(2337) (2) When the reserve power supply includes an engine driven generator, proof of the adequacy of the engine fuel supply to operate the unit continuously for the required time may be established by using as a basis the fuel consumption during a continuous period of one hour when supplying power, at the voltage required for normal operation, to an electrical load as prescribed by paragraph (3)(e) of this section.

(2338) (3) For the purposes of determining the electrical load to be supplied, the following formula must be used:

(2339) (i) One-half of the current of the radiotelephone while transmitting at its rated output, plus one-half the current while not transmitting; plus

(2340) (ii) Current of the required receiver; plus

(2341) (iii) Current of the source of illumination provided for the operating controls prescribed by Section 80.969; plus

(2342) (iv) The sum of the currents of all other loads to which the reserve power supply may provide power in time of emergency or distress.

(2343) (4) At the conclusion of the test specified in paragraphs (e)(1) and (2) of this section, no part of the reserve power supply must have excessive temperature rise, nor must the specific gravity or voltage of any battery be below the 90 percent discharge point.

(2344) §80.967 Antenna system.

(2345) The antenna must be omnidirectional, vertically polarized and located as high as practicable on the masts or superstructure of the vessel.

(2346) §80.969 Illumination of operating controls.

(2347) (a) The radiotelephone must have dial lights which illuminate the operating controls at the principal operating position. (2348) (b) Instead of dial lights, a light from an electric lamp may be provided to illuminate the operating controls of the radiotelephone at the principal operating position. If a reserve power supply is required, arrangements must permit the use of that power supply for illumination within one minute.

(2349) 880.971 Test of radiotelephone installation.

(2350) At least once during each calendar day a vessel subject to the Great Lakes Radio Agreement must test communications on 156.800 MHz to demonstrate that the radiotelephone installation is in proper operating condition unless the normal daily use of the equipment demonstrates that this installation is in proper operating condition. If equipment is not in operating condition, the master must have it restored to effective operation as soon as possible.

(2351) Canadian Regulations.

(2352) Canadian Charts and Publications Regulations.-His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 400 of the Canada Shipping Act and section 739 of the Canada Shipping Act, as enacted by section 2 of an Act to Amend the Canada Shipping Act Chapter 27 of the Statutes of Canada, 1970-1971, is pleased hereby (Canada Gazette, Part II, Vol. 106, No. 15, dated 28 July, 1972) to make the annexed Regulations requiring ships to have on board, maintain and use appropriate charts, tide tables, lists of lights and other nautical publications, effective October 1st, 1972, as amended:

(2353) Short Title.

(2354) 1. These Regulations may be cited as the Charts and Publications Regulations.

(2355) Interpretation.

(2356) 2. In these Regulations "chart" means a nautical chart; "Information Bulletin”, in respect of an area to be navigated by a

ship, means the chart catalogue for that area published by the Canadian Hydrographic Service; "national authority" means the government of a country; “ship” includes every description of vessel used in navigation and not propelled by oars.

Part 1-Ships in Canadian Waters and Fishing Zones (2357) Application.

(2358) 3.(1) Subject to subsection (2), this Part applies to all selfpropelled ships, other than ships of war, in

(2359) (a) Canadian waters south of the sixtieth parallel of north latitude;

(2360) (b) Canadian waters north of the sixtieth parallel of north latitude that are not within a shipping safety control zone prescribed pursuant to the Arctic Waters Pollution Prevention Act; and

(2361) (c) a fishing zone of Canada prescribed pursuant to the Territorial Sea and Fishing Zones Act.

(2362) (2) This Part does not apply to a ship that is of less than 100 tons, gross tonnage, if the person in charge of the navigation of that ship

(2363) (a) is informed of the location and character of charted (2364) (i) shipping routes,

(2365) (ii) lights, buoys and marks, and

(2366) (iii) navigational hazards, and

(2367) (b) has a general knowledge of the prevailing navigational conditions in the area in which the ship is to be navigated. (2368) Carriage of Charts and Publications.

(2369) 4.(1) Every ship shall have on board, in respect of each area to be navigated by the ship, at least the latest editions of such charts and the most recent issues of such publications as are necessary for the ship to comply with sections 5 to 7.

(2370) (2) When making a voyage described in column I of an item of the schedule, every ship shall, in addition to the charts required by subsection (1), have on board

(2371) (a) the latest editions of the Canadian Hydrographic Service charts described in column II of that item; or

(2372) (b) the latest editions of the charts published by any national authority that

(2373) (i) cover the same area as,

(2374) (ii) are at least as complete, accurate, intelligible and upto-date as, and

(2375) (iii) are at a scale that is at least 75 percent of the scale of the latest editions of the charts described in column II of that item. (2376) Use of Charts.

