Signals
-HEAD-
PART D - SOUND AND LIGHT SIGNALS
-End-
-CITE-
33 USC Sec. 2032 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part D - Sound and Light Signals
-HEAD-
Sec. 2032. Definitions (Rule 32)
-STATUTE-
(a) The word "whistle" means any sound signaling appliance
capable of producing the prescribed blasts and which complies with
specifications in Annex III to these Rules.
(b) The term "short blast" means a blast of about 1 second's
duration.
(c) The term "prolonged blast" means a blast of from 4 to 6
seconds' duration.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3429.)
-REFTEXT-
REFERENCES IN TEXT
Annex III to these Rules, referred to in par. (a), is to be
established by the Secretary under section 2071 of this title.
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-End-
-CITE-
33 USC Sec. 2033 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part D - Sound and Light Signals
-HEAD-
Sec. 2033. Equipment for sound signals (Rule 33)
-STATUTE-
(a) Vessels of 12 meters or more in length
A vessel of 12 meters or more in length shall be provided with a
whistle and a bell and a vessel of 100 meters or more in length
shall, in addition, be provided with a gong, the tone and sound of
which cannot be confused with that of the bell. The whistle, bell
and gong shall comply with the specifications in Annex III to these
Rules. The bell or gong or both may be replaced by other equipment
having the same respective sound characteristics, provided that
manual sounding of the prescribed signals shall always be possible.
(b) Vessels of less than 12 meters in length
A vessel of less than 12 meters in length shall not be obliged to
carry the sound signaling appliances prescribed in paragraph (a) of
this Rule but if she does not, she shall be provided with some
other means of making an efficient sound signal.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3430.)
-REFTEXT-
REFERENCES IN TEXT
Annex III to these Rules, referred to in par. (a), is to be
established by the Secretary under section 2071 of this title.
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-End-
-CITE-
33 USC Sec. 2034 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part D - Sound and Light Signals
-HEAD-
Sec. 2034. Maneuvering and warning signals (Rule 34)
-STATUTE-
(a) Whistle signals
When power-driven vessels are in sight of one another and meeting
or crossing at a distance within half a mile of each other, each
vessel underway, when maneuvering as authorized or required by
these Rules:
(i) shall indicate that maneuver by the following signals on
her whistle: one short blast to mean "I intend to leave you on my
port side"; two short blasts to mean "I intend to leave you on my
starboard side"; and three short blasts to mean "I am operating
astern propulsion".
(ii) upon hearing the one or two blast signal of the other
shall, if in agreement, sound the same whistle signal and take
the steps necessary to effect a safe passing. If, however, from
any cause, the vessel doubts the safety of the proposed maneuver,
she shall sound the danger signal specified in paragraph (d) of
this Rule and each vessel shall take appropriate precautionary
action until a safe passing agreement is made.
(b) Light signals
A vessel may supplement the whistle signals prescribed in
paragraph (a) of this Rule by light signals:
(i) These signals shall have the following significance: one
flash to mean "I intend to leave you on my port side"; two
flashes to mean "I intend to leave you on my starboard side";
three flashes to mean "I am operating astern propulsion";
(ii) The duration of each flash shall be about 1 second; and
(iii) The light used for this signal shall, if fitted, be one
all-round white or yellow light, visible at a minimum range of 2
miles, synchronized with the whistle, and shall comply with the
provisions of Annex I to these Rules.
(c) Overtaking situations
When in sight of one another:
(i) a power-driven vessel intending to overtake another
power-driven vessel shall indicate her intention by the following
signals on her whistle: one short blast to mean "I intend to
overtake you on your starboard side"; two short blasts to mean "I
intend to overtake you on your port side"; and
(ii) the power-driven vessel about to be overtaken shall, if in
agreement, sound a similar sound signal. If in doubt she shall
sound the danger signal prescribed in paragraph (d).
(d) Doubts or failure to understand signals
When vessels in sight of one another are approaching each other
and from any cause either vessel fails to understand the intentions
or actions of the other, or is in doubt whether sufficient action
is being taken by the other to avoid collision, the vessel in doubt
shall immediately indicate such doubt by giving at least five short
and rapid blasts on the whistle. This signal may be supplemented by
a light signal of at least five short and rapid flashes.
