1625-0082 Stat/Auth

Coast Guard, DHS

§ 164.01

his license or merchant mariner credential.
[CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as
amended by CGFR 66–59, 31 FR 13647, Oct. 22,
1966. Redesignated by CGD 81–017, 46 FR
28154, May 26, 1981; USCG–2006–24371, 74 FR
11213, Mar. 16, 2009]

§ 163.03

Definitions.

The following definition applies to
this part:
Merchant mariner credential or MMC
means the credential issued by the
Coast Guard under 46 CFR part 10. It
combines the individual merchant
mariner’s document, license, and certificate of registry enumerated in 46
U.S.C. subtitle II part E as well as the
STCW endorsement into a single credential that serves as the mariner’s
qualification document, certificate of
identification, and certificate of service.
[USCG–2006–24371, 74 FR 11213, Mar. 16, 2009]

§ 163.05 Tows of seagoing barges within inland waters.
(a) The tows of seagoing barges when
navigating the inland waters of the
United States shall be limited in
length to five vessels, including the
towing vessel or vessels.
[CGFR 60–61, 25 FR 9045, Sept. 21, 1960. Redesignated by CGD 81–017, 46 FR 28154, May 26,
1981]

§ 163.20

Bunching of tows.

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(a) In all cases where tows can be
bunched, it should be done.
(b) Tows navigating in the North and
East Rivers of New York must be
bunched above a line drawn between
Robbins Reef Light and Owls Head,
Brooklyn, but the quarantine anchorage and the north entrance to Ambrose
Channel shall be avoided in the process
of bunching tows.
(c) Tows must be bunched above the
mouth of the Schuylkill River, Pa.
[CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as
amended by CGFR 64–21, 29 FR 5733, Apr. 30,
1964. Redesignated by CGD 81–017, 46 FR
28154, May 26, 1981]

PART 164—NAVIGATION SAFETY
REGULATIONS
Sec.
164.01 Applicability.
164.02 Applicability exception for foreign
vessels.
164.03 Incorporation by reference.
164.11 Navigation under way: General.
164.13 Navigation underway: tankers.
164.15 Navigation bridge visibility.
164.19 Requirements for vessels at anchor.
164.25 Tests before entering or getting underway.
164.30 Charts, publications, and equipment:
General.
164.33 Charts and publications.
164.35 Equipment: All vessels.
164.37 Equipment: Vessels of 10,000 gross
tons or more.
164.38 Automatic
radar
plotting
aids
(ARPA).
164.39 Steering gear: Foreign tankers.
164.40 Devices to indicate speed and distance.
164.41 Electronic position fixing devices.
164.42 Rate of turn indicator.
164.43 Automatic
Identification
System
Shipborne Equipment—Prince William
Sound.
164.46 Automatic
Identification
System
(AIS).
164.51 Deviations from rules: Emergency.
164.53 Deviations from rules and reporting:
Non-operating equipment.
164.55 Deviations from rules: Continuing operation or period of time.
164.61 Marine casualty reporting and record
retention.
164.70 Definitions.
164.72 Navigational-safety
equipment,
charts or maps, and publications required on towing vessels.
164.74 Towline and terminal gear for towing
astern.
164.76 Towline and terminal gear for towing
alongside and pushing ahead.
164.78 Navigation under way: Towing vessels.
164.80 Tests, inspections, and voyage planning.
164.82 Maintenance, failure, and reporting.
AUTHORITY: 33 U.S.C. 1222(5), 1223, 1231; 46
U.S.C. 2103, 3703; Department of Homeland
Security Delegation No. 0170.1 (75). Sec.
164.13 also issued under 46 U.S.C. 8502. Sec.
164.61 also issued under 46 U.S.C. 6101.

§ 164.01 Applicability.
(a) This part (except as specifically
limited by this section) applies to each
self-propelled vessel of 1600 or more
gross tons (except as provided in paragraphs (c) and (d) of this section, or for

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§ 164.02

33 CFR Ch. I (7–1–10 Edition)

foreign vessels described in § 164.02)
when it is operating in the navigable
waters of the United States except the
St. Lawrence Seaway.
(b) Sections 164.70 through 164.82 of
this part apply to each towing vessel of
12 meters (39.4 feet) or more in length
operating in the navigable waters of
the United States other than the St.
Lawrence Seaway; except that a towing vessel is exempt from the requirements of § 164.72 if it is—
(1) Used solely within a limited geographic area, such as a fleeting-area for
barges or a commercial facility, and
used solely for restricted service, such
as making up or breaking up larger
tows;
(2) Used solely for assistance towing
as defined by 46 CFR 10.103;
(3) Used solely for pollution response;
or
(4) Any other vessel exempted by the
Captain of the Port (COTP). The COTP,
upon written request, may, in writing,
exempt a vessel from § 164.72 for a specified route if he or she decides that exempting it would not allow its unsafe
navigation under anticipated conditions.
(c) Provisions of §§ 164.11(a)(2) and (c),
164.30, 164.33, and 164.46 do not apply to
warships or other vessels owned,
leased, or operated by the United
States Government and used only in
government noncommercial service
when these vessels are equipped with
electronic navigation systems that
have met the applicable agency regulations regarding navigation safety.
(d) Provisions of § 164.46 apply to
some self-propelled vessels of less than
1600 gross tonnage.
[CGD 83–004, 49 FR 43466, Oct. 29, 1984, as
amended by CGD 94–020, 61 FR 35072, July 3,
1996; USCG–2000–8300, 66 FR 21864, May 2, 2001;
USCG–2003–14757, 68 FR 39367, July 1, 2003]

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§ 164.02 Applicability
foreign vessels.

exception

for

(a) Except as provided in § 164.46(a)(2)
of this part, including §§ 164.38 and
164.39, this part does not apply to vessels that:
(1) Are not destined for, or departing
from, a port or place subject to the jurisdiction of the United States; and
(2) Are in:

(i) Innocent passage through the territorial sea of the United States; or
(ii) Transit through navigable waters
of the United States which form a part
of an international strait.
[CGD 77–063, 44 FR 66530, Nov. 19, 1979, as
amended by CGD 79–148, 45 FR 54039, Aug. 14,
1980; USCG–2003–14757, 68 FR 39367, July 1,
2003; 68 FR 60569, Oct. 22, 2003]

§ 164.03

Incorporation by reference.

(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in paragraph
(b) of this section, the Coast Guard
must publish notice of change in the
FEDERAL REGISTER and the material
must be available to the public. All approved material is available for inspection at the Navigation Systems Division (CG–5413), Coast Guard Headquarters, 2100 2nd St. SW., Stop 7355,
Washington, DC 20593–7355 and at the
National Archives and Records Administration (NARA). For information on
the availability of this material at
NARA, call 202–741–6030, or go to: http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html. All approved material is available from the sources indicated in paragraph (b) of this section.
(b) The materials approved for incorporation by reference in this part and
the sections affected are as follows:
American Petroleum Institute (API),
1220 L Street NW., Washington,
DC 20005
API Specification 9A, Specification for Wire Rope, Section 3,
Properties and Tests for Wire
and Wire Rope, May 28, 1984 .....
American Society for Testing and Materials (ASTM), 100 Barr Harbor
Drive, West Conshohocken, PA
19428-2959
ASTM D4268–93, Standard Test
Method for Testing Fiber Ropes
Cordage
Institute,
350
Lincoln
Street, Hingham, MA 02043
CIA–3, Standard Test Methods for
Fiber Rope Including Standard
Terminations, Revised, June
1980 ...........................................

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164.74

164.74

164.74

Coast Guard, DHS

§ 164.11

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International Electrotechnical Commission (IEC), 3, rue de Varemb,
Geneva, Switzerland.
IEC 61993–2, Maritime navigation
and radiocommunication equipment and systems—Automatic
identification systems (AIS)—
part 2: Class A shipborne equipment of the universal automatic identification system
(AIS)—Operational and performance requirements, methods of test and required test results First edition, 2001–12 ........
International Maritime Organization
(IMO), 4 Albert Embankment,
London SE1 7SR, U.K.
IMO Resolution A342(IX), Recommendation on Performance
Standards for Automatic Pilots, adopted November 12, 1975
Resolution MSC.74(69), Annex 3,
Recommendation on Performance Standards for a Universal
Shipborne Automatic Identification System (AIS), adopted
May 12, 1998 ..............................
SN/Circ.227, Guidelines for the Installation of a Shipborne Automatic Identification System
(AIS), dated January 6, 2003 .....
SOLAS, International Convention for Safety of Life at Sea,
1974, and 1988 Protocol relating
thereto, 2000 Amendments, effective January and July 2002,
(SOLAS 2000 Amendments) ......
Conference resolution 1, Adoption of amendments to the
Annex to the International
Convention for the Safety of
Life at Sea, 1974, and amendments to Chapter V of SOLAS
1974, adopted December 12, 2002
International
Telecommunication
Union Radiocommuni- cation Bureau (ITU-R), Place de Nations
CH–1211 Geneva 20 Switzerland
(1)
ITU-R
Recommendation
M.821, Optional Expansion of
the Digital Selective-Calling
System for Use in the Maritime
Mobile Service, 1992 ..................
(2)
ITU-R
Recommendation
M.825, Characteristics of a
Transponder System Using Digital Selective-Calling Techniques for Use with Vessel
Traffic Services and Ship-toShip Identification, 1992 ...........

164.46

164.13

164.46

164.46

164.46

164.46

ITU-R Recommendation M.1371–1,
Technical characteristics for a
universal shipborne automatic
identification
system
using
time division multiple access
in the VHF maritime mobile
band, 1998–2001 ..........................
Radio Technical Commission for Maritime
Services,
655
Fifteenth
Street, NW., Suite 300, Washington, DC 20005
(1) RTCM Paper 12–78/DO–100,
Minimum Performance Standards, Loran C Receiving Equipment, 1977 .................................
(2) RTCM Paper 194–93/SC104–
STD,
RTCM
Recommended
Standards
for
Differential
NAVSTAR
GPS
Service,
Version 2.1, 1994 ........................
(3) RTCM Paper 71–95/SC112–STD,
RTCM Recommended Standards for Marine Radar Equipment Installed on Ships of Less
Than 300 Tons Gross Tonnage,
Version 1.1, October 10, 1995 ......
(4) RTCM Paper 191–93/SC112–X,
RTCM Recommended Standards for Maritime Radar Equipment Installed on Ships of 300
Tons Gross Tonnage and Upwards, Version 1.2, December
20, 1993 ......................................

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164.41

164.43

164.72

164.72

[CGD 91–203, 58 FR 27632, May 10, 1993, as
amended by CGD 83–043, 60 FR 24771, May 10,
1995; CGD 93–022, 60 FR 51734, Oct. 3, 1995;
CGD 96–026, 61 FR 33669, June 28, 1996; CGD
94–020, 61 FR 35072, July 3, 1996; USCG–1999–
5151, 64 FR 67176, Dec. 1, 1999; USCG–2002–
12471, 67 FR 41333, June 18, 2002; USCG–2003–
14757, 68 FR 39367, July 1, 2003; 68 FR 60569,
Oct. 22, 2003; 69 FR 18803, Apr. 9, 2004; USCG–
2004–18057, 69 FR 34926, June 23, 2004; USCG–
2008–0179, 73 FR 35016, June 19, 2008; USCG–
2010–0351, 75 FR 36287, June 25, 2010]

§ 164.11 Navigation under way: General.