(2377) 5.(1) Subject to subsection (2), every ship shall, in respect of the immediate area in which the ship is located, make proper navigational use of a chart that

(2378) (a) is published by a national authority; (2379) (b) covers that immediate area; and

(2380) (c) provides a representation of the area covered by the chart that is

(2381) (i) as complete, accurate, intelligible and up-to-date as, and

(2382) (ii) at a scale that is at least 75 per cent of the scale of the largest scale chart described in the most recent issue of the Information Bulletin that is a chart of that immediate area.

(2383) (2) Where a ship is located

(2384) (a) more than five nautical miles from any charted feature or charted depth of water that represents a potential hazard to the ship, or

(2385) (b) within the area covered by a chart described in the most recent issue of the Information Bulletin as a chart

(2386) (i) primarily intended for the use of pleasure craft, or (2387) (ii) primarily of an anchorage, a river or a harbour that is not entered by the ship, paragraph (1)(c) shall be deemed to refer to the second-largest scale chart of that immediate area as described in the most recent issue of the Information Bulletin, if that second-largest scale chart is at a scale of not less than 1:400,000 (5.486 nautical miles to the inch or 2.160 nautical miles to the centimeter).

(2388) Use of Other Publications.

(2389) 6.(1) Subject to subsections (2) and (3), every ship shall, in respect of each area to be navigated by the ship, make proper navigational use of

(2390) (a) the following Canadian Government publications: (2391) (i) tide and current tables;

(2392) (ii) sailing directions;

(2393) (iii) Lists of Lights, Buoys and Fog Signals;

(2394) (iv) where the ship is fitted with radio equipment, Radio Aids to Marine Navigation;

(2395) (v) Code of Navigation Practices and Procedures; and (2396) (vi) where the ship is making a voyage during which ice may be encountered, Ice Navigation in Canadian Waters; (2397) (b) the Information Bulletin; and

(2398) (c) the annual edition of Canadian Notices to Mariners. (2399) (2) A publication of any national authority may be substituted for any Canadian Government publication described in paragraph (1)(a), if the publication is, in respect of information that may affect the safe navigation of the ship in the area being navigated, as complete, accurate, intelligible and up-to-date as the Canadian Government publication.

(2400) (3) No ship need use the List of Lights, Buoys and Fog Signals if the information contained in that publication that may affect the safe navigation of the ship is described on the charts used by the ship.

(2401) Maintenance.

(2402) 7. Every ship shall ensure that any chart or publication required by this Part to be on board the ship is, before being used in the navigation of the ship, corrected up-to-date from information that may affect the safe navigation of the ship and that is contained in a notice to mariners or a radio navigation warning. (2403) Exception.

(2404) 8. Notwithstanding the provisions of this Part, a ship shall be deemed not to have contravened this Part if, before the ship navigated an area for which a chart or publication is required and after the ship was informed that it would be navigating that area, it was not possible for the ship

(2405) (a) to obtain the required chart or publication at any harbour at which the ship called;

(2406) (b) to obtain safely and legally the required chart or publication at any harbour that the ship passed at such a distance that it would not have been unreasonable for the ship to obtain the chart or publication at that harbour; or

(2407) (c) to receive a radio navigation warning containing information that may have affected the safe navigation of the ship in that area.

Part II-Canadian Ships in Waters Other Than Canadian Waters or Fishing Zones

(2408) Application.

(2409) 9.(1) Subject to subsection (2), this Part applies to all selfpropelled Canadian ships, other than ships of war, in waters other than

(2410) (a) Canadian waters;

(2411) (b) a shipping safety control zone prescribed pursuant to the Arctic Waters Pollution Prevention Act; and

(2412) (c) a fishing zone of Canada prescribed pursuant to the Territorial Sea and Fishing Zones Act.

(2413) (2) This Part does not apply to a ship that is of less than 100 tons, gross tonnage, if the person in charge of the navigation of that ship

(2414) (a) is informed of the location and character of charted (2415) (i) shipping routes,

(2416) (ii) lights, buoys and marks, and

(2417) (iii) navigational hazards, and

(2418) (b) has a general knowledge of the prevailing navigational conditions in the area in which the ship is to be navigated. (2419) Conflict of Laws.

(2420) 10. In the event of any inconsistency between this Part and the laws of a country other than Canada that are applicable to a Canadian ship within its territorial waters or fishing zones, the laws of that country prevail to the extent of the inconsistency. (2421) Responsibility of Owner and Master.

(2422) 11. The owner and master of every ship to which this Part applies shall ensure that the ship complies with the requirements of this Part.

(2423) Carriage of Charts and Publications.

(2424) 12. Every ship shall have on board, in respect of each area to be navigated by the ship, at least the latest editions of such charts and the most recent issues of such publications as are necessary for the ship to comply with sections 13 to 16. (2425) Use of Charts.