(e) Vessels in areas of obscured visibility due to intervening
obstructions
A vessel nearing a bend or an area of a channel or fairway where
other vessels may be obscured by an intervening obstruction shall
sound one prolonged blast. This signal shall be answered with a
prolonged blast by any approaching vessel that may be within
hearing around the bend or behind the intervening obstruction.
(f) Use of one whistle only on a vessel
If whistles are fitted on a vessel at a distance apart of more
than 100 meters, one whistle only shall be used for giving
maneuvering and warning signals.
(g) Power-driven vessels leaving dock or berth
When a power-driven vessel is leaving a dock or berth, she shall
sound one prolonged blast.
(h) Agreement between vessels using radiotelephone
A vessel that reaches agreement with another vessel in a head-on,
crossing, or overtaking situation, as for example, by using the
radiotelephone as prescribed by the Vessel Bridge-to-Bridge
Radiotelephone Act (85 Stat. 164; 33 U.S.C. 1201 et seq.), is not
obliged to sound the whistle signals prescribed by this rule,(!1)
but may do so. If agreement is not reached, then whistle signals
shall be exchanged in a timely manner and shall prevail.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3430; Pub. L.
104-324, title VII, Sec. 701(6), Oct. 19, 1996, 110 Stat. 3933.)
-REFTEXT-
REFERENCES IN TEXT
These Rules, referred to in par. (a), are the Inland Navigational
Rules which are classified to this subchapter.
Annex I to these Rules, referred to in par. (b)(iii), is to be
established by the Secretary under section 2071 of this title.
The Vessel Bridge-to-Bridge Radiotelephone Act, referred to in
par. (h), is Pub. L. 92-63, Aug. 4, 1971, 85 Stat. 164, as amended,
which is classified generally to chapter 24 (Sec. 1201 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 1201 of this title and
Tables.
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-MISC1-
AMENDMENTS
1996 - Par. (h). Pub. L. 104-324 amended par. (h) generally.
Prior to amendment, par. (h) read as follows: "A vessel that
reaches agreement with another vessel in a meeting, crossing, or
overtaking situation by using the radiotelephone as prescribed by
the Bridge-to-Bridge Radiotelephone Act (85 Stat. 165; 33 U.S.C.
1207), is not obliged to sound the whistle signals prescribed by
this Rule, but may do so. If agreement is not reached, then whistle
signals shall be exchanged in a timely manner and shall prevail."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2009, 2014 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be capitalized.
-End-
-CITE-
33 USC Sec. 2035 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part D - Sound and Light Signals
-HEAD-
Sec. 2035. Sound signals in restricted visibility (Rule 35)
-STATUTE-
In or near an area of restricted visibility, whether by day or
night, the signals prescribed in this Rule shall be used as
follows:
(a) Power-driven vessels making way through the water
A power-driven vessel making way through the water shall sound at
intervals of not more than 2 minutes one prolonged blast.
(b) Power-driven vessels underway but stopped and making no way
through the water
A power-driven vessel underway but stopped and making no way
through the water shall sound at intervals of not more than 2
minutes two prolonged blasts in succession with an interval of
about 2 seconds between them.
(c) Vessels not under command; vessels restricted in ability to
maneuver; sailing vessels; vessels engaged in fishing; vessels
engaged in towing or pushing
A vessel not under command; a vessel restricted in her ability to
maneuver, whether underway or at anchor; a sailing vessel; a vessel
engaged in fishing, whether underway or at anchor; and a vessel
engaged in towing or pushing another vessel shall, instead of the
signals prescribed in paragraphs (a) or (b) of this Rule, sound at
intervals of not more than 2 minutes, three blasts in succession;
namely, one prolonged followed by two short blasts.
(d) Vessels towed
A vessel towed or if more than one vessel is towed the last
vessel of the tow, if manned, shall at intervals of not more than 2
minutes sound four blasts in succession; namely, one prolonged
followed by three short blasts. When practicable, this signal shall
be made immediately after the signal made by the towing vessel.
(e) Pushing and pushed vessels connected in composite unit
When a pushing vessel and a vessel being pushed ahead are rigidly
connected in a composite unit they shall be regarded as a
power-driven vessel and shall give the signals prescribed in
paragraphs (a) or (b) of this Rule.
