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(continued)
(b) A county that received an allocation subsequent to fiscal year 1996-97 but prior to fiscal year 2003-04 shall receive, at a minimum, the amount of the most recent fiscal year allocation, unless the county's program has been reduced. This amount is also defined as the baseline State financial eligibility allocation and is likewise shown in Exhibit 1 in Section 6593.11.
(c) Beginning with fiscal year 2005-06 and continuing with each fiscal year thereafter:
(1) A participating agency that spends less than its baseline State financial eligibility allocation in both calendar year 2003 and calendar year 2004 shall have its eligibility allocation reduced in fiscal year 2005-06. The reduced eligibility allocation amount shall equal the higher amount spent in either calendar year 2003 or calendar year 2004. (See Exhibit 2 in Section 6593.11 - Example of Program Reduction)
(2) A participating agency that spends less than its baseline State financial eligibility allocation during a calendar year period, in the two most recent calendar years, shall have its eligibility allocation reduced in the next fiscal year. The revised eligibility allocation amount shall equal the higher amount spent during one of the two most recent calendar years.
(3) Unallocated funds as a result of (1) or (2) shall be reallocated on an annual one-time basis to those participating agencies that incurred expenditures exceeding their baseline eligibility allocations during the most recent calendar year. These unallocated funds shall be allocated on a prorated basis to participating agencies based on the individual participating agency's expenditures that exceeded baseline eligibility allocations divided by the total statewide expenditures that exceeded baseline eligibility allocations applied to the total statewide unallocated funds. Under no circumstances shall a participating agency receive more than 20 percent of the total funds appropriated to all participating agencies for boating safety and enforcement programs. The total amount of funds that are reallocated shall not exceed the amount of the total statewide surplus. The reallocated funds shall be treated as a one-time reallocation of unspent funds. (See Exhibit 3 in Section 6593.11 -Example of Reallocation of Unspent Funds)
(d) Beginning with fiscal year 2003-04 and continuing with each fiscal year thereafter, the formula for a new, non-participating applicant agency applying to the program shall be as follows, provided that sufficient funds are appropriated specifically for new agencies:
Total Estimated Boating Safety and Enforcement Costs Less Vessel Taxes Received
by the county Equals State Financial Eligibility Allocation
(1) Total Estimated Boating Safety and Enforcement Costs shall be based on the estimated work-hours of patrol required for boating safety and enforcement activities. Each agency shall justify the estimated number of work hours of patrol by documenting various operations data as part of the application.
(2) The number of work hours shall be multiplied by either the agency's actual hourly pay of boating safety and enforcement officers, or the agency's mid-range or equivalent (i.e., third of five pay steps) journeyman level average hourly pay, and either the agency's actual fringe benefit percent for boating safety and enforcement officers, or the agency's customary average fringe benefits percent, to estimate total personnel costs. This total personnel costs amount shall be multiplied by 30 percent to estimate associated operations, maintenance, and equipment costs. The sum of total personnel costs, and associated operations, maintenance, and equipment costs, shall equal estimated boating safety and enforcement direct costs, which may be increased by up to 5 (five) percent for allowable administrative costs to determine the total estimated boating safety and enforcement costs. These total estimated costs shall be offset by the actual prior year vessel taxes received by the county to determine the net amount of State financial eligibility allocation. (See Exhibit 4 in Section 6593.11 -Example of New Program Calculation)
(3) Each agency applying for financial aid under this section shall submit documentation supporting its calculations as requested by the department. The first-year eligibility allocation for any new agency applying to the program shall be considered that agency's baseline State financial eligibility allocation.
(e) Beginning with fiscal year 2004-05 and continuing with each fiscal year thereafter, a participating agency that demonstrates that its expenditures exceed its baseline State financial eligibility allocations may be eligible for any additional funds appropriated for expansion of existing participating agencies' boating safety and enforcement programs. Any additional funds allocated to a participating agency under this subsection shall be treated as a program increase to the participating agency's baseline State financial eligibility allocation.
(f) Beginning with fiscal year 2004-05 and continuing with each fiscal year thereafter, if funds budgeted for the boating safety and enforcement program are less than the sum of the prior year's individual participating agency allocations, each individual participating agency may have its eligibility allocation reduced in proportion to the overall program shortfall. (See Exhibit 5 in Section 6593.11 -Example of Fund Shortfall Calculation)
Note: Authority cited: Section 663.7 (c), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.8. Allowable and Non-Allowable Costs.
