1625-0019 Stat/Authority

§ 88.15

33 CFR Ch. I (7–1–01 Edition)
CALUMET SAG CHANNEL

PART 89—INLAND NAVIGATION
RULES: IMPLEMENTING RULES

(61) Mile 316.5
LITTLE CALUMET RIVER

Subpart A—Certificate of Alternative
Compliance

(71) Mile 321.2
(73) Mile 322.3

Sec.
89.1 Definitions.
89.3 General.
89.5 Application for a Certificate of Alternative Compliance.
89.9 Certificate of Alternative Compliance:
Contents.
89.17 Certificate of Alternative Compliance:
Termination.
89.18 Record of certification of vessels of
special construction or purpose.

CALUMET RIVER
(81)
(83)
(85)
(87)
(89)
(91)

Mile
Mile
Mile
Mile
Mile
Mile

328.5 to 328.7
329.2 to 329.4
330 west bank to 330.2
331.4 to 331.6
332.2 to 332.4
332.6 to 332.8
CUMBERLAND RIVER

Subpart B—Waters Upon Which Certain
Inland Navigation Rules Apply

(101) Mile 126.8
(103) Mile 191
[CGD 80–158, 47 FR 16175, Apr. 15, 1982, as
amended by CGD 94–011, 63 FR 5732, Feb. 4,
1998]

§ 88.15

Lights on dredge pipelines.

Dredge pipelines that are floating or
supported on trestles shall display the
following lights at night and in periods
of restricted visibility.
(a) One row of yellow lights. The
lights must be:
(1) Flashing 50 to 70 times per
minute,
(2) Visible all around the horizon,
(3) Visible for at least 2 miles on a
clear dark night,
(4) Not less than 1 and not more than
3.5 meters above the water,
(5) Approximately equally spaced,
and
(6) Not more than 10 meters apart
where the pipeline crosses a navigable
channel. Where the pipeline does not
cross a navigable channel the lights
must be sufficient in number to clearly
show the pipeline’s length and course.
(b) Two red lights at each end of the
pipeline, including the ends in a channel where the pipeline is separated to
allow vessels to pass (whether open or
closed). The lights must be:
(1) Visible all around the horizon, and
(2) Visible for at least 2 miles on a
clear dark night, and
(3) One meter apart in a vertical line
with the lower light at the same height
above the water as the flashing yellow
light.

89.21 Purpose.
89.23 Definitions.
89.25 Waters upon which Inland Rules
9(a)(ii), 14(d), and 15(b) apply.
89.27 Waters upon which Inland Rule 24(i)
applies.
AUTHORITY:
1.46(n)(14).

33

U.S.C.

2071;

49

CFR

SOURCE: CGD 80–157, 47 FR 13801, Apr. 1,
1982, unless otherwise noted.

Subpart A—Certificate of
Alternative Compliance
§ 89.1 Definitions.
As used in this subpart:
Inland Rules refers to the Inland
Navigation Rules contained in the Inland Navigational Rules Act of 1980
(Pub. L. 96–591) and the technical annexes established under that act.
A vessel of special construction or purpose means a vessel designed or modified to perform a special function and
whose arrangement is thereby made
relatively inflexible.
Interference with the special function of
the vessel occurs when installation or
use of lights, shapes, or sound-signaling appliances under the Inland
Rules prevents or significantly hinders
the operation in which the vessel is
usually engaged.
[CGD 80–157, 47 FR 13801, Apr. 1, 1982, as
amended by CGD 83–028, 49 FR 33876, Aug. 27,
1984]

§ 89.3 General.
Vessels of special construction or
purpose which cannot fully comply

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Coast Guard, DOT

§ 89.9

with the light, shape, and sound signal
provisions of the Inland Rules without
interfering with their special function
may instead meet alternative requirements. The Chief of the Marine Safety
Division in each Coast Guard District
Office makes this determination and
requires that alternative compliance
be as close as possible with the Inland
Rules. These regulations set out the
procedure by which a vessel may be
certified for alternative compliance.
The information collection and recordkeeping requirements in §§ 89.5 and
89.18 have been approved by the Office
of Management and Budget under OMB
control number 2115–0074.
§ 89.5 Application for a Certificate of
Alternative Compliance.
(a) The owner, builder, operator, or
agent of a vessel of special construction or purpose who believes the vessel
cannot fully comply with the Inland
Rules light, shape, or sound signal provisions without interference with its
special function may apply for a determination that alternative compliance
is justified. The application must be in
writing, submitted to the Chief of the
Marine Safety Division of the Coast
Guard District in which the vessel is
being built or operated, and include the
following information:
(1) The name, address, and telephone
number of the applicant.
(2) The identification of the vessel by
its:
(i) Official number;
(ii) Shipyard hull number;
(iii) Hull identification number; or
(iv) State number, if the vessel does
not have an official number or hull
identification number.
(3) Vessel name and home port, if
known.
(4) A description of the vessel’s area
of operation.
(5) A description of the provision for
which the Certificate of Alternative
Compliance is sought, including:
(i) The Inland Rules Rule or Annex
section number for which the Certificate of Alternative Compliance is
sought;
(ii) A description of the special function of the vessel that would be interfered with by full compliance with the