(f) Vessels at anchor
A vessel at anchor shall at intervals of not more than 1 minute
ring the bell rapidly for about 5 seconds. In a vessel of 100
meters or more in length the bell shall be sounded in the forepart
of the vessel and immediately after the ringing of the bell the
gong shall be sounded rapidly for about 5 seconds in the after part
of the vessel. A vessel at anchor may in addition sound three
blasts in succession; namely, one short, one prolonged and one
short blast, to give warning of her position and of the possibility
of collision to an approaching vessel.
(g) Vessels aground
A vessel aground shall give the bell signal and if required the
gong signal prescribed in paragraph (f) of this Rule and shall, in
addition, give three separate and distinct strokes on the bell
immediately before and after the rapid ringing of the bell. A
vessel aground may in addition sound an appropriate whistle signal.
(h) Vessels of less than 12 meters in length
A vessel of less than 12 meters in length shall not be obliged to
give the above-mentioned signals but, if she does not, shall make
some other efficient sound signal at intervals of not more than 2
minutes.
(i) Pilot vessels
A pilot vessel when engaged on pilotage duty may in addition to
the signals prescribed in paragraphs (a), (b) or (f) of this Rule
sound an identity signal consisting of four short blasts.
(j) Vessels anchored in special anchorage areas
The following vessels shall not be required to sound signals as
prescribed in paragraph (f) of this Rule when anchored in a special
anchorage area designated by the Secretary:
(i) a vessel of less than 20 meters in length; and
(ii) a barge, canal boat, scow, or other nondescript craft.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3431.)
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-End-
-CITE-
33 USC Sec. 2036 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part D - Sound and Light Signals
-HEAD-
Sec. 2036. Signals to attract attention (Rule 36)
-STATUTE-
If necessary to attract the attention of another vessel, any
vessel may make light or sound signals that cannot be mistaken for
any signal authorized elsewhere in these Rules, or may direct the
beam of her searchlight in the direction of the danger, in such a
way as not to embarrass any vessel.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3432.)
-REFTEXT-
REFERENCES IN TEXT
These Rules, referred to in text, are the Inland Navigational
Rules which are classified to this subchapter.
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2024 of this title.
-End-
-CITE-
33 USC Sec. 2037 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part D - Sound and Light Signals
-HEAD-
Sec. 2037. Distress signals (Rule 37)
-STATUTE-
When a vessel is in distress and requires assistance she shall
use or exhibit the signals described in Annex IV to these Rules.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3432.)
-REFTEXT-
REFERENCES IN TEXT
Annex IV to these Rules, referred to in text, is to be
established by the Secretary under section 2071 of this title.
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-End-
-CITE-
33 USC Part E - Exemptions 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part E - Exemptions
-HEAD-
PART E - EXEMPTIONS
-End-
-CITE-
33 USC Sec. 2038 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER I - RULES
Part E - Exemptions
-HEAD-
Sec. 2038. Exemptions (Rule 38)
-STATUTE-
Any vessel or class of vessels, the keel of which is laid or
which is at a corresponding stage of construction before December
24, 1980, provided that she complies with the requirements of -
(a) Chapter 3 of this title for vessels navigating the waters
subject to that chapter;
(b) Chapter 5 of this title for vessels navigating the waters
subject to that chapter;
(c) Chapter 4 of this title for vessels navigating the waters
subject to that chapter; or
(d) Sections 3, 4, and 5 of the Act of April 25, 1940 (54 Stat.
163), as amended (46 U.S.C. 526b, c, and d) for motorboats
navigating the waters subject to that statute; shall be exempted
from compliance with the technical Annexes to these Rules as
follows:
(i) the installation of lights with ranges prescribed in Rule
22, until 4 years after the effective date of these Rules, except
that vessels of less than 20 meters in length are permanently
exempt;
(ii) the installation of lights with color specifications as
prescribed in Annex I to these Rules, until 4 years after the
effective date of these Rules, except that vessels of less than
20 meters in length are permanently exempt;
(iii) the repositioning of lights as a result of conversion to
metric units and rounding off measurement figures, are
permanently exempt; and
(iv) the horizontal repositioning of masthead lights prescribed
by Annex I to these Rules:
(1) on vessels of less than 150 meters in length, permanent
exemption.
(2) on vessels of 150 meters or more in length, until 9 years
after the effective date of these Rules.