164.43

164.43

The owner, master, or person in
charge of each vessel underway shall
ensure that:
(a) The wheelhouse is constantly
manned by persons who:
(1) Direct and control the movement
of the vessel; and
(2) Fix the vessel’s position;
(b) Each person performing a duty described in paragraph (a) of this section
is competent to perform that duty;
(c) The position of the vessel at each
fix is plotted on a chart of the area and
the person directing the movement of

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§ 164.11

33 CFR Ch. I (7–1–10 Edition)

the vessel is informed of the vessel’s
position;
(d) Electronic and other navigational
equipment, external fixed aids to navigation, geographic reference points,
and hydrographic contours are used
when fixing the vessel’s position;
(e) Buoys alone are not used to fix
the vessel’s position;
NOTE: Buoys are aids to navigation placed
in approximate positions to alert the mariner to hazards to navigation or to indicate
the orientation of a channel. Buoys may not
maintain an exact position because strong or
varying currents, heavy seas, ice, and collisions with vessels can move or sink them or
set them adrift. Although buoys may corroborate a position fixed by other means,
buoys cannot be used to fix a position: however, if no other aids are available, buoys
alone may be used to establish an estimated
position.

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(f) The danger of each closing visual
or each closing radar contact is evaluated and the person directing the
movement of the vessel knows the
evaluation;
(g) Rudder orders are executed as
given;
(h) Engine speed and direction orders
are executed as given;
(i) Magnetic variation and deviation
and gyrocompass errors are known and
correctly applied by the person directing the movement of the vessel;
(j) A person whom he has determined
is competent to steer the vessel is in
the wheelhouse at all times; 1
(k) If a pilot other than a member of
the vessel’s crew is employed, the pilot
is informed of the draft, maneuvering
characteristics, and peculiarities of the
vessel and of any abnormal circumstances on the vessel that may affect its safe navigation.
(l) Current velocity and direction for
the area to be transited are known by
the person directing the movement of
the vessel;
(m) Predicted set and drift are known
by the person directing movement of
the vessel;
(n) Tidal state for the area to be
transited is known by the person directing movement of the vessel;
1 See also 46 U.S.C. 8702(d), which requires
an able seaman at the wheel on U.S. vessels
of 100 gross tons or more in narrow or crowded waters during low visibility.

(o) The vessel’s anchors are ready for
letting go;
(p) The person directing the movement of the vessel sets the vessel’s
speed with consideration for:
(1) The prevailing visibility and
weather conditions;
(2) The proximity of the vessel to
fixed shore and marine structures;
(3) The tendency of the vessel underway to squat and suffer impairment of
maneuverability when there is small
underkeel clearance;
(4) The comparative proportions of
the vessel and the channel;
(5) The density of marine traffic;
(6) The damage that might be caused
by the vessel’s wake;
(7) The strength and direction of the
current; and
(8) Any local vessel speed limit;
(q) The tests required by § 164.25 are
made and recorded in the vessel’s log;
and
(r) The equipment required by this
part is maintained in operable condition.
(s) Upon entering U.S. waters, the
steering wheel or lever on the navigating bridge is operated to determine
if the steering equipment is operating
properly under manual control, unless
the vessel has been steered under manual control from the navigating bridge
within the preceding 2 hours, except
when operating on the Great Lakes and
their connecting and tributary waters.
(t) At least two of the steering-gear
power units on the vessel are in operation when such units are capable of simultaneous operation, except when the
vessel is sailing on the Great Lakes
and their connecting and tributary waters, and except as required by paragraph (u) of this section.
(u) On each passenger vessel meeting
the requirements of the International
Convention for the Safety of Life at
Sea, 1960 (SOLAS 60) and on each cargo
vessel meeting the requirements of
SOLAS 74 as amended in 1981, the number of steering-gear power units necessary to move the rudder from 35° on
either side to 30° on the other in not

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Coast Guard, DHS

§ 164.15

more than 28 seconds must be in simultaneous operation.

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

§ 164.13 Navigation underway: tankers.
(a) As used in this section, ‘‘tanker’’
means a self-propelled tank vessel, including integrated tug barge combinations, constructed or adapted primarily
to carry oil or hazardous material in
bulk in the cargo spaces and inspected
and certificated as a tanker.
(b) Each tanker must have an engineering watch capable of monitoring
the propulsion system, communicating
with the bridge, and implementing
manual control measures immediately
when necessary. The watch must be
physically present in the machinery
spaces or in the main control space and
must consist of at least an engineer
with an appropriately endorsed license
or merchant mariner credential.
(c) Each tanker must navigate with
at least two deck officers with an appropriately endorsed license or merchant mariner credential on watch on
the bridge, one of whom may be a pilot.
In waters where a pilot is required, the
second officer, must be an individual
holding an appropriately endorsed license or merchant mariner credential
and assigned to the vessel as master,
mate, or officer in charge of a navigational watch, who is separate and distinct from the pilot.
(d) Except as specified in paragraph
(e) of this section, a tanker may operate with an auto pilot engaged only if
all of the following conditions exist:
(1) The operation and performance of
the automatic pilot conforms with the
standards recommended by the International Maritime Organization in IMO
Resolution A.342(IX).
(2) A qualified helmsman is present
at the helm and prepared at all times
to assume manual control.
(3) The tanker is not operating in any
of the following areas:
(i) The areas of the traffic separation
schemes specified in subchapter P of
this chapter.
(ii) The portions of a shipping safety
fairway specified in part 166 of this
chapter.

(iii) An anchorage ground specified in
part 110 of this chapter.
(iv) An area within one-half nautical
mile of any U.S. shore.
(e) A tanker equipped with an integrated navigation system, and complying with paragraph (d)(2) of this section, may use the system with the auto
pilot engaged while in the areas described in paragraphs (d)(3) (i) and (ii)
of this section. The master shall provide, upon request, documentation
showing that the integrated navigation
system—
(1) Can maintain a predetermined
trackline with a cross track error of
less than 10 meters 95 percent of the
time;
(2) Provides continuous position data
accurate to within 20 meters 95 percent
of the time; and
(3) Has an immediate override control.
[CGD 91–203, 58 FR 27633, May 10, 1993, as
amended by CGD 91–203, 58 FR 36141, July 6,
1993; USCG–2006–24371, 74 FR 11213, Mar. 16,
2009]

§ 164.15

Navigation bridge visibility.

(a) The arrangement of cargo, cargo
gear, and trim of all vessels entering or
departing from U.S. ports must be such
that the field of vision from the navigation bridge conforms as closely as
possible to the following requirements:
(1) From the conning position, the
view of the sea surface must not be obscured by more than the lesser of two
ship lengths or 500 meters (1640 feet)
from dead ahead to 10 degrees on either
side of the vessel. Within this arc of
visibility any blind sector caused by
cargo, cargo gear, or other permanent
obstruction must not exceed 5 degrees.
(2) From the conning position, the
horizontal field of vision must extend
over an arc from at least 22.5 degrees
abaft the beam on one side of the vessel, through dead ahead, to at least 22.5
degrees abaft the beam on the other
side of the vessel. Blind sectors forward
of the beam caused by cargo, cargo
gear, or other permanent obstruction
must not exceed 10 degrees each, nor
total more than 20 degrees, including
any blind sector within the arc of visibility described in paragraph (a)(1) of
this section.

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§ 164.19

33 CFR Ch. I (7–1–10 Edition)

(3) From each bridge wing, the field
of vision must extend over an arc from
at least 45 degrees on the opposite bow,
through dead ahead, to at least dead
astern.
(4) From the main steering position,
the field of vision must extend over an
arc from dead ahead to at least 60 degrees on either side of the vessel.
(b) A clear view must be provided
through at least two front windows at
all times regardless of weather conditions.
[CGD 85–099, 55 FR 32247, Aug. 8, 1990, as
amended by USCG–2006–25150, 71 FR 39211,
July 12, 2006]

§ 164.19 Requirements for vessels at
anchor.
The master or person in charge of
each vessel that is anchored shall ensure that:
(a) A proper anchor watch is maintained;
(b) Procedures are followed to detect
a dragging anchor; and
(c) Whenever weather, tide, or current conditions are likely to cause the
vessel’s anchor to drag, action is taken
to ensure the safety of the vessel,
structures, and other vessels, such as
being ready to veer chain, let go a second anchor, or get underway using the
vessel’s own propulsion or tug assistance.

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

§ 164.25 Tests before entering or getting underway.
(a) Except as provided in paragraphs
(b) and (c) of this section no person
may cause a vessel to enter into or get
underway on the navigable waters of
the United States unless no more than
12 hours before entering or getting underway, the following equipment has
been tested:
(1) Primary and secondary steering
gear. The test procedure includes a visual inspection of the steering gear and
its connecting linkage, and, where applicable, the operation of the following:
(i) Each remote steering gear control
system.
(ii) Each steering position located on
the navigating bridge.
(iii) The main steering gear from the
alternative power supply, if installed.

(iv) Each rudder angle indicator in
relation to the actual position of the
rudder.
(v) Each remote steering gear control
system power failure alarm.
(vi) Each remote steering gear power
unit failure alarm.
(vii) The full movement of the rudder
to the required capabilities of the
steering gear.
(2) All internal vessel control communications and vessel control alarms.
(3) Standby or emergency generator,
for as long as necessary to show proper
functioning, including steady state
temperature and pressure readings.
(4) Storage batteries for emergency
lighting and power systems in vessel
control and propulsion machinery
spaces.
(5) Main propulsion machinery, ahead
and astern.
(b) Vessels navigating on the Great
Lakes and their connecting and tributary waters, having once completed the
test requirements of this subpart, are
considered to remain in compliance
until arriving at the next port of call
on the Great Lakes.
(c) Vessels entering the Great Lakes
from the St. Lawrence Seaway are considered to be in compliance with this
sub-part if the required tests are conducted preparatory to or during the
passage of the St. Lawrence Seaway or
within one hour of passing Wolfe Island.
(d) No vessel may enter, or be operated on the navigable waters of the
United States unless the emergency
steering drill described below has been
conducted within 48 hours prior to
entry and logged in the vessel logbook,
unless the drill is conducted and logged
on a regular basis at least once every
three months. This drill must include
at a minimum the following:
(1) Operation of the main steering
gear from within the steering gear
compartment.
(2) Operation of the means of communications between the navigating
bridge and the steering compartment.