Beginning in fiscal year 2003-04, all program expenditures under this program shall be spent on personnel and operations, maintenance, and equipment that are used by a participating agency's boat patrol when conducting boating safety and enforcement activities, and administrative costs attributable to a participating agency's boating safety and enforcement program. All program expenditures, including those made with vessel taxes received by the county, shall comply with the requirements of this section.
(a) The following are allowable costs under the program:
(1) Personnel costs of boating safety and enforcement officers, including, but not limited to, salaries, wages, overtime and holiday pay, differential pay, on-call pay, workers' compensation premiums, retirement contributions, uniform allowances, insurance, payments made under the Federal Insurance Contributions Act, and any other employee benefit approved by the department.
(2) Operations, maintenance, and equipment costs, including, but not limited to, fuel; vessel, vessel trailer and equipment repair; storage of vessels, vessel trailers and equipment; vehicle mileage for vehicles used to tow vessels; hull insurance for vessels; communications equipment for items to be attached or mounted to a vessel or vehicle; per diem and other costs associated with non-POST (California Commission on Peace Officer Standards and Training) boating safety and enforcement training; per diem costs associated with overnight boating safety and enforcement assignments that occur at least 50 miles from the main headquarters; dive gear; utilities (including gas, electricity, water, land-based telephone service, and propane charges), office rental and leases, and office equipment for a boat patrol office located in a geographically separate location than the main headquarters; prorated share of vehicle and aircraft leases; and miscellaneous boating equipment.
(3) Administrative costs attributable to a participating agency's boating safety and enforcement program provided such administrative costs are not more than five percent of the total allowable direct program costs.
(4) A participating agency shall provide written justification and obtain prior written approval from the department in order to be reimbursed for the following costs:
(A) Purchase of communications equipment or the rental or leasing of office space.
(B) Any non-POST training course that an employee of a participating agency plans to attend.
(C) Prorated share of leased vehicles and aircraft.
(D) Out-of-state travel.
(b) The following are not allowable costs under the program:
(1) Any cost, either in its entirety or a prorated share, not associated with a participating agency's boating safety and enforcement program.
(2) The purchase of any type of vessel, vessel trailer, vehicle, or aircraft with State funds. Note: the department administers a financial assistance program for purchase of vessels outside of the boating safety and enforcement program. A participating agency may use vessel taxes received by the county for the purchase, or a prorated share of the purchase, of any type of vessel, vessel trailer, vehicle, or aircraft provided such equipment is dedicated solely, or on a prorated basis, for boating safety and enforcement activities.
(3) The general costs necessary in employing, outfitting with weapons, and training personnel in accordance with prescribed statutes affecting peace officers, including, but not limited to, drug screening tests, background checks, psychological testing, fingerprinting fees, law enforcement training unrelated to boating safety and enforcement activities, and training in weaponry.
(4) One-time payments for vacation, sick leave, or compensation time off in lieu of overtime due to separation or medical causes.
(5) Any administrative or overhead costs that exceed five percent of the total allowable direct program costs of a participating agency's boating safety and enforcement program.
Note: Authority cited: Section 663.7 (k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.9. Reimbursement Procedures.
Beginning in fiscal year 2003-04, the following procedures shall be used to reimburse a participating agency for allowable expenditures under the Boating Safety and Enforcement Financial Aid Program. A participating agency may only receive State reimbursement under this program when actual allowable expenditures on boating safety and enforcement activities exceed actual prior year vessel taxes received by the county.
(a) The department shall provide financial aid, under Section 663.7 of the Harbors and Navigation Code, in the form of reimbursements to cover the costs incurred by a participating agency for boating safety and enforcement activities that exceed vessel taxes received by the county, up to the participating agency's State financial eligibility allocation amount. Reimbursements shall equal the actual amount of allowable costs incurred by a participating agency over and above the actual prior year vessel taxes received by the county, up to the State financial eligibility allocation amount.
(b) A participating agency shall submit claims to the department for the purpose of reimbursement under this program. Claims may be submitted by a participating agency on a monthly or quarterly basis as specified in the annual contract. A participating agency shall submit claims indicating actual costs incurred during the month or quarter and total year-to-date actual costs. Claims shall be submitted irrespective of whether State financial aid is reimbursed to the participating agency during the month or quarter.