(v) the restructuring or repositioning of all lights to meet
the prescriptions of Annex I to these Rules, until 9 years after
the effective date of these Rules;
(vi) power-driven vessels of 12 meters or more but less than 20
meters in length are permanently exempt from the provisions of
Rule 23(a)(i) and 23(a)(iv) provided that, in place of these
lights, the vessel exhibits a white light aft visible all round
the horizon; and
(vii) the requirements for sound signal appliances prescribed
in Annex III to these Rules, until 9 years after the effective
date of these Rules.
-SOURCE-
(Pub. L. 96-591, Sec. 2, Dec. 24, 1980, 94 Stat. 3432.)
-REFTEXT-
REFERENCES IN TEXT
Chapter 3 of this title, referred to in par. (a), was in the
original "The Act of June 7, 1897 (30 Stat. 96), as amended (33
U.S.C. 154-232)", which was repealed by section 8(a) of Pub. L.
96-591.
Chapter 5 of this title, referred to in par. (b), was in the
original "Section 4233 of the Revised Statutes (33 U.S.C.
301-356)", which was repealed by section 8(a) of Pub. L. 96-591.
Chapter 4 of this title, referred to in par. (c), was in the
original "The Act of February 8, 1895 (28 Stat. 645), as amended
(33 U.S.C. 241-295)", which was repealed by section 8(b) of Pub. L.
96-591.
Sections 3, 4, and 5 of the Act of April 25, 1940 (54 Stat. 163),
as amended (46 U.S.C. 526b, c, and d), referred to in par. (d),
were repealed effective 12 months after Dec. 24, 1980, by section
8(a) of Pub. L. 96-591.
Annexes and Annexes I and III to these Rules, referred to in par.
(d), are to be established by the Secretary under section 2071 of
this title.
Rule 22, referred to in par. (d)(i), is classified to section
2022 of this title.
The effective date of these Rules, referred to in par. (d), is 12
months after Dec. 24, 1980, except on the Great Lakes, where the
effective date was established as Mar. 1, 1983. See section 7 of
Pub. L. 96-591, set out as an Effective Date note under section
2001 of this title.
Rule 23, referred to in par. (d)(vi), is classified to section
2023 of this title.
-COD-
CODIFICATION
Section was enacted as part of section 2 of Pub. L. 96-591 which
enacted the Inland Navigational Rules which comprise this
subchapter.
-End-
-CITE-
33 USC SUBCHAPTER II - MISCELLANEOUS PROVISIONS 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER II - MISCELLANEOUS PROVISIONS
-HEAD-
SUBCHAPTER II - MISCELLANEOUS PROVISIONS
-End-
-CITE-
33 USC Sec. 2071 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER II - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 2071. Implementation and interpretation; regulations;
technical annexes to Inland Navigational Rules
-STATUTE-
The Secretary may issue regulations necessary to implement and
interpret this chapter. The Secretary shall establish the following
technical annexes to these Rules: Annex I, Positioning and
Technical Details of Lights and Shapes; Annex II, Additional
Signals for Fishing Vessels Fishing in Close Proximity; Annex III,
Technical Details of Sound Appliances; and Annex IV, Distress
Signals. These annexes shall be as consistent as possible with the
respective annexes to the International Regulations. The Secretary
may establish other technical annexes, including local pilot rules.
-SOURCE-
(Pub. L. 96-591, Sec. 3, Dec. 24, 1980, 94 Stat. 3433.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 96-591, Dec. 24, 1980, 94 Stat. 3415, as
amended, known as the Inland Navigational Rules Act of 1980, which
enacted this chapter, amended sections 151, 1604, 1605, and 1608 of
this title, repealed sections 154 to 159, 171 to 183, 191, 192, 201
to 213, 221, 222, 232, 241 to 244, 251 to 262, 271, 272, 281 to
295, 301 to 303, 311 to 323, 331, 341 to 356, 360, and 360a of this
title and sections 526b, 526c, and 526d of former Title 46,
Shipping, and enacted provisions set out as notes under section
2001 of this title. For complete classification of this Act to the
Code see Short Title note set out under section 2001 of this title
and Tables.
These Rules, referred to in text, are the Inland Navigational
Rules which are classified to subchapter I of this chapter.
The International Regulations, referred to in text, are the
International Regulations for Preventing Collisions at Sea, 1972.
See International Regulations for Preventing Collisions at Sea,
1972, set out as a note under section 1602 of this title.