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Coast Guard, DHS

§ 164.35

(3) Operation of the alternative power
supply for the steering gear if the vessel is so equipped.
(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR
1.46(n)(4))
[CGD 77–183, 45 FR 18925, Mar. 24, 1980, as
amended by CGD 83–004, 49 FR 43466, Oct. 29,
1984]

§ 164.30 Charts,
publications,
and
equipment: General.
No person may operate or cause the
operation of a vessel unless the vessel
has the marine charts, publications,
and equipment as required by §§ 164.33
through 164.41 of this part.

erowe on DSK5CLS3C1PROD with CFR

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

§ 164.33 Charts and publications.
(a) Each vessel must have the following:
(1) Marine charts of the area to be
transited, published by the National
Ocean Service, U.S. Army Corps of Engineers, or a river authority that—
(i) Are of a large enough scale and
have enough detail to make safe navigation of the area possible; and
(ii) Are currently corrected.
(2) For the area to be transited, a
currently corrected copy of, or applicable currently corrected extract from,
each of the following publications:
(i) U.S. Coast Pilot.
(ii) Coast Guard Light List.
(3) For the area to be transited, the
current edition of, or applicable current extract from:
(i) Tide tables published by private
entities using data provided by the National Ocean Service.
(ii) Tidal current tables published by
private entities using data provided by
the National Ocean Service, or river
current publication issued by the U.S.
Army Corps of Engineers, or a river authority.
(b) As an alternative to the requirements for paragraph (a) of this section,
a marine chart or publication, or applicable extract, published by a foreign
government may be substituted for a
U.S. chart and publication required by
this section. The chart must be of large
enough scale and have enough detail to
make safe navigation of the area possible, and must be currently corrected.
The publication, or applicable extract,

must singly or in combination contain
similar information to the U.S. Government publication to make safe navigation of the area possible. The publication, or applicable extract must be
currently corrected, with the exceptions of tide and tidal current tables,
which must be the current editions.
(c) As used in this section, ‘‘currently
corrected’’
means
corrected
with
changes contained in all Notices to
Mariners published by the National Imagery and Mapping Agency, or an
equivalent foreign government publication, reasonably available to the vessel, and that is applicable to the vessel’s transit.
[CGD 82–055, 48 FR 44535, Sept. 29, 1983, as
amended by USCG–2001–9286, 66 FR 33641,
June 25, 2001]

§ 164.35 Equipment: All vessels.
Each vessel must have the following:
(a) A marine radar system for surface
navigation.
(b) An illuminated magnetic steering
compass, mounted in a binnacle, that
can be read at the vessel’s main steering stand.
(c) A current magnetic compass deviation table or graph or compass comparison record for the steering compass, in the wheelhouse.
(d) A gyrocompass.
(e) An illuminated repeater for the
gyrocompass required by paragraph (d)
of this section that is at the main
steering stand, unless that gyrocompass is illuminated and is at the
main steering stand.
(f) An illuminated rudder angle indicator in the wheelhouse.
(g) The following maneuvering information prominently displayed on a fact
sheet in the wheelhouse:
(1) A turning circle diagram to port
and starboard that shows the time and
distance and advance and transfer required to alter course 90 degrees with
maximum rudder angle and constant
power settings, for either full and half
speeds, or for full and slow speeds. For
vessels whose turning circles are essentially the same for both directions, a
diagram showing a turning circle in
one direction, with a note on the diagram stating that turns to port and
starboard are essentially the same,
may be substituted.

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§ 164.37

33 CFR Ch. I (7–1–10 Edition)

(2) The time and distance to stop the
vessel from either full and half speeds,
or from full and slow speeds, while
maintaining approximately the initial
heading with minimum application of
the rudder.
(3) For each vessel with a fixed propeller, a table of shaft revolutions per
minute for a representative range of
speeds.
(4) For each vessel with a controllable pitch propeller, a table of control
settings for a representative range of
speeds.
(5) For each vessel that is fitted with
an auxiliary device to assist in maneuvering, such as a bow thruster, a table
of vessel speeds at which the auxiliary
device is effective in maneuvering the
vessel.
(6) The maneuvering information for
the normal load and normal ballast
condition for:
(i) Calm weather—wind 10 knots or
less, calm sea;
(ii) No current;
(iii) Deep water conditions—water
depth twice the vessel’s draft or greater; and
(iv) Clean hull.
(7) At the bottom of the fact sheet,
the following statement:

displayed on the navigating bridge and
in the steering gear compartment.
(l) An indicator readable from the
centerline conning position showing
the rate of revolution of each propeller,
except when operating on the Great
Lakes and their connecting and tributary waters.
(m) If fitted with controllable pitch
propellers, an indicator readable from
the centerline conning position showing the pitch and operational mode of
such propellers, except when operating
on the Great Lakes and their connecting and tributary waters.
(n) If fitted with lateral thrust propellers, an indicator readable from the
centerline conning position showing
the direction and amount of thrust of
such propellers, except when operating
on the Great Lakes and their connecting and tributary waters.
(o) A telephone or other means of
communication for relaying headings
to the emergency steering station.
Also, each vessel of 500 gross tons and
over and constructed on or after June
9, 1995 must be provided with arrangements for supplying visual compassreadings to the emergency steering station.

WARNING

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

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The response of the (name of the vessel)
may be different from that listed above if
any of the following conditions, upon which
the maneuvering information is based, are
varied:
(1) Calm weather—wind 10 knots or less,
calm sea;
(2) No current;
(3) Water depth twice the vessel’s draft or
greater;
(4) Clean hull; and
(5) Intermediate drafts or unusual trim.

(h) An echo depth sounding device.
(i) A device that can continuously
record the depth readings of the vessel’s echo depth sounding device, except when operating on the Great
Lakes and their connecting and tributary waters.
(j) Equipment on the bridge for plotting relative motion.
(k) Simple operating instructions
with a block diagram, showing the
change-over procedures for remote
steering gear control systems and
steering gear power units, permanently

[CGD 74–77, 42 FR 5956, Jan. 31, 1977, as
amended by CGD 77–183, 45 FR 18925, Mar. 24,
1980; CGD 83–004, 49 FR 43466, Oct. 29, 1984;
CGD 83–043, 60 FR 24771, May 10, 1995; 60 FR
28834, June 2, 1995]

§ 164.37 Equipment: Vessels of 10,000
gross tons or more.
(a) Each vessel of 10,000 gross tons or
more must have, in addition to the
radar system under § 164.35(a), a second
marine radar system that operates
independently of the first.
NOTE: Independent operation means two
completely separate systems, from separate
branch power supply circuits or distribution
panels to antennas, so that failure of any
component of one system will not render the
other system inoperative.

(b) On each tanker of 10,000 gross tons
or more that is subject to 46 U.S.C.
3708, the dual radar system required by
this part must have a short range capability and a long range capability; and

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Coast Guard, DHS

§ 164.38

each radar must have true north features consisting of a display that is
stabilized in azimuth.
(Titles I and II, 86 Stat. 426, 427 (33 U.S.C.
1224; 46 U.S.C. 391(a); 49 CFR 1.46(n)(4))

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

§ 164.38 Automatic radar plotting aids
(ARPA).
(a) The following definitions are used
in this section—
Bulk means material in any quantity
that is shipped, stored, or handled
without benefit of package, label, mark
or count and carried in integral or
fixed independent tanks.
Constructed means a stage of construction where—
(1) The keel is laid;
(2) Construction identifiable with a
specific ship begins; or
(3) Assembly of that ship has commenced comprising at least 50 tons or 1
percent of the estimated mass of all
structural material, whichever is less.
Hazardous material means—
(1) A flammable liquid as defined in
46 CFR 30.10–22 or a combustible liquid
as defined in 46 CFR 30.10–15;
(2) A material listed in table 151.05 of
46 CFR 151.05, table 1 of 46 CFR 153, or
table 4 of 46 CFR Part 154; or
(3) A liquid, liquefied gas, or compressed gas listed in 49 CFR 172.101.
Self-propelled vessel includes those
combinations of pushing vessel and
vessel being pushed ahead which are
rigidly connected in a composite unit
and are required by Rule 24(b) of the
International Regulations for Preventing Collisions at Sea, 1972 (72
COLREGS) (App. A to 33 CFR Part 81)
to exhibit the lights prescribed in Rule
23 for a ‘‘Power Driven Vessel Underway’’.
Tank vessel means a vessel that is
constructed or adapted to carry; or carries, oil or hazardous materials in bulk
as cargo or cargo residue.
(b) An Automatic Radar Plotting Aid
(ARPA) that complies with the standard for such devices adopted by the
International Maritime Organization
in its ‘‘Operational Standards for Automatic Radar Plotting Aids’’ (Appendix
A), and that has both audible and vis-

ual alarms, must be installed as follows:
(1) Each self-propelled vessel, except
a public vessel, of 10,000 gross tons or
more carrying oil or hazardous materials in bulk as cargo or in residue on
the navigable waters of the United
States, or which transfers oil or hazardous materials in any port or place
subject to the jurisdiction of the
United States, must be equipped with
an ARPA.
(2) Each tank vessel of 10,000 gross
tons or more operating on the navigable waters of the United States must
be equipped with an ARPA.
(3) Each self-propelled vessel of 15,000
gross tons or more that is not a tank
vessel, and is not carrying oil or hazardous material in bulk as cargo or in
residue operating on the navigable waters of the United States, and was constructed before September 1, 1984, must
be equipped with an ARPA, except
when it is operating on the Great
Lakes and their connecting and tributary waters.
(4) Each vessel of 10,000 gross tons or
more, except when operating on the
Great Lakes and their connecting and
tributary waters, constructed on or
after September 1, 1984 must be
equipped with an ARPA.
(c) [Reserved]
(d)(1) Each device required under
paragraph (b) of this section must have
a permanently affixed label containing:
(i) The name and address of the manufacturer; and
(ii) The following statement:
‘‘This device was designed and manufactured to comply with the International Maritime Organization (IMO)
‘Performance Standards for Automatic
Radar Plotting Aids (ARPA).’ ’’
(2) Each device allowed under paragraph (c) of this section must have a
permanently affixed label containing;
(i) The name and address of the manufacturer; and
(ii) The following statement:
‘‘This device was designed and manufactured to comply with the U.S. Maritime
Administration’s
‘Collision
Avoidance System Specification.’ ’’

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§ 164.38

33 CFR Ch. I (7–1–10 Edition)

APPENDIX A TO § 164.38—PERFORMANCE STANDARDS FOR AUTOMATIC RADAR PLOTTING AIDS
(ARPA)
1

Introduction

1.1 The Automatic Radar Plotting Aids
(ARPA) should, in order to improve the
standard of collision avoidance at sea:
.1 Reduce the work-load of observers by
enabling them to automatically obtain information so that they can perform as well with
multiple targets as they can by manually
plotting a single target; and
.2 Provide continuous, accurate and rapid
situation evaluation.
1.2 In addition to the General Requirements for Electronic Navigational Aids
([IMO] Res. A.281(VII)), the ARPA should
comply with the following minimum performance standards.
2

Definitions

2.1 Definitions of terms in these performance standards are given in Annex 1.

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3

Performance Standards

3.1 Detection
3.1.1 Where a separate facility is provided
for detection of targets, other than by the
radar observer, it should have a performance
not inferior to that which could be obtained
by the use of the radar display.
3.2 Acquisition
3.2.1 Target acquisition may be manual or
automatic. However, there should always be
a facility to provide for manual acquisition
and cancellation. ARPA with automatic acquisition should have a facility to suppress
acquisition in certain areas. On any range
scale where acquisition is suppressed over a
certain area, the area of acquisition should
be indicated on the display.
3.2.2 Automatic or manual acquisition
should have a performance not inferior to
that which could be obtained by the user of
the radar display.
3.3 Tracking
3.3.1 The ARPA should be able to automatically track, process, simultaneously display and continuously update the information on at least:
.1 20 targets, if automatic acquisition is
provided, whether automatically or manually acquired; or
.2 10 targets, if only manual acquisition is
provided.
3.3.2 If automatic acquisition is provided,
description of the criteria of selection of targets for tracking should be provided to the
user. If the ARPA does not track all targets
visible on the display, targets which are
being tracked should be clearly indicated on
the display. The reliability of tracking
should not be less than that obtainable using

manual recording of successive target positions obtained from the radar display.
3.3.3 Provided the target is not subject to
target swop, the ARPA should continue to
track an acquired target which is clearly distinguishable on the display for 5 out of 10
consecutive scans.
3.3.4 The possibility of tracking errors, including target swop, should be minimized by
ARPA design. A qualitative description of
the effects of error sources on the automatic
tracking and corresponding errors should be
provided to the user, including the effects of
low signal to noise and low signal to clutter
ratios caused by sea returns, rain, snow, low
clouds and non-synchronous emission.
3.3.5 The ARPA should be able to display
on request at least four equally time-spaced
past positions of any targets being tracked
over a period of at least eight minutes.
3.4 Display
3.4.1 The Display may be a separate or integral part of the ship’s radar. However, the
ARPA display should include all the data required to be provided by a radar display in
accordance with the performance standards
for navigational radar equipment adopted by
the Organization.
3.4.2 The design should be such that any
malfunction of ARPA parts producing information additional to information to be produced by the radar as required by the performance standards for navigational equipment adopted by IMO should not affect the
integrity of the basic radar presentation.
3.4.3 The display on which ARPA information is presented should have an effective diameter of at least 340 mm.
3.4.4 The ARPA facilities should be available on at least the following range scales:
.1 12 or 16 miles;
.2 3 or 4 miles.
3.4.5 There should be a positive indication
of the range scale in use.
3.4.6 The ARPA should be capable of operating with a relative motion display with
‘‘north-up’’ and either ‘‘head-up’’ or ‘‘courseup’’ azimuth stabilization. In addition, the
ARPA may also provide for a true motion
display. If true motion is provided, the operator should be able to select for his display
either true or relative motion. There should
be a positive indication of the display mode
and orientation in use.
3.4.7 The course and speed information
generated by the ARPA for acquired targets
should be displayed in a vector or graphic
form which clearly indicates the target’s
predicted motion. In this regard:
.1 ARPA presenting predicted information
in vector form only should have the option of
both true and relative vectors;
.2 An ARPA which is capable of presenting target course and speed information
in graphic form, should also, on request, provide the target’s true and/or relative vector;