provision of that Rule or Annex section; and
(iii) A statement of how full compliance would interfere with the special
function of the vessel.
(6) A description of the alternative
installation that is in closest possible
compliance with the applicable Inland
Navigation Rules Rule or Annex section.
(7) A copy of the vessel’s plans or an
accurate scale drawing that clearly
shows:
(i) The required installation of the
equipment under the Inland Rules,
(ii) The proposed installation of the
equipment for which certification is
being sought, and
(iii) Any obstructions that may
interfere with the equipment when installed in:
(A) The required location; and
(B) The proposed location.
(b) The Coast Guard may request
from the applicant additional information concerning the application.
[CGD 80–157, 47 FR 13801, Apr. 1, 1982; 47 FR
18332, Apr. 29, 1982]

§ 89.9 Certificate of Alternative Compliance: Contents.
The Chief of the Marine Safety Division issues the Certificate of Alternative Compliance to the vessel based
on a determination that it cannot comply fully with Inland Rules light,
shape, and sound signal provisions
without interference with its special
function. This Certificate includes:
(a) Identification of the vessel as supplied
in
the
application
under
§ 89.5(a)(2);
(b) The provision of the Inland Rules
for which the Certificate authorizes alternative compliance;
(c) A certification that the vessel is
unable to comply fully with the Inland
Rules light, shape, and sound signal requirements without interference with
its special function;
(d) A statement of why full compliance would interfere with the special
function of the vessel;
(e) The required alternative installation;
(f) A statement that the required alternative installation is in the closest
possible compliance with the Inland

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§ 89.17

33 CFR Ch. I (7–1–01 Edition)

Rules without interfering with the special function of the vessel;
(g) The date of issuance;
(h) A statement that the Certificate
of Alternative Compliance terminates
when the vessel ceases to be usually
engaged in the operation for which the
certificate is issued.

§ 89.23 Definitions.
As used in this subpart:
Inland Rules refers to the Inland
Navigation Rules contained in the Inland Navigational Rules Act of 1980
(Pub. L. 96–591, 33 U.S.C. 2001 et. seq.)
and the technical annexes established
under that Act.

§ 89.17 Certificate of Alternative Compliance: Termination.

[CGD 83–028, 49 FR 33876, Aug. 27, 1984]

The Certificate of Alternative Compliance terminates if the information
supplied under § 89.5(a) or the Certificate issued under § 89.9 is no longer applicable to the vessel.
§ 89.18 Record of certification of vessels of special construction or purpose.
(a) Copies of Certificates of Alternative Compliance and documentation
concerning Coast Guard vessels are
available for inspection at the offices
of Assistant Commandant for Marine
Safety and Environmental Protection,
U.S. Coast Guard Headquarters, 2100
Second Street SW., Washington, DC
20593–0001.
(b) The owner or operator of a vessel
issued a Certificate shall ensure that
the vessel does not operate unless the
Certificate of Alternative Compliance
or a certified copy of that Certificate is
on board the vessel and available for
inspection by Coast Guard personnel.
[CGD 80–187, 47 FR 13801, Apr. 1, 1982, as
amended by CGD 88–052, 53 FR 25120, July 1,
1988; CGD 96–026, 61 FR 33663, June 28, 1996;
CGD 97–023, 62 FR 33363, June 19, 1997]

Subpart B—Waters Upon Which
Certain Inland Navigation
Rules Apply
§ 89.21

Purpose.

Inland Navigation Rules 9(a)(ii),
14(d), and 15(b) apply to the Great
Lakes, and along with 24(i), apply on
the ‘‘Western Rivers’’ as defined in
Rule 3(1), and to additional specifically
designated waters. The purpose of this
Subpart is to specify those additional
waters upon which Inland Navigation
Rules 9(a)(ii), 14(d), 15(b), and 24(i)
apply.
[CGD 85–081, 51 FR 4592, Feb. 6, 1986]

§ 89.25 Waters upon which Inland
Rules 9(a)(ii), 14(d), and 15(b) apply.
Inland Rules 9(a)(ii), 14(d), and 15(b)
apply on the Great Lakes, the Western
Rivers, and the following specified waters:
(a) Tennessee-Tombigbee Waterway.
(b) Tombigbee River.
(c) Black Warrior River.
(d) Alabama River.
(e) Coosa River.
(f) Mobile River above the Cochrane
Bridge at St. Louis Point.
(g) Flint River.
(h) Chattachoochee River.
(i) The Apalachicola River above its
confluence with the Jackson River.
[CGD 91–050, 58 FR 27625, May 10, 1993]