(c) Personnel costs shall be reimbursed based on the actual number of hours spent on boating safety and enforcement activities, including associated sick leave, vacation, and compensatory time off, during the month or quarter by each boating safety and enforcement officer of the participating agency. Actual hours, and associated sick leave, vacation, and compensatory time off, for each boating safety and enforcement officer shall be multiplied by the boating safety and enforcement officer's hourly pay to determine direct salary costs. Direct salary costs are multiplied by the participating agency's customary average fringe benefits percent to determine total personnel costs.
(d) Associated operations, maintenance, and equipment costs shall be reimbursed based on actual costs.
(e) Administrative costs attributable to a participating agency's boating safety and enforcement program may either be directly identified or indirectly allocated to the program.
(1) Administrative personnel costs directly identified to a participating agency's boating safety and enforcement program shall be reimbursed based on the actual number of hours spent on administrative activities related to boating safety and enforcement activities during the month or quarter. Actual hours for each administrative staff shall be multiplied by the staff's hourly pay to determine administrative salary costs. Administrative salary costs are multiplied by the participating agency's customary average fringe benefits percent to determine administrative personnel costs.
(2) Administrative costs that are not readily assignable to a participating agency's boating safety and enforcement program, but are necessary for the operation of the participating agency, shall be identified through the use of an Indirect Cost Rate Proposal (ICRP), a formal allocation method. It is recommended but not required that participating agencies using this indirect method obtain the following federal publication: Office of Management and Budget (OMB) Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments." This publication explains how indirect costs may be handled. This publication is available from the department.
(f) Year-to-date allowable costs shall be offset by annual actual prior year vessel taxes received by the county and year-to-date State financial aid reimbursements to determine the amount of State financial aid on a claim. If actual prior year vessel taxes received by the county have not been expended on boating safety and enforcement activities, a participating agency shall not receive State financial aid during that month or quarter.
(g) The department shall conduct a review of each claim for accuracy, completeness, and applicability to the program. The department may request additional supporting information from a participating agency for justification of expenditures prior to approving a participating agency's claim. Claims that result in reimbursement to a participating agency shall be forwarded to the State Controller's Office for payment once the department has completed the review and approved the claim for payment.
(h) Any expenditure omitted by a participating agency from a claim for State financial aid may be submitted by a participating agency for reimbursement with any succeeding claim within 60 days following the last day of the fiscal year.
(1) The issue date of a purchase order, invoice date, or day in which the hours were worked determines the fiscal year in which expenditures occur for the purposes of submitting claims. Date of payment, date received, shipping date, and date of invoice received are not factors in determining the fiscal year in which expenditure is made.
(2) If the cost of utilities overlaps fiscal years, the total cost may be claimed in either fiscal year.
(i) Claims for reimbursement for State financial aid shall be submitted within 60 days following the last day of the monthly or quarterly reporting period. The department may reduce a participating agency's total State financial aid allocation by five percent if the participating agency exceeds the sixty-day billing period and an additional five percent for every thirty-day period thereafter that the participating agency is late in filing a claim for State financial aid.
Note: Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.10. Audits and Appeals.
(a) The department shall maintain adequate controls to ensure responsibility and accountability for the expenditure of State funds. The department may conduct periodic systematic audits of a participating agency in order to determine whether an agency is in compliance with State law and the claims submitted by a participating agency accurately represent the amount due the agency under the Boating Safety and Enforcement Financial Aid Program.
(b) The department shall notify a participating agency in writing at least one week in advance of all scheduled audits.
(c) A participating agency shall make records available for review to the department or its representatives. A participating agency shall maintain records deemed necessary by the department for a minimum of five years and shall include, at a minimum, supporting documentation for any claims for reimbursement by the participating agency. Such records shall include actual hours spent on the program (including the name and classification of each employee and the specific boating safety and enforcement activity for which the hours relate), documents supporting the actual salaries used to determine personnel costs, documents supporting the participating agency's customary fringe benefits percentage, receipts for associated operations, maintenance, and equipment costs, equipment maintenance and repair reports, current equipment inventory report, documentation supporting actual vessel taxes received by the county, and other applicable documentation as requested by the Department.
(d) The audit shall include an evaluation of the accounting and control systems of the participating agency.