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Coast Guard, DHS

§ 164.38

.3 Vectors displayed should be either time
adjustable or have a fixed time-scale;
.4 A positive indication of the time-scale
of the vector in use should be given.
3.4.8 The ARPA information should not
obscure radar information in such a manner
as to degrade the process of detecting targets. The display of ARPA data should be
under the control of the radar observer. It
should be possible to cancel the display of
unwanted ARPA data.
3.4.9 Means should be provided to adjust
independently the brilliance of the ARPA
data and radar data, including complete
elimination of the ARPA data.
3.4.10 The method of presentation should
ensure that the ARPA data is clearly visible
in general to more than one observer in the
conditions of light normally experienced on
the bridge of a ship by day and by night.
Screening may be provided to shade the display from sunlight but not to the extent that
it will impair the observer’s ability to maintain a proper lookout. Facilities to adjust
the brightness should be provided.
3.4.11 Provisions should be made to obtain
quickly the range and bearing of any object
which appears on the ARPA display.
3.4.12 When a target appears on the radar
display and, in the case of automatic acquisition, enters within the acquisition area chosen by the observer or, in the case of manual
acquisition, has been acquired by the observer, the ARPA should present in a period
of not more than one minute an indication of
the target’s motion trend and display within
three minutes the target’s predicted motion
in accordance with paragraphs 3.4.7, 3.6, 3.8.2
and 3.8.3.
3.4.13 After changing range scales on
which the ARPA facilities are available or
resetting the display, full plotting information should be displayed within a period of
time not exceeding four scans.
3.5 Operational Warnings
3.5.1 The ARPA should have the capability to warn the observer with a visual and/
or audible signal of any distinguishable target which closes to a range or transits a zone
chosen by the observer. The target causing
the warning should be clearly indicated on
the display.
3.5.2 The ARPA should have the capability to warn the observer with a visual and/
or audible signal of any tracked target which
is predicted to close to within a minimum
range and time chosen by the observer. The
Relative
course
(degrees)

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Scenario/data
1
2
3
4

........................................................................
........................................................................
........................................................................
........................................................................

target causing the warning should be clearly
indicated on the display.
3.5.3 The ARPA should clearly indicate if
a tracked target is lost, other than out of
range, and the target’s last tracked position
should be clearly indicated on the display.
3.5.4 It should be possible to activate or
de-activate the operational warnings.
3.6 Data Requirements
3.6.1 At the request of the observer the
following information should be immediately
available from the ARPA in alphanumeric
form in regard to any tracked target:
1. Present range to the target;
2. Present bearing of the target;.
.3 Predicted target range at the closest
point of approach (CPA);
.4 Predicted time to CPA (TCPA);
.5 Calculated true course of target;
.6 Calculated true speed of target.
3.7 Trial Manoeuvre
3.7.1 The ARPA should be capable of simulating the effect on all tracked targets of
an own ship manoeuvre without interrupting
the updating of target information. The simulation should be initiated by the depression
either of a spring-loaded switch, or of a function key, with a positive identification on
the display.
3.8 Accuracy
3.8.1 The ARPA should provide accuracies
not less than those given in paragraphs 3.8.2
and 3.8.3 for the four scenarios defined in
Annex 2. With the sensor errors specified in
Annex 3, the values given relate to the best
possible manual plotting performance under
environmental conditions of plus and minus
ten degrees of roll.
3.8.2 An ARPA should present within one
minute of steady state tracking the relative
motion trend of a target with the following
accuracy values (95 percent probability values):
Scenario/data
1
2
3
4

Relative
course (degrees)

.........................
.........................
.........................
.........................

Relative
speed
(Knots)

11
7
14
15

CPA (n.m.)

2.8
0.6
2.2
1.5

3.8.3 An ARPA should present within
three minutes of steady state tracking the
motion of a target with the following accuracy values (95 percent probability values):
Relative
speed
(knots)

3.0
2.3
4.4
4.6

0.8
.3
.9
.8

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

TCPA
(mins)

0.5
..................
.7
.7

1.0
..................
1.0
1.0

True
course
(degrees)
7.5
2.9
3.3
2.6

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....................
1.8
2.0

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True
speed
(knots)
1.2
.8
1.0
1.2

§ 164.38

33 CFR Ch. I (7–1–10 Edition)

3.8.4 When a tracked target, or own ship,
has completed a manoeuvre, the system
should present in a period of not more than
one minute an indication of the target’s motion trend, and display within three minutes
the target’s predicted motion in accordance
with paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3
3.8.5 The ARPA should be designed in
such a manner that under the most favorable
conditions of own ship motion the error contribution from the ARPA should remain insignificant compared to the errors associated
with the input sensors, for scenarios of
Annex 2.
3.9 Connections with other equipment
3.9.1 The ARPA should not degrade the
performance of any equipment providing sensor inputs. The connection of the ARPA to
any other equipment should not degrade the
performance of that equipment.
3.10 Performance test and warnings
3.10.1 The ARPA should provide suitable
warnings of ARPA malfunction to enable the
observer to monitor the proper operation of
the system. Additionally test programmes
should be available so that the overall performance of ARPA can be assessed periodically against a known solution.
3.11 Equipment used with ARPA
3.11.1 Log and speed indicators providing
inputs to ARPA equipment should be capable
of providing the ship’s speed through the
water.
ANNEX 1 TO APPENDIX A TO § 164.38—DEFINITIONS OF TERMS TO BE USED ONLY IN CONNECTION WITH ARPA PERFORMANCE STANDARDS

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Relative course—The direction of motion
of a target related to own ship as deduced
from a number of measurements of its range
and bearing on the radar. Expressed as an angular distance from North.
Relative speed—The speed of a target related to own ship, as deduced from a number
of measurements of its range and bearing on
the radar.
True course—The apparent heading of a
target obtained by the vectorial combination
of the target’s relative motion and ship’s
own motion 1. Expressed as an angular distance from North.
True speed—The speed of a target obtained
by the vectorial combination of its relative
motion and own ship’s motion 1.
Bearing—The direction of one terrestrial
point from another. Expressed as an angular
distance from North.
Relative motion display—The position of
own ship on such a display remains fixed.

True motion display—The position of own
ship on such display moves in accordance
with its own motion.
Azimuth stabilization—Own ship’s compass
information is fed to the display so that
echoes of targets on the display will not be
caused to smear by changes of own ship’s
heading.
/North-up—The line connecting the center
with the top of this display is North.
/Head-up—The line connecting the center
with the top of the display is own ship
heading.
/Course-up—An intended course can be set to
the line connecting the center with the
top of the display.
Heading—The direction in which the bow
of a vessel is pointing. Expressed as an angular distance from North.
Target’s predicted motion—The indication
on the display of a liner extrapolation into
the future of a target’s motion, based on
measurements of the target’s range and
bearing on the radar in the recent past.
Target’s motion trend—An early indication of the target’s predicted motion.
Radar Plotting—The whole process of target detection, tracking, calculation of parameters and display of information.
Detection—The recognition of the presence
of a target.
Acquisition—The selection of those targets
requiring a tracking procedure and the initiation of their tracking.
Tracking—The process of observing the sequential changes in the position of a target,
to establish its motion.
Display—The plan position presentation of
ARPA data with radar data.
Manual—An activity which a radar observer performs, possibly with assistance
from a machine.
Automatic—An activity which is performed wholly by a machine.
ANNEX 2 TO APPENDIX A TO § 164.38—
OPERATIONAL SCENARIOS
For each of the following scenarios predictions are made at the target position defined after previously tracking for the appropriate time of one or three minutes:
Scenario 1
Own ship course—000°
Own ship speed—10 kt
Target range—8 n.m.
Bearing of target—000°
Relative course of target—180°
Relative speed of target—20 kt
Scenario 2
Own ship course—000°
Own ship speed—10 kt
Target range—1 n.m.
Bearing of target—000°
Relative course of target—090°

1 For the purpose of these definitions there
is no need to distinguish between sea or
ground stabilization.

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Coast Guard, DHS

§ 164.38
Antenna backlash—assumed rectangular
distribution giving bearing error ± 0.5 maximum.

Relative speed of target—10 kt
Scenario 3
Own ship course—000°
Own ship speed—5 kt
Target range—8 n.m.
Bearing of target—045°
Relative course of target—225°
Relative speed of target—20 kt

Quantization
Bearing—rectangular distribution ± 0.01°
maximum.
Range—rectangular distribution ± 0.01 n.m.
maximum.
Bearing encoder assumed to be running
from a remote synchro giving bearing errors
with a normal distribution o = 0.03°

Scenario 4
Own ship course—000°
Own ship speed—25 kt
Target range—8 n.m.
Bearing of target—045°
Relative course of target—225°
Relative speed of target—20 kt

Gyro compass
Calibration error 0.5°.
Normal distribution about this with o =
0.12°.
Log

ANNEX 3 TO APPENDIX A TO § 164.38—SENSOR
ERRORS
The accuracy figures quoted in paragraph
3.8 are based upon the following sensor errors
and are appropriate to equipment complying
with the Organization’s performance standards for shipborne navigational equipment. 2
Note: o means ‘‘standard deviation’’
Radar

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Target Glint (Scintillation) (for 200 m
length target)
Along length of target o = 30 m. (normal
distribution)
Across beam of target o = 1 m. (normal distribution)
Roll-Pitch Bearing. The bearing error will
peak in each of the four quadrants around
own ship for targets on relative bearings of
045°, 135°, 225° and 315° and will be zero at relative bearings of 0°, 90°, 180° and 270°. This
error has a sinusoidal variation at twice the
roll frequency. For a 10° roll the mean error
is 0.22° with a 0.22° peak sine wave superimposed.
Beam shape—assumed normal distribution
giving bearing error with o = 0.05.
Pulse shape— assumed normal distribution
giving range error with o = 20 meters.
2 In calculations leading to the accuracy
figures quoted in paragraph 3.8, these sensor
error sources and magnitudes were used.
They were arrived at during discussions with
national government agencies and equipment manufacturers and are appropriate to
equipments complying with the Organization’s draft performance standards for radar
equipment (preliminary) (NAV XXII/WP.14),
gyro compasses (NAV XXI/9, Annex X) and
logs (preliminary) (NAV XXII/WP.15).
Independent studies carried out by national government agencies and equipment
manufacturers have resulted in similar accuracies, where comparisons were made.