-End-
-CITE-
33 USC Sec. 2072 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER II - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 2072. Violations of Inland Navigational Rules
-STATUTE-
(a) Liability of operator for civil penalty
Whoever operates a vessel in violation of this chapter, or of any
regulation issued thereunder, or in violation of a certificate of
alternative compliance issued under Rule 1 is liable to a civil
penalty of not more than $5,000 for each violation.
(b) Liability of vessel for civil penalty; seizure of vessel
Every vessel subject to this chapter, other than a public vessel
being used for noncommercial purposes, that is operated in
violation of this chapter, or of any regulation issued thereunder,
or in violation of a certificate of alternative compliance issued
under Rule 1 is liable to a civil penalty of not more than $5,000
for each violation, for which penalty the vessel may be seized and
proceeded against in the district court of the United States of any
district within which the vessel may be found.
(c) Assessment of civil penalty by Secretary; collection
The Secretary may assess any civil penalty authorized by this
section. No such penalty may be assessed until the person charged,
or the owner of the vessel charged, as appropriate, shall have been
given notice of the violation involved and an opportunity for a
hearing. For good cause shown, the Secretary may remit, mitigate,
or compromise any penalty assessed. Upon the failure of the person
charged, or the owner of the vessel charged, to pay an assessed
penalty, as it may have been mitigated or compromised, the
Secretary may request the Attorney General to commence an action in
the appropriate district court of the United States for collection
of the penalty as assessed, without regard to the amount involved,
together with such other relief as may be appropriate.
(d) Withholding of clearance
(1) If any owner, operator, or individual in charge of a vessel
is liable for a penalty under this section, or if reasonable cause
exists to believe that the owner, operator, or individual in charge
may be subject to a penalty under this section, the Secretary of
the Treasury, upon the request of the Secretary, shall with respect
to such vessel refuse or revoke any clearance required by section
91 of title 46, Appendix.
(2) Clearance or a permit refused or revoked under this
subsection may be granted upon filing of a bond or other surety
satisfactory to the Secretary.
-SOURCE-
(Pub. L. 96-591, Sec. 4, Dec. 24, 1980, 94 Stat. 3433; Pub. L.
104-324, title III, Sec. 312(c), Oct. 19, 1996, 110 Stat. 3920.)
-REFTEXT-
REFERENCES IN TEXT
Rule 1, referred to in pars. (a) and (b), is classified to
section 2001 of this title.
-MISC1-
AMENDMENTS
1996 - Par. (d). Pub. L. 104-324 inserted heading and amended
text generally. Prior to amendment, text read as follows: "The
Secretary of the Treasury shall withhold or revoke, at the request
of the Secretary, the clearance, required by section 91 of title
46, Appendix, of any vessel, the owner or operator of which is
subject to any of the penalties in this section. Clearance may be
granted in such cases upon the filing of a bond or other surety
satisfactory to the Secretary."
-End-
-CITE-
33 USC Sec. 2073 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34 - INLAND NAVIGATIONAL RULES
SUBCHAPTER II - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 2073. Navigation Safety Advisory Council
-STATUTE-
(a) Establishment; membership; Council panels; publication in
Federal Register
The Secretary shall establish a Navigation Safety Advisory
Council (hereinafter referred to as the Council) not exceeding 21
members. To assure balanced representation, members shall be
chosen, insofar as practical, from the following groups: (1)
recognized experts and leaders in organizations having an active
interest in the Rules of the Road and vessel and port safety, (2)
representatives of owners and operators of vessels, professional
mariners, recreational boaters, and the recreational boating
industry, (3) individuals with an interest in maritime law, and (4)
Federal and State officials with responsibility for vessel and port
safety. Additional persons may be appointed to panels of the
Council to assist the Council in the performance of its functions.
The Secretary shall, not less often than once a year, publish
notice in the Federal Register for solicitation of nominations for
membership on the Council.
(b) Functions and purpose of Council
The Council shall advise, consult with, and make recommendations
to the Secretary on matters relating to the prevention of
collisions, rammings, and groundings, including the Inland Rules of
the Road, the International Rules of the Road, navigation
regulations and equipment, routing measures, marine information,
diving safety, and aids to navigation systems. Any advice or
recommendation made by the Council to the Secretary shall reflect
the independent judgment of the Council on the matter concerned.