(e) If the department conducts an audit of a participating agency, the department shall issue an audit report to the participating agency. The audit report shall include a description of how the audit was performed and a summary of audit exceptions and management improvement recommendations. If applicable, a correction plan shall be discussed with the participating agency describing the specific actions that are recommended to be taken, or that have been taken, to correct the deficiencies identified by the department. Future State financial aid payments may be withheld from the participating agency until the deficiencies have been corrected.
(f) When an audit indicates that a participating agency has claimed and received payments from the department under this program to which it is not entitled, the participating agency shall pay, in addition to that portion of the claim that was improperly claimed, interest on the amount of overpayment from the date in which the amount was improperly claimed to the next claim. The overpayment, plus interest, may be repaid through a reduction to the next claim for State financial aid. The interest rate shall equal the monthly average rate received on investments in the State Surplus Money Investment Fund.
(g) When it is established that a participating agency fraudulently claimed and received payments under this program, the participating agency shall pay, in addition to that portion of the claim that was improperly claimed, a penalty of 300 percent of the amount improperly claimed. Payments due from a participating agency may be recovered through an offset to the next claim(s) for State financial aid.
(h) A participating agency has the right to appeal the findings of any audit to the director of the department in writing within 90 days after completion of the audit report. The participating agency shall include in the written appeal a description of the items in question and the participating agency's reason for the appeal. The appeal process shall commence with a conference between a representative of the department and the participating agency to review the items in question. If the appeal is not resolved to the participating agency's satisfaction, the participating agency may request that the matter be reviewed through a formal hearing conducted in accordance with Government Code Section 11500 et seq.
Note: Authority cited: Section 663.7 (k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6593.11. Exhibits.
This section contains the Exhibits referenced in Section 6593.7.
Exhibit 1 - FY Subsequent Baseline
Baseline State 1996-97 to State
Financial
Eligibility
Allocations
State Subseque- FY 1996-97 Financial
Financial nt but
Eligibility Program Prior to FY Eligibili-
ty
County Allocati- Reductions 2003-04 Allocation
on
1. Amador County $95,781 $95,781
2. Butte County $148,069 148,069
3. Calaveras 159,868 159,868
County
4. Colusa County 96,091 96,091
5. Contra Costa 379,713 379,713
County
6. Del Norte 130,775 130,775
County
7. El Dorado 309,479 309,479
County
8. Fresno County 356,210 356,210
9. Glenn County 108,111 108,111
10. Humboldt 110,313 110,313
County
11. Imperial 223,536 223,536
County
12. Kings County 67,428 67,428
13. Lake County 271,380 271,380
14. Lassen 91,912 91,912
County
15. Los Angeles 1,500,000 1,500,000
County
16. Mariposa 213,873 213,873
County
17. Mono County 101,444 101,444
18. Napa County 246,087 246,087
19. Nevada 83,243 83,243
County
20. Placer 52,916 52,916
County
21. Plumas 118,687 118,687
County
22. Sacramento 370,000 370,000
County
23. San 190,000 190,000
Bernardino
County
24. San Joaquin 376,279 376,279
County
25. Shasta 523,567 523,567
County
26. Sierra 57,088 57,088
County
27. Siskiou 71,489 71,489
County
28. Solano 232,444 232,444
County
29. Sonoma 263,226 263,226
County
30. Sutter 167,584 167,584
County
31. Tehama 120,000 120,000
County
32. Trinity 106,714 106,714
County
33. Tulare 174,132 174,132
County
34. Tuolumne 215,880 215,880
County
35. Yolo County 225,776 225,776
36. Yuba County 140,905 140,905
Total $7,324,5- $0 $775,497 $8,100,000
03