Calibration error 0.5 kt.
Normal distribution about this, 3 o = 0.2
kt.
APPENDIX B TO § 164.38—U.S. MARITIME ADMINISTRATION COLLISION AVOIDANCE SYSTEM
SPECIFICATION
A collision system designed as a supplement to both surface search navigational radars via interswitching shall be installed.
The system shall provide unattended monitoring of all radar echoes and automatic
audio and visual alarm signals that will alert
the watch officer of a possible threat. The
display shall be contained within a console
capable of being installed adjacent to the
radar displays in the wheelhouse and may
form a part of the bridge console.
Provision for signal input from the ship’s
radars, gyro compass, and speed log, without
modification to these equipments shall be
made. The collision avoidance system,
whether operating normally or having failed,
must not introduce any spurious signals or
otherwise degrade the performance of the radars, the gyro compass or the speed log.
Computer generated display data for each
acquired target shall be in the form of a line
or vector indicating true or relative target
course, speed and both present and extrapolated future positions. Data shall be automatically displayed on a cathode ray tube or
other suitable display contrivance sufficiently bright and unobstructed to permit
viewing by more than one person at a time.
In addition to displaying the collision potential of the most threatening fixed and
moving targets, the system shall be capable
of simultaneously showing land masses.
The system display shall include a heading
indication and bearing ring. The system
shall also have the capability of allowing the
operator to select ‘‘head-up’’ and to cancel
the vector or line presentation of any of the
targets. The presentation shall be nonsmearing when changing modes or display

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§ 164.39

33 CFR Ch. I (7–1–10 Edition)

scales in order to permit rapid evaluation of
the displayed data.
Target acquisition, for display data purposes, may be manual, automatic or both, as
specified by Owner.
For any manual acquisition system the
alarms shall be initiated by a preset minimum range; and likewise for any automatic
acquisition system the alarms shall be initiated by a preset minimum acceptable passing distance (CPA—Closest Point of Approach) and a preset advance warning time
(TCPA—Time to Closest Point of Approach).
Means shall be provided to silence the audio
alarm for a given threat but the alarm shall
resound upon a subsequent threat. The visual alarm shall continue to operate until all
threats have been eliminated. If the collision
avoidance system fails to perform as indicated above, after the system is set for unattended monitoring, the system shall produce
both audio and visual warning alarms.
The system shall be capable of simulating
a trial maneuver.
In addition to the target display, an alphanumeric readout shall be provided which can
present range, bearing, course, speed, CPA
and TCPA for any selected target, either on
the target display or by other display means.
The collision avoidance system shall be energized from the interior communications
panel board in the wheelhouse.
The collision avoidance function may be
incorporated in an integrated conning system, provided that failure of any other integrated system component will not degrade
the collision avoidance function.
[CGD 79–148, 45 FR 54039, Aug. 14, 1980; 45 FR
71800, Oct. 30, 1980, as amended by CGD 83–
004, 49 FR 43467, Oct. 29, 1984; USCG–1998–3799,
63 FR 35532, June 30, 1998]

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§ 164.39 Steering gear: Foreign tankers.
(a) This section applies to each foreign tanker of 10,000 gross tons or
more, except a public vessel, that—
(1) Transfers oil at a port or place
subject to the jurisdiction of the
United States; or
(2) Otherwise enters or operates in
the navigable waters of the United
States, except a vessel described by
§ 164.02 of this part.
(b) Definitions. The terms used in this
section are as follows:
Constructed means the same as in
Chapter II–1, Regulations 1.1.2 and
1.1.3.1, of SOLAS 74.
Existing tanker means a tanker—
(1) For which the building contract is
placed on or after June 1, 1979;

(2) In the absence of a building contract, the keel of which is laid or which
is at a similar stage of construction on
or after January 1, 1980;
(3) The delivery of which occurs on or
after June 1, 1982; or
(4) That has undergone a major conversion contracted for on or after June
1, 1979; or construction of which was
begun on or after January 1, 1980, or
completed on or after June 1, 1982.
Public vessel, oil, hazardous materials,
and foreign vessel mean the same as in
46 U.S.C. 2101.
SOLAS 74 means the International
Convention for the Safety of Life at
Sea, 1974, as amended.
Tanker means a self-propelled vessel
defined as a tanker by 46 U.S.C. 2101(38)
or as a tank vessel by 46 U.S.C. 2101(39).
(c) Each tanker constructed on or
after September 1, 1984, must meet the
applicable requirements of Chapter II–
1, Regulations 29 and 30, of SOLAS 74.
(d) Each tanker constructed before
September 1, 1984, must meet the requirements of Chapter II–1, Regulation
29.19, of SOLAS 74.
(e) Each tanker of 40,000 gross tons or
more, constructed before September 1,
1984, that does not meet the single-failure criterion of Chapter II–1, Regulation 29.16, of SOLAS 74, must meet the
requirements of Chapter II–1, Regulation 29.20, of SOLAS 74.
(f) Each tanker constructed before
September 1, 1984, must meet the applicable requirements of Chapter II–1,
Regulations 29.14 and 29.15, of SOLAS
74.
[CGD 83–043, 60 FR 24771, May 10, 1995]

§ 164.40 Devices to indicate speed and
distance.
(a) Each vessel required to be fitted
with an Automatic Radar Plotting Aid
(ARPA) under § 164.38 of this part must
be fitted with a device to indicate
speed and distance of the vessel either
through the water or over the ground.
(b) The device must meet the following specifications:
(1) The display must be easily readable on the bridge by day or night.
(2) Errors in the indicated speed,
when the vessel is operating free from
shallow water effect, and from the effects of wind, current, and tide, should
not exceed 5 percent of the speed of the

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Coast Guard, DHS

§ 164.43

vessel, or 0.5 knot, whichever is greater.
(3) Errors in the indicated distance
run, when the vessel is operating free
from shallow water effect, and from the
effects of wind, current, and tide,
should not exceed 5 percent of the distance run of the vessel in one hour or
0.5 nautical mile in each hour, whichever is greater.

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

§ 164.41 Electronic position fixing devices.
(a) Each vessel calling at a port in
the continental United States, including Alaska south of Cape Prince of
Wales, except each vessel owned or
bareboat chartered and operated by the
United States, or by a state or its political subdivision, or by a foreign nation, and not engaged in commerce,
must have one of the following:
(1) A Type I or II LORAN C receiver
as defined in Section 1.2(e), meeting
Part 2 (Minimum Performance Standards) of the Radio Technical Commission for Marine Services (RTCM) Paper
12–78/DO–100 dated December 20, 1977,
entitled
‘‘Minimum
Performance
Standards (MPS) Marine Loran-C Receiving Equipment’’. Each receiver installed must be labeled with the information required under paragraph (b) of
this section.
(2) A satellite navigation receiver
with:
(i) Automatic acquisition of satellite
signals after initial operator settings
have been entered; and
(ii) Position updates derived from
satellite information during each usable satellite pass.
(3) A system that is found by the
Commandant to meet the intent of the
statements of availability, coverage,
and accuracy for the U.S. Coastal Confluence Zone (CCZ) contained in the
U.S. ‘‘Federal Radionavigation Plan’’
(Report No. DOD-NO 4650.4-P, I or No.
DOT-TSC-RSPA-80-16, I). A person desiring a finding by the Commandant
under this subparagraph must submit a
written application describing the device to the Assistant Commandant for
Operations, (CG–3), 2100 2nd St. SW.,
Stop 7238, Washington, DC 20593–7238.

After reviewing the application, the
Commandant may request additional
information to establish whether or
not the device meets the intent of the
Federal Radionavigation Plan.
NOTE: The Federal Radionavigation Plan is
available from the National Technical Information Service, Springfield, Va. 22161, with
the following Government Accession Numbers:
Vol 1, ADA 116468
Vol 2, ADA 116469
Vol 3, ADA 116470
Vol 4, ADA 116471

(b) Each label required under paragraph (a)(1) of this section must show
the following:
(1) The name and address of the manufacturer.
(2) The following statement by the
manufacturer:
This receiver was designed and manufactured to meet Part 2 (Minimum Performance Standards) of the RTCM MPS
for Marine Loran-C Receiving Equipment.
(Sec. 12, 92 Stat. 1477 (33 U.S.C. 1231); 49 CFR
1.46(n)(4))
[CGD 81–081, 47 FR 58244, Dec. 30, 1982, as
amended by CGD 88–052, 53 FR 25122, July 1,
1988; CGD 96–026, 61 FR 33669, June 28, 1996;
CGD 97–023, 62 FR 33365, June 19, 1997; USCG–
1998–3799, 63 FR 35532, June 30, 1998; USCG–
2010–0351, 75 FR 36287, June 25, 2010]

§ 164.42 Rate of turn indicator.
Each vessel of 100,000 gross tons or
more constructed on or after September 1, 1984 shall be fitted with a
rate of turn indicator.
[CGD 83–004, 49 FR 43468, Oct. 29, 1984]

§ 164.43 Automatic Identification System Shipborne Equipment—Prince
William Sound.
(a) Until December 31, 2004, each vessel required to provide automated position reports to a Vessel Traffic Service
(VTS) under § 165.1704 of this subchapter must do so by an installed
Automatic Identification System Shipborne Equipment (AISSE) system consisting of a:
(1) Twelve-channel all-in-view Differential Global Positioning System
(dGPS) receiver;
(2) Marine band Non-Directional Beacon receiver capable of receiving dGPS
error correction messages;

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§ 164.46

33 CFR Ch. I (7–1–10 Edition)

(3) VHF—FM transceiver capable of
Digital Selective Calling (DSC) on the
designated DSC frequency; and
(4) Control unit.
(b) An AISSE must have the following capabilities:
(1) Use dGPS to sense the position of
the vessel and determine the time of
the position using Universal Coordinated Time (UTC);
(2) Fully use the broadcast type 1, 2,
3, 5, 6, 7, 9, and 16 messages, as specified
in RTCM Recommended Standards for
Differential NAVSTAR GPS Service in
determining the required information;
(3) Achieve a position error which is
less than ten meters (32.8 feet) 2 distance root mean square (2 drms) from
the true North American Datum of 1983
(NAD 83) in the position information
transmitted to a VTS;
(4) Achieve a course error of less than
0.5 degrees from true course over
ground in the course information
transmitted to a VTS;
(5) Achieve a speed error of less than
0.05 knots from true speed over ground
in the speed information transmitted
to a VTS;
(6) Receive and comply with commands broadcast from a VTS as DSC
messages on the designated DSC frequency;
(7) Receive and comply with RTCM
messages broadcast as minimum shift
keying modulated medium frequency
signals in the marine radiobeacon
band, and supply the messages to the
dGPS receiver;
(8) Transmit the vessel’s position,
tagged with the UTC at position solution, course over ground, speed over
ground, and Lloyd’s identification
number to a VTS;
(9) Display a visual alarm to indicate
to shipboard personnel when a failure
to receive or utilize the RTCM messages occurs;
(10) Display a separate visual alarm
which is triggered by a VTS utilizing a
DSC message to indicate to shipboard
personnel that the U.S. Coast Guard
dGPS system cannot provide the required error correction messages; and
(11) Display two RTCM type 16 messages, one of which must display the
position error in the position error
broadcast.

