1625-0082 Stat/Authority

kking on DSK6VXHR33PROD with CFR

Coast Guard, DHS

§ 164.82

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
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.
[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

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Pt. 165

33 CFR Ch. I (7–1–23 Edition)

kking on DSK6VXHR33PROD with CFR

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 Table 161.18(a) row Q.
(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
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, as
amended by USCG–2020–0304, 85 FR 58280,
Sept. 18, 2020]

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

Subpart D—Security Zones
165.30
165.33

Security zones.
General regulations.

Subpart E—Restricted Waterfront Areas
165.40

Restricted waterfront areas.

Subpart F—Specific Regulated Navigation
Areas and Limited Access Areas
FIRST COAST GUARD DISTRICT
165.T01–0134 Safety Zone; Falls Bridge
Project, Blue Hill, ME.
165.T01–0575 Safety Zone; Boston Harbor’s
Improvement Dredging Project, Boston,
MA.
165.T01–0606 Safety Zone; North Washington
Street Bridge Replacement Project—
Charles River, Boston, MA.
165.T01–0682 Safety
Zone—North
HeroGrand Isle Bridge, Lake Champlain, VT.
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.

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