Exhibit 2 - Example of Agency A Agency B
Program Reduction
Baseline State Financial $100,000 $100,000
Eligibility Allocation
(SFEA) - FY 2004-05
Calendar Year 2003 90,000 95,000
Expenditures
Calendar Year 2004 95,000 90,000
Expenditures
FY 2005-06 SFEA 95,000 95,000
Exhibit 3 - Example of Rest of
Reallocation of Unspent
Funds
Agency C Agencies Total
Baseline State Financial $100,000 $8,000,- $8,100,-
Eligibility Allocation 000 000
(SFEA) - FY 2004-05
Calendar Year 2004 Deficit -10,000 -390,000 -400,000
Percent of Statewide Deficit 2.5% 97.5% 100%
Unallocated Funds 100,000 100,000
Reallocation of Funds 2,50097-
,500
_____ 100,000
FY 2005-06 SFEA $102,500 $7,997,- $8,100,-
500 000
Calendar Year 2005 Deficit -10,000 -90,000 -100,000
Percent of Statewide Deficit 10.0% 90.0% 100%
Unallocated Funds 10,000 10,000
Reallocation of Funds 1,0009,-
000
_____ 10,000
FY 2006-07 SFEA $101,000 $7,999,- $8,100,-
000 000
Exhibit 4 - Example of New Total Estimated
Program Calculation Boating Safety and
Enforcement Costs
Provided by Agency 1. Estimated Work 1,300
Hours
Provided by Agency 2. Hourly Pay $25.00
Provided by Agency 3. Fringe Benefits 33%
Percent
---------
Product of Lines 1-3 4. Total Personnel $43,225
Costs
Determined by DBW 5. Associated 30%
Operations,
Maintenance &
Equipment Ratio
---------
Line 4 times Line 5 6. Associated $12,968
Operations,
Maintenance &
Equipment Costs
---------
Line 4 plus Line 6 7. Estimated Boating $56,193
Safety and
Enforcement Direct
Costs
Line 7 times 5% 8. Maximum Allowable $2,810
Administrative
Costs
Line 7 plus Line 8 9. Total Estimated $59,003
Boating Safety and
Enforcement Costs
---------
Provided by Agency Less Vessel Taxes (9,003)
Received by the
county
---------
FY 2003-04 Baseline State $50,000
Financial Eligibility
Allocation
Exhibit 5 - Baseline
Example of Fund State
Shortfall
Calculation
Financial State FY 2004-05
Financial
Eligibility Eligibility State Fin-
ancial
Allocation Percent of Allocation Eligibili-
ty
Participating (SFEA) Baseline Reduction Allocation
Agency SFEA
1. Amador County $95,781 1.2% $7,200 $88,581
2. Butte County 148,069 1.8% 10,800 137,269
3. Calaveras 159,868 2.0% 12,000 147,868
County
4. Colusa County 96,091 1.2% 7,200 88,891
5. Contra Costa 379,713 4.7% 28,200 351,513
County
6. Del Norte 130,775 1.6% 9,600 121,175
County
7. El Dorado 261,766 3.2% 19,200 242,566
County
8. Fresno County 356,210 4.4% 26,400 329,810
9. Glenn County 108,111 1.3% 7,800 100,311
10. Humboldt 110,313 1.4% 8,400 101,913
County
11. Imperial 223,536 2.8% 16,800 206,736
County
12. Kings County 67,428 0.8% 4,800 62,628
13. Lake County 271,380 3.4% 20,400 250,980
14. Lassen County 91,912 1.1% 6,600 85,312
15. Los Angeles 1,500,000 18.5% 111,000 1,389,000
County
16. Mariposa 213,873 2.6% 15,600 198,273
County
17. Mono County 101,444 1.3% 7,800 93,644
18. Napa County 246,087 3.0% 18,000 228,087
19. Nevada County 83,243 1.0% 6,000 77,243
20. Placer County 52,916 0.7% 4,200 48,716
21. Plumas County 118,687 1.5% 9,000 109,687
22. Sacramento 370,000 4.6% 27,600 342,400
County
23. San Bernardino 190,000 2.3% 13,800 176,200
County
24. San Joaquin 376,279 4.6% 27,600 348,679
County
25. Shasta County 523,567 6.5% 39,000 484,567
26. Sierra County 57,088 0.7% 4,200 52,888
27. Siskiou County 71,489 0.9% 5,400 66,089
28. Solano County 193,103 2.4% 14,400 178,703
29. Sonoma County 263,226 3.2% 19,200 244,026
30. So. Lake Tahoe 47,713 0.6% 3,600 44,113
City
31. Suisun City 39,341 0.5% 3,000 36,341
32. Sutter County 167,584 2.1% 12,600 154,984
33. Tehama County 120,000 1.5% 9,000 111,000
34. Trinity County 106,714 1.3% 7,800 98,914
35. Tulare County 174,132 2.1% 12,600 161,532
36. Tuolumne 215,880 2.7% 16,200 199,680
County
37. Yolo County 225,776 2.8% 16,800 208,976
38. Yuba County 140,905 1.7% 10,200 130,705
Total $8,100,000 100.0% $600,000 $7,500,0-
00
Amount in Fund for $7,500,000
FY 2004-05
FY 2004-05 $600,000
Shortfall
Note: Authority cited: Section 663.7(k), Harbors and Navigation Code. Reference: Sections 650 and 663.7, Harbors and Navigation Code.
s 6595. Prohibition of Watercraft Powered by Certain Spark-Ignition Two-Stroke Engines.