§ 89.27 Waters upon which Inland Rule
24(i) applies.
(a) Inland Rule 24(i) applies on the
Western Rivers and the specified waters listed in § 89.25 (a) through (i).
(b) Inland Rule 24(i) applies on the
Gulf Intracoastal Waterway from St.
Marks, Florida, to the Rio Grande,
Texas, including the Morgan City-Port
Allen Alternate Route and the Galveston-Freeport Cutoff, except that a
power-driven vessel pushing ahead or
towing alongside shall exhibit the
lights required by Inland Rule 24(c),
while transiting within the following
areas:
(1) St. Andrews Bay from the Hathaway Fixed Bridge at Mile 284.6 East of
Harvey Locks (EHL) to the DuPont
Fixed Bridge at Mile 295.4 EHL.
(2) Pensacola Bay, Santa Rosa Sound
and Big Lagoon from the Light ‘‘10’’ off
of Trout Point at Mile 176.9 EHL to the
Pensacola Fixed Bridge at Mile 189.1
EHL.
(3) Mobile Bay and Bon Secour Bay
from the Dauphin Island Causeway
Fixed Bridge at Mile 127.7 EHL to Little Point Clear at Mile 140 EHL.

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Coast Guard, DOT

§ 90.7

(4) Mississippi Sound from Grand Island Waterway Light ‘‘1’’ at Mile 53.8
EHL to Light ‘‘40’’ off the West Point
of Dauphin Island at Mile 118.7 EHL.
(5) The Mississippi River at New Orleans, Mississippi River-Gulf Outlet
Canal and the Inner Harbor Navigation
Canal from the junction of the Harvey
Canal and the Algiers Alternate Route
at Mile 6.5 West of Harvey Locks
(WHL) to the Michoud Canal at Mile 18
EHL.
(6) The Calcasieu River from the
Calcasieu Lock at Mile 238.6 WHL to
the Ellender Lift Bridge at Mile 243.6
WHL.
(7) The Sabine Neches Canal from
mile 262.5 WHL to mile 291.5 WHL.
(8) Bolivar Roads from the Bolivar
Assembling Basin at Mile 346 WHL to
the Galveston Causeway Bridge at Mile
357.3 WHL.
(9) Freeport Harbor from Surfside
Beach Fixed Bridge at Mile 393.8 WHL
to the Bryan Beach Pontoon Bridge at
Mile 397.6 WHL.
(10) Matagorda Ship Channel area of
Matagorda Bay from Range ‘‘K’’ Front
Light at Mile 468.7 WHL to the Port
O’Connor Jetty at Mile 472.2 WHL.
(11) Corpus Christi Bay from Redfish
Bay Day Beacon ‘‘55’’ at Mile 537.4
WHL when in the Gulf Intracoastal Waterway main route or from the north
end of Lydia Ann Island Mile 531.1A
when in the Gulf Intracoastal Waterway Alternate Route to Corpus Christi
Bay LT 76 at Mile 543.7 WHL.
(12) Port Isabel and Brownsville Ship
Channel south of the Padre Island
Causeway Fixed Bridge at Mile 665.1
WHL.

90.5
90.7

Lights for moored vessels.
Sidelights for unmanned barges.

AUTHORITY:
1.46(n)(14).

33

U.S.C.

2071;

49

CFR

SOURCE: CGD 83–011, 48 FR 51622, Nov. 10,
1983, unless otherwise noted.

§ 90.1

Purpose.

This part contains the interpretative
rules for the Inland Rules. These interpretative rules are intended as a guide
to assist the public and promote compliance with the Inland Rules.
§ 90.3 Pushing vessel and vessel being
pushed: Composite unit.
Rule 24(b) of the Inland Rules states
that when a pushing vessel and a vessel
being pushed ahead are rigidly connected in a composite unit, they are regarded as a power-driven vessel and
must exhibit the lights prescribed in
Rule 23. A ‘‘composite unit’’ is interpreted to be the combination of a pushing vessel and a vessel being push
ahead that are rigidly connected by
mechanical means so they react to sea
and swell as one vessel. Mechanical
means does not include lines, wires,
hawsers, or chains.
§ 90.5

Lights for moored vessels.

A vessel at anchor includes a vessel
made fast to one or more mooring
buoys or other similar device attached
to the ocean floor. Such vessels may be
lighted as a vessel at anchor in accordance with Rule 30, or may be lighted on
the corners in accordance with 33 CFR
88.13.
[CGD 94–011, 63 FR 5732, Feb. 4, 1998]

[CGD 91–050, 58 FR 27625, May 10, 1993]

§ 90.7

PART 90—INLAND RULES:
INTERPRETATIVE RULES
Sec.
90.1 Purpose.
90.3 Pushing vessel and vessel being pushed:
Composite unit.

Sidelights for unmanned barges.

An unmanned barge being towed may
use the exception of COLREGS Rule
24(h). However, this exception only applies to the vertical sector requirements for sidelights.
[CGD 94–011, 63 FR 5732, Feb. 4, 1998]

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