1625-0019 Stat/Authority

USCODE-2006-title33-chap34-subchapI-partA-sec2001.pdf

Alternative Compliance for International and Inland Navigation Rules -- 33 CFR Parts 81 through 89

1625-0019 Stat/Authority

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Page 553

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Sec.

2010.

Traffic separation schemes (Rule 10).

SUBPART II—CONDUCT OF VESSELS IN SIGHT OF ONE
ANOTHER

2011.
2012.
2013.
2014.
2015.
2016.
2017.
2018.

Application (Rule 11).
Sailing vessels (Rule 12).
Overtaking (Rule 13).
Head-on situation (Rule 14).
Crossing situation (Rule 15).
Action by give-way vessel (Rule 16).
Action by stand-on vessel (Rule 17).
Responsibilities between vessels (Rule 18).

SUBPART III—CONDUCT OF VESSELS IN RESTRICTED
VISIBILITY

2019.

Conduct of vessels in restricted visibility
(Rule 19).

2020.
2021.
2022.
2023.
2024.
2025.

Application (Rule 20).
Definitions (Rule 21).
Visibility of lights (Rule 22).
Power-driven vessels underway (Rule 23).
Towing and pushing (Rule 24).
Sailing vessels underway and vessels under
oars (Rule 25).
Fishing vessels (Rule 26).
Vessels not under command or restricted in
their ability to maneuver (Rule 27).
[Reserved] (Rule 28).
Pilot vessels (Rule 29).
Anchored vessels and vessels aground (Rule
30).
Seaplanes (Rule 31).

PART C—LIGHTS AND SHAPES

2026.
2027.
2028.
2029.
2030.
2031.

PART D—SOUND AND LIGHT SIGNALS
2032.
2033.
2034.
2035.
2036.
2037.

Definitions (Rule 32).
Equipment for sound signals (Rule 33).
Maneuvering and warning signals (Rule 34).
Sound signals in restricted visibility (Rule
35).
Signals to attract attention (Rule 36).
Distress signals (Rule 37).
PART E—EXEMPTIONS

2038.
Exemptions (Rule 38).
SUBCHAPTER II—MISCELLANEOUS PROVISIONS
2071.
2072.
2073.

Inland navigation rules.
Violations of Inland Navigational Rules.
Navigation Safety Advisory Council.

SUBCHAPTER I—RULES
PART A—GENERAL
§ 2001. Application (Rule 1)
(a) United States inland waters and Canadian
waters of the Great Lakes
These Rules apply to all vessels upon the inland waters of the United States, and to vessels
of the United States on the Canadian waters of
the Great Lakes to the extent that there is no
conflict with Canadian law.
(b) International Regulations
(i) These Rules constitute special rules made
by an appropriate authority within the meaning
of Rule 1(b) of the International Regulations.
(ii) All vessels complying with the construction and equipment requirements of the International Regulations are considered to be in
compliance with these Rules.
(c) Special rules
Nothing in these Rules shall interfere with the
operation of any special rules made by the Sec-

§ 2001

retary of the Navy with respect to additional
station or signal lights and shapes or whistle
signals for ships of war and vessels proceeding
under convoy, or by the Secretary with respect
to additional station or signal lights and shapes
for fishing vessels engaged in fishing as a fleet.
These additional station or signal lights and
shapes or whistle signals shall, so far as possible, be such that they cannot be mistaken for
any light, shape, or signal authorized elsewhere
under these Rules. Notice of such special rules
shall be published in the Federal Register and,
after the effective date specified in such notice,
they shall have effect as if they were a part of
these Rules.
(d) Vessel traffic service regulations
Traffic separation schemes may be established
for the purpose of these Rules. Vessel traffic
service regulations may be in effect in certain
areas.
(e) Alternative compliance
Whenever the Secretary determines that a
vessel or class of vessels of special construction
or purpose cannot comply fully with the provisions of any of these Rules with respect to the
number, position, range, or arc of visibility of
lights or shapes, as well as to the disposition
and characteristics of sound-signaling appliances, the vessel shall comply with such other
provisions in regard to the number, position,
range, or arc of visibility of lights or shapes, as
well as to the disposition and characteristics of
sound-signaling appliances, as the Secretary
shall have determined to be the closest possible
compliance with these Rules. The Secretary
may issue a certificate of alternative compliance for a vessel or class of vessels specifying
the closest possible compliance with these
Rules. The Secretary of the Navy shall make
these determinations and issue certificates of alternative compliance for vessels of the Navy.
(f) Acceptance of certificates of alternative compliance from contracting parties to International Regulations
The Secretary may accept a certificate of alternative compliance issued by a contracting
party to the International Regulations if he determines that the alternative compliance standards of the contracting party are substantially
the same as those of the United States.
(Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3415;
Pub. L. 102–241, § 21(1), Dec. 19, 1991, 105 Stat.
2217; Pub. L. 102–587, title V, § 5206[(1)], Nov. 4,
1992, 106 Stat. 5074.)
REPEAL OF SECTION
Pub. L. 108–293, title III, § 303(a), (c), Aug. 9,
2004, 118 Stat. 1042, provided that this section is
repealed effective on the effective date of final
regulations prescribed by the Secretary of the
Department in which the Coast Guard is operating under section 2071 of this title.
REFERENCES IN TEXT
These Rules, referred to in pars. (a), (b), (c), and (e),
are the Inland Navigational Rules which are classified
to this subchapter.
The International Regulations, referred to in pars. (b)
and (f), are the International Regulations for Prevent-