The Council shall meet at the call of the Secretary, but in any
event not less than twice during each calendar year. All
proceedings of the Council shall be public, and a record of the
proceedings shall be made available for public inspection.
(c) Executive secretary; staff; travel expenses and status of
members
The Secretary shall furnish to the Council an executive secretary
and such secretarial, clerical, and other services as are deemed
necessary for the conduct of its business. Members of the Council,
while away from their home or regular places of business, may be
allowed travel expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5. Payments under this
section shall not render members of the Council officers or
employees of the United States for any purpose.
(d) Termination of Council
Unless extended by subsequent Act of Congress, the Council shall
terminate on September 30, 2005.
-SOURCE-
(Pub. L. 96-591, Sec. 5, Dec. 24, 1980, 94 Stat. 3434; Pub. L.
97-322, title I, Sec. 118(c), Oct. 15, 1982, 96 Stat. 1586; Pub. L.
98-557, Sec. 16(b)(2), Oct. 30, 1984, 98 Stat. 2866; Pub. L.
101-225, title I, Sec. 105(a)(1), Dec. 12, 1989, 103 Stat. 1909;
Pub. L. 104-324, title III, Sec. 304(a), (g), Oct. 19, 1996, 110
Stat. 3917, 3918; Pub. L. 107-295, title III, Sec. 334, Nov. 25,
2002, 116 Stat. 2105.)
-MISC1-
AMENDMENTS
2002 - Subsec. (d). Pub. L. 107-295 substituted "September 30,
2005" for "September 30, 2000".
1996 - Pub. L. 104-324, Sec. 304(g), which directed the general
amendment of the "section heading for section 5(d) of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2073)", was executed by
inserting section catchline, to reflect the probable intent of
Congress.
Par. (d). Pub. L. 104-324, Sec. 304(a), substituted "September
30, 2000" for "September 30, 1995".
1989 - Par. (a). Pub. L. 101-225, Sec. 105(a)(1)(A), substituted
"Navigation Safety Advisory Council" for "Rules of the Road
Advisory Council".
Par. (b). Pub. L. 101-225, Sec. 105(a)(1)(B), amended par. (b)
generally. Prior to amendment, par. (b) read as follows: "The
Council shall advise, consult with, and make recommendations to the
Secretary on matters relating to any major proposals for changes to
the Inland Rules. The Council may recommend changes to the Inland
Rules and International Regulations to the Secretary. Any advice or
recommendation made by the Council to the Secretary shall reflect
the independent judgment of the Council on the matter concerned.
The Council shall meet at the call of the Secretary, but in any
event not less than once during each calendar year. All proceedings
of the Council shall be public, and a record of the proceedings
shall be made available for public inspection. The Council is
authorized to make available to Congress any information, advice,
and recommendations which the Council is authorized to give to the
Secretary."
Par. (d). Pub. L. 101-225, Sec. 105(a)(1)(C), substituted
"September 30, 1995" for "September 30, 1990".
1984 - Par. (c). Pub. L. 98-557, Sec. 16(b)(2)(A), struck out
provisions authorizing members who are not officers or employees of
the United States to receive compensation at a rate not exceeding
the daily equivalent of the current rate of basic pay for GS-18 of
the General Schedule under section 5332 of title 5.
Par. (d). Pub. L. 98-557, Sec. 16(b)(2)(B), substituted "on
September 30, 1990" for "5 years from the date of enactment of this
Act".
1982 - Par. (a). Pub. L. 97-322, Sec. 118(c)(1), directed
Secretary, not less often than once a year, to publish notice in
Federal Register for solicitation of nominations for membership on
Council.
Par. (b). Pub. L. 97-322, Sec. 118(c)(2), authorized Council to
make available to Congress any information, advice, and
recommendations which Council is authorized to give to Secretary.
Par. (c). Pub. L. 97-322, Sec. 118(c)(3), struck out "or while
otherwise engaged in the business of the Council" after "meetings
of the Council", and ", including traveltime" after "section 5332
of title 5".
REFERENCES IN OTHER LAWS
Section 105(a)(2) of Pub. L. 101-225 provided that: "Each
reference to the Rules of the Road Advisory Council in a law,
regulation, order, document, record, or paper of the United States
is deemed to be a reference to the Navigation Safety Advisory
Council."
-End-