(c) An AISSE is considered non-operational if it fails to meet the requirements of paragraph (b) of this section.
NOTE: Vessel Traffic Service (VTS) areas
and operating procedures are set forth in
part 161 of this chapter.
[CGD 90–020, 59 FR 36334, July 15, 1994, as
amended by CGD 97–023, 62 FR 33365, June 19,
1997; USCG–2003–14757, 68 FR 39367, July 1,
2003; 68 FR 60569, Oct. 22, 2003]

§ 164.46 Automatic Identification System (AIS).
(a) The following vessels must have a
properly installed, operational, type
approved AIS as of the date specified:
(1) Self-propelled vessels of 65 feet or
more in length, other than passenger
and fishing vessels, in commercial
service and on an international voyage,
not later than December 31, 2004.
(2) Notwithstanding paragraph (a)(1)
of this section, the following, self-propelled vessels, that are on an international voyage must also comply with
SOLAS, as amended, Chapter V, regulation 19.2.1.6, 19.2.4, and 19.2.3.5 or
19.2.5.1 as appropriate (Incorporated by
reference, see § 164.03):
(i) Passenger vessels, of 150 gross tonnage or more, not later than July 1,
2003;
(ii) Tankers, regardless of tonnage,
not later than the first safety survey
for safety equipment on or after July 1,
2003;
(iii) Vessels, other than passenger
vessels or tankers, of 50,000 gross tonnage or more, not later than July 1,
2004; and
(iv) Vessels, other than passenger
vessels or tankers, of 300 gross tonnage
or more but less than 50,000 gross tonnage, not later than the first safety
survey for safety equipment on or after
July 1, 2004, but no later than December 31, 2004.
(3) Notwithstanding paragraphs (a)(1)
and (a)(2) of this section, the following
vessels, when navigating an area denoted in table 161.12(c) of § 161.12 of this
chapter, not later than December 31,
2004:
(i) Self-propelled vessels of 65 feet or
more in length, other than fishing vessels and passenger vessels certificated
to carry less than 151 passengers-forhire, in commercial service;

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§ 164.61

(ii) Towing vessels of 26 feet or more
in length and more than 600 horsepower, in commercial service;
(iii) Passenger vessels certificated to
carry more than 150 passengers-forhire.
NOTE TO § 164.46(a): ‘‘Properly installed’’ refers to an installation using the guidelines
set forth in IMO SN/Circ.227 (incorporated by
reference, see § 164.03). Not all AIS units are
able to broadcast position, course, and speed
without the input of an external positioning
device (e.g. dGPS); the use of other external
devices (e.g. transmitting heading device,
gyro, rate of turn indicator) is highly recommended, however, not required except as
stated in § 164.46(a)(2). ‘‘Type approved’’ refers to an approval by an IMO recognized Administration as to comply with IMO Resolution MSC.74(69), ITU-R Recommendation
M.1371–1, and IEC 61993–2 (Incorporated by
reference, see § 164.03). ‘‘Length’’ refers to
‘‘registered length’’ as defined in 46 CFR part
69. ‘‘Gross tonnage’’ refers to tonnage as defined under the International Convention on
Tonnage Measurement of Ships, 1969.

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(b) The requirements for Vessel
Bridge-to-Bridge radiotelephones in
§§ 26.04(a) and (c), 26.05, 26.06 and 26.07 of
this chapter also apply to AIS. The
term ‘‘effective operating condition’’
used in § 26.06 of this chapter includes
accurate input and upkeep of AIS data
fields.
(c) The use of a portable AIS is permissible only to the extent that electromagnetic interference does not affect the proper function of existing
navigation and communication equipment on board and such that only one
AIS unit may be in operation at any
one time.
(d) The AIS Pilot Plug, on each vessel over 1,600 gross tons on an international voyage, must be available for
pilot use, easily accessible from the
primary conning position of the vessel,
and near a 120 Volt, AC power, 3-prong
receptacle.

§ 164.53 Deviations from rules and reporting: Non-operating equipment.
(a) If during a voyage any equipment
required by this part stops operating
properly, the person directing the
movement of the vessel may continue
to the next port of call, subject to the
directions of the District Commander
or the Captain of the Port, as provided
by part 160 of this chapter.
(b) If the vessel’s radar, radio navigation receivers, gyrocompass, echo
depth sounding device, or primary
steering gear stops operating properly,
the person directing the movement of
the vessel must report or cause to be
reported that it is not operating properly to the nearest Captain of the Port,
District Commander, or, if participating in a Vessel Traffic Service, to
the Vessel Traffic Center, as soon as
possible.
(Sec. 2, Pub. L. 95–474, 92 Stat. 1471 (33 U.S.C.
1221); 49 CFR 1.46(n)(4))
[CGD 74–77, 42 FR 5956, Jan. 31, 1977]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 164.53, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and on GPO Access.

§ 164.55 Deviations from rules: Continuing operation or period of time.
The Captain of the Port, upon written application, may authorize a deviation from any rule in this part if he
determines that the deviation does not
impair the safe navigation of the vessel
under anticipated conditions and will
not result in a violation of the rules for
preventing collisions at sea. The authorization may be issued for vessels
operating in the waters under the jurisdiction of the Captain of the Port for
any continuing operation or period of
time the Captain of the Port specifies.

[USCG–2003–14757, 68 FR 60569, Oct. 22, 2003]

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

§ 164.51 Deviations from rules: Emergency.
Except for the requirements of
§ 164.53(b), in an emergency, any person
may deviate from any rule in this part
to the extent necessary to avoid endangering persons, property, or the environment.

§ 164.61 Marine casualty reporting and
record retention.

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

When a vessel is involved in a marine
casualty as defined in 46 CFR 4.03–1,
the master or person in charge of the
vessel shall:
(a) Ensure compliance with 46 CFR
Subpart 4.05, ‘‘Notice of Marine Casualty and Voyage Records;’’ and

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§ 164.70

33 CFR Ch. I (7–1–10 Edition)

(b) Ensure that the voyage records
required by 46 CFR 4.05–15 are retained
for:
(1) 30 days after the casualty if the
vessel remains in the navigable waters
of the United States; or
(2) 30 days after the return of the vessel to a United States port if the vessel
departs the navigable waters of the
United States within 30 days after the
marine casualty.

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

§ 164.70 Definitions.
For purposes of §§ 164.72 through
164.82, the term—
Current edition means the most recent
published version of a publication,
chart, or map required by § 164.72.
Currently corrected edition means a
current or previous edition of a publication required by § 164.72, corrected
with changes that come from Notices
to Mariners (NTMs) or Notices to Navigation reasonably available and that
apply to the vessel’s transit. Hand-annotated river maps from the U.S. Army
Corps of Engineers (ACOE) are currently corrected editions if issued within the previous 5 years.
Great Lakes means the Great Lakes
and their connecting and tributary waters including the Calumet River as far
as the Thomas J. O’Brien Lock and
Controlling Works (between miles 326
and 327), the Chicago River as far as
the east side of the Ashland Avenue
Bridge (between miles 321 and 322), and
the Saint Lawrence River as far east as
the lower exit of Saint Lambert Lock.
Merchant mariner credential or MMC
means the credential issued by the
Coast Guard under 46 CFR part 10. It
combines the individual merchant
mariner’s document, license, and certificate of registry enumerated in 46
U.S.C. subtitle II part E as well as the
STCW endorsement into a single credential that serves as the mariner’s
qualification document, certificate of
identification, and certificate of service.
Swing-meter means an electronic or
electric device that indicates the rate
of turn of the vessel on board which it
is installed.
Towing vessel means a commercial
vessel engaged in or intending to engage in pulling, pushing or hauling

alongside, or any combination of pulling, pushing, or hauling alongside.
Western Rivers means the Mississippi
River, its tributaries, South Pass, and
Southwest Pass, to the navigationaldemarcation lines dividing the high
seas from harbors, rivers, and other inland waters of the United States, and
the Port Allen-Morgan City Alternative Route, and that part of the
Atchafalaya River above its junction
with the Port Allen-Morgan City Alternative Route including the Old River
and the Red River and those waters
specified by §§ 89.25 and 89.27 of this
chapter, and such other, similar waters
as are designated by the COTP.
[CGD 94–020, 61 FR 35072, July 3, 1996, as
amended by USCG–2006–24371, 74 FR 11213,
Mar. 16, 2009]

§ 164.72 Navigational-safety
equipment, charts or maps, and publications required on towing vessels.
(a) Except as provided by § 164.01(b),
each towing vessel must be equipped
with the following navigational-safety
equipment:
(1) Marine radar. By August 2, 1997, a
marine radar that meets the following
applicable requirements:
(i) For a vessel of less than 300 tons
gross tonnage that engages in towing
on navigable waters of the U.S., including Western Rivers, the radar must
meet—
(A) The requirements of the Federal
Communications Commission (FCC)
specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar
Equipment Installed on Ships of Less
Than 300 Tons Gross Tonnage, RTCM
Paper 71–95/SC112–STD, Version 1.1, display Category II and stabilization Category Bravo.
(ii) For a vessel of less than 300 tons
gross tonnage that engages in towing
seaward of navigable waters of the U.S.
or more than three nautical miles from
shore on the Great Lakes, the radar
must meet—
(A) The requirements of the FCC
specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar
Equipment Installed on Ships of Less
Than 300 Tons Gross Tonnage, RTCM
Paper 71–95/SC112–STD, Version 1.1, display Category I and stabilization Category Alpha.

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Coast Guard, DHS

§ 164.72

(iii) For a vessel of 300 tons gross tonnage or more that engages in towing on
navigable waters of the U.S., including
Western rivers, the radar must meet—
(A) The requirements of the Federal
Communications Commission (FCC)
specified by 47 CFR part 80; and
(B) RTCM Recommended Standards
for Marine Radar Equipment Installed
on Ships of 300 Tons Gross Tonnage and
Upwards, RTCM Paper 191–93/SC112–X,
Version 1.2 except the requirements for
azimuth stabilization in paragraph 3.10.
(iv) For a vessel of 300 tons gross tonnage or more that engages in towing
seaward of navigable waters of the U.S.
or more than three nautical miles from
shore on the Great Lakes, the radar
must meet—
(A) The requirements of the FCC
specified by 47 CFR Part 80; and
(B) RTCM Recommended Standards
for Marine Radar Equipment Installed
on Ships of 300 Tons Gross Tonnage and
Upwards, RTCM Paper 191–93/SC112–X,
Version 1.2.
(v) A towing vessel with an existing
radar must meet the applicable requirements of paragraphs (a)(1) (i)
through (iv) of this section by August
2, 1998; except that a towing vessel with
an existing radar must meet the display and stabilization requirements of
paragraph (a)(1)(ii)(B) of this section
by August 2, 2001.
(2)
Searchlight.
A
searchlight,
directable from the vessel’s main steering station and capable of illuminating
objects at a distance of at least two
times the length of the tow.
(3) VHF-FM radio. An installation or
multiple installations of VHF-FM radios as prescribed by part 26 of this
chapter and 47 CFR part 80, to maintain a continuous listening watch on
the designated calling channel, VHFFM Channel 13 (except on portions of
the Lower Mississippi River, where
VHF-FM Channel 67 is the designated
calling channel), and to separately
monitor the International Distress and
Calling Channel, VHF-FM Channel 16,
except when transmitting or receiving
traffic on other VHF-FM channels or
when participating in a Vessel Traffic
Service (VTS) or monitoring a channel
of a VTS. (Each U.S. towing vessel of 26
feet (about 8 meters) or more in length,
except a public vessel, must hold a

ship-radio-station license for radio
transmitters (including radar and
EPIRBs), and each operator must hold
a restricted operator’s license or higher. To get an application for either license, call (800) 418–FORM or (202) 418–
FORM, or write to the FCC; Wireless
Bureau, Licensing Division; 1270 Fairfield Road; Gettysburg, PA 17325–7245.)
(4) Magnetic compass. Either—
(i) An illuminated swing-meter or an
illuminated card-type magnetic steering compass readable from the vessel’s
main steering station, if the vessel engages in towing exclusively on Western
Rivers; or
(ii) An illuminated card-type magnetic steering compass readable from
the vessel’s main steering station.
(5) Echo depth-sounding device. By August 2, 2001, an echo depth-sounding device readable from the vessel’s main
steering station, unless the vessel engages in towing exclusively on Western
Rivers.
(6) Electronic position-fixing device. An
electronic position-fixing device, either
a LORAN-C receiver or a satellite navigational system such as the Global Positioning System (GPS) as required by
§ 164.41, if the vessel engages in towing
seaward of navigable waters of the U.S.
or more than three nautical miles from
shore on the Great Lakes.
(b) Each towing vessel must carry on
board and maintain the following:
(1) Charts or maps. Marine charts or
maps of the areas to be transited, published by the National Ocean Service
(NOS), the ACOE, or a river authority
that satisfy the following requirements:
(i) The charts or maps must be of a
large enough scale and have enough detail to make safe navigation of the
areas possible.
(ii) The charts or maps must be either—
(A) Current editions or currently corrected editions, if the vessel engages in
towing exclusively on navigable waters
of the U.S., including Western Rivers;
or
(B) Currently corrected editions, if
the vessel engages in towing seaward of
navigable waters of the U.S. or more
than three nautical miles from shore
on the Great Lakes.