Commencing October 4, 2001, the operation of all two-stroke-engine-powered watercraft on Lake Tahoe, Cascade Lake, Fallen Leaf Lake and Echo Lake, is prohibited, except watercraft powered by a two-stroke-powered engine whose engine is certified and labeled as meeting either of the following pollution air emissions standards:
(a) the 2006 or later model year United States Environmental Protection emissions standards, as specified in Title 40, Code of Federal Regulations, Part 91, or
(b) the 2001 or later California Air Resources Board emissions standard, as specified in Title 13, California Code of Regulations, Chapter 9, Sections 2440 et seq.
Note: Authority cited: Section 660(b), Harbors and Navigation Code. Reference: Section 660(b), Harbors and Navigation Code.
s 6600. Purpose.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6600.1. Incorporation by Reference.
(a) The following rules of the road and pilot rules promulgated by the United States Coast Guard are incorporated by reference. Copies may be obtained from sources indicated. They are also available for inspection at the Department of Boating and Waterways, and Archives, Secretary of State, 1020 "O" Street, Sacramento, California 95814.
(1) SUBCHAPTER D -International Navigation Rules, Title 33, Code of Federal Regulations, Part 81-72 COLREGS: IMPLEMENTING RULES and Appendix A - Proclamation of January 19, 1977, and 72 COLREGS.
(2) SUBCHAPTER E -Inland Navigation Rules, Title 33 Code of Federal Regulations, Part 84, Part 85, Part 86, Part 87, Part 88, and Part 89.
(3) Public Law 96-591, December 24, 1980, known as the INLAND NAVIGATION RULES ACT OF 1980, Section 33, United States Code 2001.
(4) Subsequent modifications, amendments, and/or changes, to federal regulations pertaining to rules of the road and pilot rules shall be effective in this section upon adoption. Note:These regulations and statutes are published by the U.S. Coast Guard in NAVIGATION RULES INTERNATIONAL -INLAND (COMMANDANT INSTRUCTION M16672.2. (Series.)) The public may purchase copies of this pamphlet from the Government Printing Office Bookstore, ARCO Plaza Level C, 505 South Flower, Los Angeles, CA 90071. Telephone (213) 239-9844 for cost and availability of this pamphlet.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6601. Invalidity of Provision or of Application to Particular Person or Circumstance.
If any provision of this article, or its application to any person or circumstances, is held invalid the remainder of this article, and the application of its provisions to any other person or circumstance, is not affected.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6602. Definitions.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6604. Maneuvering and Warning Signals.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6605. Sound Signal -One Short Blast.
s 6606. Sound Signal -Two Short Blasts.
s 6607. Sound Signal -Three Short Blasts.
s 6608. Cross Signals -Forbidden.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Section 655.3, Harbors and Navigation Code.
s 6609. Sound Signals in Restricted Visibility.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6610. Sound Signal -Reduced Visibility -Power Driven Vessel Underway.
s 6611. Sound Signal -Reduced Visibility -Power Driven Vessel Towing.
s 6612. Sound Signal -Reduced Visibility -Vessel Towed.
s 6613. Sound Signal -Reduced Visibility -Sail Vessel Underway.
s 6614. Application.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code .
s 6615. Safe Speed.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6616. Reduced Visibility -Fog Signal Forward of Beam.
s 6617. Sound Signals -Reduced Visibility -Vessel at Anchor.
s 6618. Risk of Collision.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6618.1. Action to Avoid Collision.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6619. Responsibilities Between Vessels.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6619.1. Vessel Traffic Services.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6619.2. Conduct of Vessels in Sight of One Another.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6620. Sailing Vessels.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6621. Steering and Sailing Rules -Meeting of Power Driven Vessels and Sailing Vessels.
s 6622. Steering and Sailing Rules -Danger Signal.
s 6623. Steering and Sailing Rules -Signals Only When in Sight.
s 6624. Narrow Channels.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6625. Action by Give-Way Vessel.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6626. Steering and Sailing Rules -Vessels Passing Each Other.
s 6627. Head-On Situation.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6628. Overtaking.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6629. Crossing Situation.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code .
s 6629.1. Action by Stand-On Vessel.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6630. Steering and Sailing Rules -Vessels Nearing Bend or Curve in Channel; Moving from Docks.
s 6630.1. Conduct of Vessels in Restricted Visibility.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6631. Responsibility.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code .
s 6632. Steering and Sailing Rules -Passing Floating Plant Working in Navigable Channels -Passing Signals.
s 6633. Copy of Rules.