§ 2002

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

ing Collisions at Sea, 1972. See International Regulations for Preventing Collisions at Sea, 1972, set out as
a note under section 1602 of this title.
CODIFICATION
Section was enacted as part of section 2 of Pub. L.
96–591 which enacted the Inland Navigational Rules
which comprise this subchapter.
AMENDMENTS
1992—Par. (d). Pub. L. 102–587 amended par. (d) generally. Prior to amendment, par. (d) read as follows:
‘‘Vessel traffic service regulations may be in effect in
certain areas.’’
1991—Par. (e). Pub. L. 102–241 struck out ‘‘without
interfering with the special function of the vessel,’’ before ‘‘the vessel shall comply’’.
EFFECTIVE DATE OF REPEAL
Pub. L. 108–293, title III, § 303(c), Aug. 9, 2004, 118 Stat.
1042, provided that: ‘‘Subsection (a) [repealing this subchapter] is effective on the effective date of final regulations prescribed by the Secretary of the Department
in which the Coast Guard is operating under section 3
of the Inland Navigation Rules Act of 1980 (33 U.S.C.
2001) [33 U.S.C. 2071], as amended by this Act.’’
EFFECTIVE DATE
Section 7 of Pub. L. 96–591 provided that: ‘‘Sections 2,
4, 6(1), and 8(a) [enacting this section and sections 2002
to 2038 and 2072 of this title, amending section 1604 of
this title, and repealing sections 154 to 159, 171 to 183,
191, 192, 201 to 213, 221, 222, 231, 232, 301 to 303, 311 to 323,
331, 341–356, 360, and 360a of this title and sections 526b,
526c, and 526d of former Title 46, Shipping] are effective
12 months after the date of enactment of this Act [Dec.
24, 1980], except that on the Great Lakes, the effective
date of sections 2 and 4 [enacting this section and sections 2002 to 2038 and 2072 of this title] will be established by the Secretary. [The effective date on the
Great Lakes was established as Mar. 1, 1983. See 47 F.R.
15135, Apr. 8, 1982.] Section 5 [enacting section 2073 of
this title] is effective on October 1, 1981.’’
SHORT TITLE
Section 1 of Pub. L. 96–591 provided: ‘‘That this Act
[enacting this chapter, amending sections 151, 1604,
1605, and 1608 of this title, repealing sections 154 to 159,
171 to 183, 191, 192, 201 to 213, 221, 222, 231, 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 enacting
provisions set out as notes under this section] may be
cited as the ‘Inland Navigational Rules Act of 1980’.’’
REPEAL OF PREDECESSOR PROVISIONS; SAVINGS
PROVISIONS
Section 8(a) of Pub. L. 96–591 provided in part that:
‘‘The laws specified in the following schedules are repealed. Any prior rights or liabilities existing under
these laws are not affected by their repeal.’’ [The
schedules repealed sections 154 to 159, 171 to 183, 191,
192, 201 to 213, 221, 222, 231, 232, 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.]
Section 8(b) of Pub. L. 96–591 provided in part that:
‘‘The following laws [sections 241 to 244, 251 to 262, 271,
272, and 281 to 295 of this title] are repealed when the
Secretary establishes an effective date under section 7
[set out as a note above].’’

§ 2002. Responsibility (Rule 2)
(a) Exoneration
Nothing in these Rules shall exonerate any
vessel, or the owner, master, or crew thereof,
from the consequences of any neglect to comply
with these Rules or of the neglect of any pre-

Page 554

caution which may be required by the ordinary
practice of seamen, or by the special circumstances of the case.
(b) Departure from rules when necessary to
avoid immediate danger
In construing and complying with these Rules
due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels
involved, which may make a departure from
these Rules necessary to avoid immediate danger.
(Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat. 3416.)
REPEAL OF SECTION
Pub. L. 108–293, title III, § 303(a), (c), Aug. 9,
2004, 118 Stat. 1042, provided that this section is
repealed effective on the effective date of final
regulations prescribed by the Secretary of the
Department in which the Coast Guard is operating under section 2071 of this title.
REFERENCES IN TEXT
These Rules, referred to in text, are the Inland Navigational Rules which are classified to this subchapter.
CODIFICATION
Section was enacted as part of section 2 of Pub. L.
96–591 which enacted the Inland Navigational Rules
which comprise this subchapter.

§ 2003. Definitions (Rule 3)
For the purpose of these Rules and this chapter, except where the context otherwise requires:
(a) The word ‘‘vessel’’ includes every description of water craft, including nondisplacement
craft and seaplanes, used or capable of being
used as a means of transportation on water;
(b) The term ‘‘power-driven vessel’’ means any
vessel propelled by machinery;
(c) The term ‘‘sailing vessel’’ means any vessel
under sail provided that propelling machinery, if
fitted, is not being used;
(d) The term ‘‘vessel engaged in fishing’’
means any vessel fishing with nets, lines, trawls,
or other fishing apparatus which restricts maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus
which do not restrict maneuverability;
(e) The word ‘‘seaplane’’ includes any aircraft
designed to maneuver on the water;
(f) The term ‘‘vessel not under command’’
means a vessel which through some exceptional
circumstance is unable to maneuver as required
by these Rules and is therefore unable to keep
out of the way of another vessel;
(g) The term ‘‘vessel restricted in her ability
to maneuver’’ means a vessel which from the nature of her work is restricted in her ability to
maneuver as required by these Rules and is
therefore unable to keep out of the way of another vessel; vessels restricted in their ability to
maneuver include, but are not limited to:
(i) a vessel engaged in laying, servicing, or
picking up a navigation mark, submarine
cable, or pipeline;
(ii) a vessel engaged in dredging, surveying,
or underwater operations;
(iii) a vessel engaged in replenishment or
transferring persons, provisions, or cargo
while underway;


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