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33 CFR Ch. I (7–1–10 Edition)

(iii) The charts or maps may be, instead of charts or maps required by
paragraphs (b)(1) (i) and (ii) of this section, currently corrected marine charts
or maps, or applicable extracts, published by a foreign government. These
charts or maps, or applicable extracts,
must contain information similar to
that on the charts or maps required by
paragraphs (b)(1) (i) and (ii) of this section, be of large enough scale, and have
enough detail to make safe navigation
of the areas possible, and must be currently corrected.
(2) General publications. A currently
corrected edition of, or an applicable
currently corrected extract from, each
of the following publications for the
area to be transited:
(i) If the vessel is engaged in towing
exclusively on Western Rivers—
(A) U.S. Coast Guard Light List;
(B) Applicable Notices to Navigation
published by the ACOE, or Local Notices to Mariners (LNMs) published by
the Coast Guard, for the area to be
transited, when available; and

(C) River-current tables published by
the ACOE or a river authority, if available.
(ii) If the vessel is engaged other
than in towing exclusively on Western
Rivers—
(A) Coast Guard Light List;
(B) Notices to Mariners published by
the National Imagery and Mapping
Agency, or LNMs published by the
Coast Guard;
(C) Tidal-current tables published by
private entities using data provided by
the NOS, or river-current tables published by the ACOE or a river authority:
(D) Tide tables published by private
entities using data provided by the
NOS; and
(E) U.S. Coast Pilot.
(c) Table 164.72, following, summarizes the navigational-safety equipment, charts or maps, and publications
required for towing vessels of 12 meters
or more in length engaged in towing:

TABLE 164.72—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF 12
METERS OR MORE IN LENGTH

Marine Radar:
Towing Vessels of
Less Than 300 GT.

Towing Vessels of 300
GT or More.

Searchlight ..................
VHF-FM Radio ............
Magnetic Compass .....
Swing-Meter ................
Echo Depth-Sounding
Device.
Electronic Position-Fixing Device.
Charts or Maps ...........

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General Publications ...

Western rivers

U.S. navigable waters other
than western rivers

Waters seaward of navigable
waters and 3 NM or more from
shore on the Great Lakes

RTCM Paper 71–95/SC112–
STD Version 1.1, Display
Category II 1 Stabilization
Category BRAVO.
RTCM Paper 191–93/SC112–X
Version 1.2 (except the
Azmuth stabilization requirement in paragraph 3.10). 1.
X
X
X3
X3

RTCM Paper 71–95/SC112–
STD Version 1.1, Display
Category II 1 Stabilization
Category BRAVO.
RTCM Paper 191–93/SC112–X
Version 1.2 (except the
Azmuth stabilization requirement in paragraph 3.10). 1.
X
X
X

RTCM Paper 71–95/SC112–
STD Version 1.1, Display
Category I 2 Stabilization Category ALPHA.
RTCM Paper 191–93/SC112–X
Version 1.2. 1

X

X

X
X
X

X
(1) Large enough scale .............
(2) Current edition or currently
corrected edition.
(1) U.S. Coast Guard Light List
(2) Notices to Navigation or
Local Notices to Mariners.
(3) River-current Tables ............

(1) Large enough scale .............
(2) Current edition or currently
corrected edition.
(1) U.S. Coast Guard Light List
(2) Local Notices to Mariners ...

(1) Large enough scale.
(2) Currently corrected edition.
(1) U.S. Coast Guard Light List.
(2) Local Notices to Mariners.

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

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

NOTES:
1 Towing vessels with existing radar must meet this requirement by August 2, 1998.
2 Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the display and
stabilization requirements until August 2, 2001.
3 A towing vessel may carry either a swing-meter or a magnetic compass.

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Coast Guard, DHS

§ 164.74

[CGD 94–020, 61 FR 35073, July 3, 1996, as amended by CGD 97–034, 62 FR 40272, July 28, 1997;
USCG–1999–5832, 64 FR 34715, June 29, 1999; USCG–2001–9286, 66 FR 33641, June 25, 2001; USCG–
2010–0351, 75 FR 36287, June 25, 2010]

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§ 164.74 Towline and terminal gear for
towing astern.
(a) Towline. The owner, master, or operator of each vessel towing astern
shall ensure that the strength of each
towline is adequate for its intended
service, considering at least the following factors:
(1) The size and material of each towline must be—
(i) Appropriate for the horsepower or
bollard pull of the vessel;
(ii) Appropriate for the static loads
and dynamic loads expected during the
intended service;
(iii) Appropriate for the sea conditions expected during the intended
service;
(iv) Appropriate for exposure to the
marine environment and to any chemicals used or carried on board the vessel;
(v) Appropriate for the temperatures
of normal stowage and service on board
the vessel;
(vi) Compatible with associated navigational-safety equipment; and
(vii) Appropriate for the likelihood of
mechanical damage.
(2) Each towline as rigged must be—
(i) Free of knots;
(ii) Spliced with a thimble, or have a
poured socket at its end; and
(iii) Free of wire clips except for temporary repair, for which the towline
must have a thimble and either five
wire clips or as many wire clips as the
manufacturer specifies for the nominal
diameter and construction of the towline, whichever is more.
(3) The condition of each towline
must be monitored through the—
(i) Keeping on board the towing vessel or in company files of a record of
the towline’s initial minimum breaking strength as determined by the manufacturer, by a classification (‘‘class’’)
society authorized in § 157.04 of this
chapter, or by a tensile test that meets
API Specification 9A, Specification for
Wire Rope, Section 3; ASTM D 4268 (incorporated by reference, see § 164.03),
Standard Test Method for Testing
Fiber Ropes; or Cordage Institute CIA

3, Standard Test Methods for Fiber
Rope
Including
Standard
Terminations;
(ii) If the towline is purchased from
another owner, master, or operator of a
vessel with the intent to use it as a
towline or if it is retested for any reason, keeping on board the towing vessel
or in company files of a record of each
retest of the towline’s minimum breaking strength as determined by a class
society authorized in § 157.04 of this
chapter or by a tensile test that meets
API Specification 9A, Section 3; ASTM
D 4268 (incorporated by reference, see
§ 164.03) or Cordage Institute CIA 3,
Standard Test Methods;
(iii) Conducting visual inspections of
the towline in accordance with the
manufacturer’s recommendations, or
at least monthly, and whenever the
serviceability of the towline is in doubt
(the inspections being conducted by the
owner, master, or operator, or by a person on whom the owner, master, or operator confers the responsibility to
take corrective measures appropriate
for the use of the towline);
(iv) Evaluating the serviceability of
the whole towline or any part of the
towline, and removing the whole or
part from service either as recommended by the manufacturer or a
class society authorized in § 157.04 of
this chapter or in accordance with a replacement schedule developed by the
owner, master, or operator that accounts for at least the—
(A) Nautical miles on, or time in
service of, the towline;
(B) Operating conditions experienced
by the towline;
(C) History of loading of the towline;
(D) Surface condition, including corrosion and discoloration, of the towline;
(E) Amount of visible damage to the
towline;
(F) Amount of material deterioration
indicated by measurements of diameter
and, if applicable, measurements of lay
extension of the towline; and
(G) Point at which a tensile test
proves the minimum breaking strength

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§ 164.76

33 CFR Ch. I (7–1–10 Edition)

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of the towline inadequate by the standards of paragraph (a)(1) of this section,
if necessary; and
(v) Keeping on board the towing vessel or in company files of a record of
the material condition of the towline
when inspected under paragraphs
(a)(3)(iii) and (iv) of this section. Once
this record lapses for three months or
more, except when a vessel is laid up or
out of service or has not deployed its
towline, the owner, master, or operator
shall retest the towline or remove it
from service.
(b) Terminal gear. The owner, master,
or operator of each vessel towing
astern shall ensure that the gear used
to control, protect, and connect each
towline meets the following criteria:
(1) The material and size of the terminal gear are appropriate for the
strength and anticipated loading of the
towline and for the environment;
(2) Each connection is secured by at
least one nut with at least one cotter
pin or other means of preventing its
failure;
(3) The lead of the towline is appropriate to prevent sharp bends in the
towline from fairlead blocks, chocks,
or tackle;
(4) There is provided a method,
whether mechanical or non-mechanical, that does not endanger operating
personnel but that easily releases the
towline;
(5) The towline is protected from abrasion or chafing by chafing gear, lagging, or other means;
(6) Except on board a vessel towing in
ice on Western Rivers or one using a
towline of synthetic or natural fiber,
there is fitted a winch that evenly
spools and tightly winds the towline;
and
(7) If a winch is fitted, there is attached to the main drum a brake that
has holding power appropriate for the
horsepower or bollard pull of the vessel
and can be operated without power to
the winch.
[CGD 94–020, 61 FR 35074, July 3, 1996, as
amended by USCG–1999–5151, 64 FR 67176,
Dec. 1, 1999]

§ 164.76 Towline and terminal gear for
towing alongside and pushing
ahead.
The owner, master, or operator of
each vessel towing alongside or pushing ahead shall ensure that the face
wires, spring lines, and push gear
used—
(a) Are appropriate for the vessel’s
horsepower;
(b) Are appropriate for the arrangement of the tow;
(c) Are frequently inspected; and
(d) Remain serviceable.
[CGD 94–020, 61 FR 35075, July 3, 1996]

§ 164.78 Navigation under way: Towing
vessels.
(a) The owner, master, or operator of
each vessel towing shall ensure that
each person directing and controlling
the movement of the vessel—
(1) Understands the arrangement of
the tow and the effects of maneuvering
on the vessel towing and on the vessel,
barge, or object being towed;
(2) Can fix the position of the vessel
using installed navigational equipment, aids to navigation, geographic
reference-points,
and
hydrographic
contours;
(3) Does not fix the position of the
vessel using buoys alone (Buoys are
aids to navigation placed in approximate positions either to alert mariners
to hazards to navigation or to indicate
the orientation of a channel. They may
not maintain exact charted positions,
because strong or varying currents,
heavy seas, ice, and collisions with vessels can move or sink them or set them
adrift. Although they may corroborate
a position fixed by other means, they
cannot fix a position; however, if no
other aids are available, buoys alone
may establish an estimated position.);
(4) Evaluates the danger of each closing visual or radar contact;
(5) Knows and applies the variation
and deviation, where a magnetic compass is fitted and where charts or maps
have enough detail to enable this type
of correction;
(6) Knows the speed and direction of
the current, and the set, drift, and
tidal state for the area to be transited;
(7) Proceeds at a safe speed taking
into account the weather, visibility,

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Coast Guard, DHS

§ 164.80

density of traffic, draft of tow, possibility of wake damage, speed and direction of the current, and local speedlimits; and
(8) Monitors the voyage plan required
by § 164.80.
(b) The owner, master, or operator of
each vessel towing shall ensure that
the tests and inspections required by
§ 164.80 are conducted and that the results are entered in the log or other
record carried on board.