Note: Authority cited: Section 655.3, Harbors and Navigation Code. Reference: Sections 650 and 655.3, Harbors and Navigation Code.
s 6634. Day Signals and Day Marks -Vessels over 65 Feet in Length Moored or at Anchor.
s 6635. Day Signals and Day Marks -Signals to Be Displayed by a Towing Vessel When Towing a Submerged or Partly Submerged Object upon a Hawser When No Signals Can Be Displayed upon the Object Which Is Towed.
s 6636. Day Signals and Day Marks -Power Driven Vessels, Derrick Boats, Lighters, or Other Types of Vessels Made Fast Alongside a Wreck, or Moored over a Wreck Which Is on the Bottom or Partly Submerged, or Which May Be Drifting.
s 6637. Day Signals and Day Marks -Dredges Held in Stationary Position by Moorings or Spuds.
s 6638. Day Signals and Day Marks -Self-Propelling Suction Dredges Underway and Engaged in Dredging Operations.
s 6639. Day Signals and Day Marks -Vessels Moored or Anchored and Engaged in Laying Cables or Pipe, Submarine Construction, Excavation, Matsinking, Bank Grading, Dike Construction, Revetment, or Other Bank Protection Operations.
s 6640. Day Signals and Day Marks -Day Marks for Fishing Vessels with Gear Out.
s 6641. Passing U.S. Coast Guard Vessel Handling or Servicing Aid to Navigation.
s 6642. Passing Floating Plant -Speed of Vessels Passing Floating Plant Working in Channels.
s 6643. Passing Floating Plant -Light-Draft Vessels Passing Floating Plant.
s 6644. Passing Floating Plant -Aids to Navigation Marking Floating-Plant Moorings.
s 6645. Passing Floating Plant -Obstruction of Channel by Floating Plant.
s 6646. Passing Floating Plant -Clearing of Channels.
s 6647. Passing Floating Plant -Protection of Marks Placed for the Guidance of Floating Plant.
s 6648. Lights and Shapes -Application.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6648.1. Running Lights -Vessels -When Operating on "Inland Waters."
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6648.2. Running Lights -Vessels -When Operating on "Inland Waters" - Visibility of Lights.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6648.3. Positioning and Technical Details of Lights and Shapes.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6648.4. Additional Signals for Fishing Vessels Fishing in Close Proximity.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6649. Running Lights -Vessels -When Operating on "Inland Waters" -Power-Driven Vessels Underway.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6649.1. Running Lights -Vessels -When Operating on "Inland Waters" -Towing and Pushing.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6649.2. Running Lights -Vessels -When Operating on "Inland Waters" - Sailing Vessels Underway and Vessels Under Oars.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6649.3. Running Lights -Vessels -When Operating on "Inland Waters" - Fishing Vessels.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6649.4. Running Lights -Vessels -When Operating on "Inland Waters" - Vessels Not Under Command or Restricted in Their Ability to Maneuver.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6649.5. Running Lights -Vessels -When Operating on "Inland Waters."
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6649.6. Running Lights -Vessels -When Operating on "Inland Waters" - Anchored Vessels and Vessels Aground.
Note: Authority cited: Section 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6649.7. Running Lights -Seaplanes -When Operating on "Inland Waters."
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6649.8. Lights on Barges at Bank or Dock.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650, 652 and 655.3, Harbors and Navigation Code.
s 6650. Running Lights -Vessels -While Operating on the "High Seas."
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
s 6650.1. Positioning and Technical Details of Lights Required for Use on Vessels Operating on the "High Seas."