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[CGD 94–020, 61 FR 35075, July 3, 1996, as
amended by USCG–2000–6931, 68 FR 22610,
Apr. 29, 2003; 69 FR 34068, June 18, 2004]

§ 164.80 Tests, inspections, and voyage
planning.
(a) The owner, master, or operator of
each towing vessel of less than 1,600 GT
shall ensure that the following tests
and inspections of gear occur before
the vessel embarks on a voyage of more
than 24 hours or when each new master
or operator assumes command:
(1) Steering-systems. A test of the
steering-gear-control system; a test of
the main steering gear from the alternative power supply, if installed; a
verification of the rudder-angle indicator relative to the actual position of
the rudder; and a visual inspection of
the steering gear and its linkage.
(2) Navigational equipment. A test of
all installed navigational equipment.
(3) Communications. Operation of all
internal vessel control communications and vessel-control alarms, if installed.
(4) Lights. Operation of all navigational lights and all searchlights.
(5) Terminal gear. Visual inspection of
tackle; of connections of bridle and
towing pendant, if applicable; of chafing gear; and of the winch brake, if installed.
(6) Propulsion systems. Visual inspection of the spaces for main propulsion
machinery, of machinery, and of devices for monitoring machinery.
(b) The owner, master, or operator of
each towing vessel of 1,600 GT or more
shall ensure that the following tests of
equipment occur at the frequency required by § 164.25 and that the following
inspections of gear occur before the
vessel embarks on a voyage of more
than 24 hours or when each new master
or operator assumes command:

(1) Navigational equipment. Tests of
onboard equipment as required by
§ 164.25.
(2) Terminal gear. Visual inspection of
tackle; of connections of bridle and
towing pendant, if applicable; of chafing gear; and of the winch brake, if installed.
(c)(1) The voyage-planning requirements outlined in this section do not
apply to you if your towing vessel is—
(i) Used solely for any of the following services or any combination of
these services—
(A) Within a limited geographic area,
such as a fleeting-area for barges or a
commercial facility, and used for restricted service, such as making up or
breaking up larger tows;
(B) For harbor-assist;
(C) For assistance towing as defined
by 46 CFR 10.103;
(D) For response to emergency or pollution;
(ii) A public vessel that is both
owned, or demise chartered, and operated by the United States Government
or by a government of a foreign country; and that is not engaged in commercial service;
(iii) A foreign vessel engaged in innocent passage; or
(iv) Exempted by the Captain of the
Port (COTP).
(2) If you think your towing vessel
should be exempt from these voyage
planning requirements for a specified
route, you should submit a written request to the appropriate COTP. The
COTP will provide you with a written
response granting or denying your request.
(3) If any part of a towing vessel’s intended voyage is seaward of the baseline (i.e., the shoreward boundary) of
the territorial sea of the U.S., then the
owner, master, or operator of the vessel, employed to tow a barge or barges,
must ensure that the voyage with the
barge or barges is planned, taking into
account all pertinent information before the vessel embarks on the voyage.
The master must check the planned
route for proximity to hazards before
the voyage begins. During a voyage, if
a decision is made to deviate substantially from the planned route, then the
master or mate must plan the new
route before deviating from the

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§ 164.82

33 CFR Ch. I (7–1–10 Edition)

planned route. The voyage plan must
follow company policy and consider the
following (related requirements noted
in parentheses):
(i) Applicable information from nautical charts and publications (also see
paragraph (b) of section 164.72), including Coast Pilot, Coast Guard Light
List, and Coast Guard Local Notice to
Mariners for the port of departure, all
ports of call, and the destination;
(ii) Current and forecast weather, including visibility, wind, and sea state
for the port of departure, all ports of
call, and the destination (also see paragraphs (a)(7) of section 164.78 and (b) of
section 164.82);
(iii) Data on tides and currents for
the port of departure, all ports of call,
and the destination, and the river
stages and forecast, if appropriate;
(iv) Forward and after drafts of the
barge or barges and under-keel and
vertical clearances (air-gaps) for all
bridges, ports, and berthing areas;
(v) Pre-departure checklists;
(vi) Calculated speed and estimated
time of arrival at proposed waypoints;
(vii) Communication contacts at any
Vessel Traffic Services, bridges, and facilities, and any port-specific requirements for VHF radio;
(viii) Any master’s or operator’s
standing orders detailing closest points
of approach, special conditions, and
critical maneuvers; and
(ix) Whether the towing vessel has
sufficient power to control the tow
under all foreseeable circumstances.

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[CGD 94–020, 61 FR 35075, July 3, 1996, as
amended by USCG–2000–6931, 68 FR 22610,
Apr. 29, 2003; 69 FR 34068, June 18, 2004]

§ 164.82 Maintenance, failure, and reporting.
(a) Maintenance. The owner, master,
or operator of each towing vessel shall
maintain operative the navigationalsafety equipment required by § 164.72.
(b) Failure. If any of the navigationalsafety equipment required by § 164.72
fails during a voyage, the owner, master, or operator of the towing vessel
shall exercise due diligence to repair it
at the earliest practicable time. He or
she shall enter its failure in the log or
other record carried on board. The failure of equipment, in itself, does not
constitute a violation of this rule; nor

does it constitute unseaworthiness; nor
does it obligate an owner, master, or
operator to moor or anchor the vessel.
However, the owner, master, or operator shall consider the state of the
equipment—along with such factors as
weather, visibility, traffic, and the dictates of good seamanship—in deciding
whether it is safe for the vessel to proceed.
(c) Reporting. The owner, master, or
operator of each towing vessel whose
equipment is inoperative or otherwise
impaired while the vessel is operating
within a Vessel Traffic Service (VTS)
Area shall report the fact as required
by 33 CFR 161.124. (33 CFR 161.124 requires that each user of a VTS report
to the Vessel Traffic Center as soon as
practicable:
(1) Any absence or malfunction of
vessel-operating equipment for navigational safety, such as propulsion machinery, steering gear, radar, gyrocompass, echo depth-sounding or other
sounding device, automatic dependent
surveillance equipment, or navigational lighting;
(2) Any condition on board the vessel
likely to impair navigation, such as
shortage of personnel or lack of current nautical charts or maps, or publications; and
(3) Any characteristics of the vessel
that affect or restrict the maneuverability of the vessel, such as arrangement of cargo, trim, loaded condition,
under-keel clearance, and speed.)
(d) Deviation and authorization. The
owner, master, or operator of each towing vessel unable to repair within 96
hours an inoperative marine radar required by § 164.72(a) shall so notify the
Captain of the Port (COTP) and shall
seek from the COTP both a deviation
from the requirements of this section
and an authorization for continued operation in the area to be transited.
Failure of redundant navigational-safety equipment, including but not limited to failure of one of two installed
radars, where each satisfies § 164.72(a),
does not necessitate either a deviation
or an authorization.
(1) The initial notice and request for
a deviation and an authorization may
be spoken, but the request must also be

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Coast Guard, DHS

Pt. 165

written. The written request must explain why immediate repair is impracticable, and state when and by whom
the repair will be made.
(2) The COTP, upon receiving even a
spoken request, may grant a deviation
and an authorization from any of the
provisions of §§ 164.70 through 164.82 for
a specified time if he or she decides
that they would not impair the safe
navigation of the vessel under anticipated conditions.
[CGD 94–020, 61 FR 35075, July 3, 1996]

PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
Subpart A—General
Sec.
165.1 Purpose of part.
165.3 Definitions.
165.5 Establishment procedures.
165.7 Notification.
165.8 Geographic coordinates.
165.9 Geographic application of limited and
controlled access areas and regulated
navigation areas.

Subpart B—Regulated Navigation Areas
165.10 Regulated navigation areas.
165.11 Vessel operating requirements (regulations).
165.13 General regulations.

Subpart C—Safety Zones
165.20
165.23

Safety zones.
General regulations

165.30
165.33

Security zones.
General regulations.

Subpart D—Security Zones

Subpart E—Restricted Waterfront Areas
165.40

Restricted waterfront areas.

Subpart F—Specific Regulated Navigation
Areas and Limited Access Areas

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FIRST COAST GUARD DISTRICT
165.T01–0176 Regulated Navigation Area;
Lake Champlain Bridge Construction,
Crown Point, New York and Chimney
Point, Vermont.
165.T01–0239 Safety zones; Marine events
within the Captain of the Port Sector
Northern New England area of responsibility.

165.T01–0315 Safety zones; Marine Events
within the Captain of the Port Sector
Northern New England Area of Responsibility, July through September.
165.T01–0519 Safety zone; ship repair in Penobscot Bay, ME.
165.T01–0542 Safety zones: Neptune Deepwater Port, Atlantic Ocean, Boston, MA.
165.100 Regulated Navigation Area: Navigable waters within the First Coast
Guard District.
165.101 Kittery, Maine—regulated navigation area.
165.102 Security
Zone:
Walkers
Point,
Kennebunkport, ME.
165.103 Safety and Security Zones; LPG
Vessel Transits in Portland, Maine, Captain of the Port Zone, Portsmouth Harbor, Portsmouth, New Hampshire.
165.104 Safety Zone: Vessel Launches, Bath
Iron Works, Kennebec River, Bath,
Maine.
165.105 Security Zones; Passenger Vessels,
Portland, Maine, Captain of the Port
Zone.
165.106 Security Zone: Seabrook Nuclear
Power Plant, Seabrook, New Hampshire.
165.110 Safety and Security Zone; Liquefied
Natural Gas Carrier Transits and Anchorage Operations, Boston, Massachusetts.
165.111 Safety Zone: Boston Harbor, Boston,
Massachusetts.
165.112 Safety Zone: USS CASSIN YOUNG,
Boston, Massachusetts.
165.113 Security Zone: Dignitary arrival/departure Logan International Airport,
Boston, MA.
165.114 Safety and Security Zones: Escorted
Vessels—Boston Harbor, Massachusetts.
165.115 Safety and Security Zones; Pilgrim
Nuclear Power Plant, Plymouth, Massachusetts.
165.116 Safety and Security Zones; Salem
and Boston Harbors, Massachusetts.
165.117 Regulated Navigation Areas, Safety
and Security Zones: Deepwater Ports,
First Coast Guard District.
165.120 Safety Zone: Chelsea River, Boston
Inner Harbor, Boston, MA.
165.121 Safety and Security Zones: High Interest Vessels, Narragansett Bay, Rhode
Island.
165.122 Regulated Navigation Area: Navigable waters within Narragansett Bay
and the Providence River, Rhode Island.
165.130 Sandy Hook Bay, New Jersey—security zone.
165.140 New London Harbor, Connecticut—
security zone.
165.141 Safety Zone: Sunken vessel EMPIRE
KNIGHT, Boon Island, ME.
165.150 New Haven Harbor, Quinnipiac
River, Mill River.
165.151 Safety Zones; Long Island Sound annual fireworks displays.

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