Note: Authority cited: Sections 82, 652 and 655.3, Harbors and Navigation Code. Reference: Sections 650 and 652, Harbors and Navigation Code.
s 6651. Towing Astern -Running Lights -Power Driven Vessels Less Than 26 Feet in Length.
s 6652. Towing Astern -Running Lights -Power Driven Vessels 26 Feet or Over in Length.
s 6653. Towing Alongside -Running Lights -Power Driven Vessels Less Than 26 Feet in Length.
s 6654. Towing Alongside -Running Lights -Power Driven Vessels 26 Feet or Over in Length.
s 6655. Pushing Ahead -Running Lights -Power Driven Vessels Less Than 26 Feet in Length.
s 6656. Pushing Ahead -Running Lights -Power Driven Vessels 26 Feet and Over in Length.
s 6657. Lights to Be Displayed by a Towing Vessel When Towing a Submerged or Partly Submerged Object upon a Hawser When No Signals Can Be Displayed upon the Object Which Is Towed -Power Driven Vessels.
s 6658. Sailing Vessel -Running Lights -Starboard Side.
s 6659. Sailing Vessel -Running Lights -Port Side.
s 6660. Sailing Vessel -Running Lights -Side Light Screen.
s 6661. Sailing Vessel -Running Lights -Stern.
s 6662. Small Vessel -Running Lights -Less Than 10 Gross Tons.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
s 6663. Sailing Vessel -Running Lights -Motorboat Propelled by Sail Alone.
s 6664. Vessels Towed -Lights.
s 6665. Trawling, Dredging or Fishing -Lights.
s 6666. Rowing Boats -Running Lights.
s 6667. Ferryboats -Running Lights.
s 6668. Lights for Barges, Canal Boats, Scows, and Other Nondescript Vessels.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
s 6669. Barges, Canal Boats, Scows, and Other Nondescript Vessels Temporarily Operating on Waters Requiring Different Lights.
s 6670. Visibility Requirement of Lights on Floating Plants.
s 6671. Power Driven Vessels, Derrick Boats, Lighters, or Other Types of Vessels Made Fast Alongside a Wreck, or Moored over a Wreck Which Is on the Bottom or Partly Submerged, or Which May Be Drifting -Lights.
s 6672. Dredges Held in Stationary Position by Moorings or Spuds -Lights.
s 6673. Self-Propelling Suction Dredges Underway and Engaged in Dredging Operations -Lights.
s 6674. Vessels Moored or Anchored and Engaged in Laying Cable or Pipe, Submarine Construction, Excavation, Matsinking, Bank Grading, Dike Construction, Revetment, or Other Bank Protection Operations -Lights.
s 6675. Lights on Dredge Pipelines.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
s 6675.1. Pipelines Disengaged from Dredges -Lights.
Note: Authority cited: Section 652, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
s 6676. Floating Plant -Lights.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
s 6677. Rafts and Other Craft -Lights.
s 6678. Vessels Other Than Raft or Rowboat -Lights.
s 6679. Raft -Lights.
s 6680. Lights of Vessel at Anchor.
Note: Authority cited: Section 38, Harbors and Navigation Code. Reference: Section 652, Harbors and Navigation Code.
s 6681. Anchor Lights -Vessel Under 150 Feet in Length.
s 6682. Vessel Not More Than 65 Feet in Length -Special Anchorage Area - Lights.
s 6683. Lights for an Overtaken Vessel.
s 6684. Special Signals to Attract Attention.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
s 6685. White Lights for Power Driven Vessels Carried on Centerline.
s 6686. Towing of Barges -Tows of Seagoing Barges Within Waters of California.
s 6687. Towing of Barges -Hawser Length -General.
s 6688. Towing of Barges -Hawser Length -Exceptions.
s 6689. Towing of Barges -Bunching of Tows.
s 6690. Look-Out.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
s 6691. Distress Signals -Recognized.
Note: Authority cited: Sections 652 and 655.3, Harbors and Navigation Code. Reference: Sections 652 and 655.3, Harbors and Navigation Code.
s 6692. Visual Distress Signals -Required.
(a) Applicability. Except for Section 6692.1 of Title 14 of the California Code of Regulations, these rules apply to boats on coastal waters of California as defined in (b) (2) of this section.
(b) Definitions.
(1) "Visual distress signal" means a device that is approved by the Commandant of the United States Coast Guard under Title 46, Code of Federal Regulations, Part 160, or certified by the manufacturer under Title 46, Code of Federal Regulations, Parts 160 and 161.
(2) "Coastal Waters" means the high seas of the State of California as defined in Section 6552(f) of Title 14 of the California Code of Regulations.
(3) "Passenger" means every person carried on board a vessel other than:(A) The owner or his representative; (continued)