(2426) 13.(1) Subject to subsection (2), every ship shall, in respect of the immediate area in which the ship is located, make proper navigational use of a chart that

(2427) (a) is published by a national authority; (2428) (b) covers that immediate area; and

(2429) (c) provides a representation of the area covered by the chart that is

(2430) (i) as complete, accurate, intelligible and up-to-date as, and

(2431) (ii) at a scale that is at least 75 per cent of the scale of the largest scale chart described in the chart catalogue specified in section 15 that is a chart of that immediate area.

(2432) (2) where a ship is located,

(2433) (a) more than five nautical miles from any charted feature or charted depth of water that represents a potential hazard to the ship, or

(2434) (b) within the area covered by a chart described in the chart catalogue specified in section 15 as a chart

(2435) (i) primarily intended for the use of pleasure craft, or (2436) (ii) primarily of an anchorage, a river or a harbour that is not entered by the ship, paragraph (1)(c) shall be deemed to refer to the second largest scale chart of that immediate area as described in the chart catalogue specified in section 15, if that second largest scale chart is at a scale of not less than 1:400,000 (5.486 nautical miles to the inch or 2.160 nautical miles to the centimetre).

(2437) Use of Other Publications.

(2438) 14.(1) Subject to subsections (2) and (3), every ship shall, in respect to each area to be navigated by the ship, make proper navigational use of

(2439) (a) the following publications described in the chart catalogue specified in section 15:

(2440) (i) tide and current tables;

(2441) (ii) sailing directions;

(2442) (iii) list of lights; and

(2443) (iv) where the ship is fitted with radio equipment, list of radio aids to marine navigation;

(2444) (b) the following Canadian Government publications: (2445) (i) the annual edition of Notices to Mariners;

(2446) (ii) Code of Navigation Practices and Procedures; and (2447) (iii) where the ship is making a voyage during which ice may be encountered, Ice Navigation in Canadian Waters; and (2448) (c) the chart catalogue specified in section 15.

(2449) (2) A publication of any national authority may be substituted for any publication described in paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) if the publication is, in respect of information that may affect the safe navigation of the ship in the area to be navigated; as complete, accurate, intelligible and up-todate as the publication for which it is to be substituted.

(2450) (3) No ship need use the list of lights if the information contained in that publication that may affect the safe navigation of the ship is described on the charts used by the ship.

(2451) Chart Catalogue.

(2452) 15. The most recent issue of the chart catalogue published by the Government of Great Britain, the United States or Canada, whichever one provides the most complete, accurate, intelligible and up-to-date navigational coverage for the territorial sea, fishing zone or region of the high sea that is to be navigated, shall be the

chart catalogue used for the selection of charts and publications required by this Part.

(2453) Maintenance.

(2454) 16. Every ship shall ensure that any chart or publication required by this Part to be on board the ship is, before being used in the navigation of the ship, corrected up-to-date from information that may affect the safe navigation of the ship and that is contained in a notice to mariners or a radio navigation warning. (2455) Exception.

(2456) 17. Notwithstanding the provisions of this Part, the owner or master of a ship shall be deemed not to have contravened this Part if, before the ship navigated an area for which a chart or publication is required and after the ship was informed that it would be navigating that area, it was not possible for the ship

(2457) (a) to obtain the required chart or publication at any harbour at which the ship called;

(2458) (b) to obtain safely and legally the required chart or publication at any harbour that the ship passed at such a distance that it would not have been unreasonable for the ship to obtain the chart or publication at that harbour; or

(2459) (c) to receive a radio navigation warning containing information that may have affected the safe navigation of the ship in that area.

(1)

The Great Lakes system includes Lakes Ontario, Erie, Huron, Michigan, and Superior, their connecting waters, and the St. Lawrence River. It is one of the largest concentrations of fresh water on the earth. The system, including the St. Lawrence River above Iroquois Dam, has a total shoreline of about 11,000 statute miles (9,559 nm), a total water surface area of about 95,000 square statute miles (24,600,000 hectares), and a total drainage basin of almost 300,000 square statute miles (77,700,000 hectares). With the opening of the St.Lawrence Seaway, the system provides access by oceangoing deep-draft vessels to the great industrial and agricultural heartland of the North American continent. From the Strait of Belle Isle at the mouth of the Gulf of St. Lawrence, the distance via the St. Lawrence River to Duluth, MN, at the head of Lake Superior is about 2,340 statute miles (2,033 nm) and to Chicago, IL, near the S end of Lake Michigan is about 2,250 statute miles (1,955 nm). About 1,000 statute miles (870 nm) of each of these distances is below Montreal, the head of deep-draft ocean navigation on the St. Lawrence River.

(2) Small craft and barge traffic may also reach the Great Lakes via two shallow-draft routes; from the Gulf of Mexico via the Mississippi River and the Illinois Waterway to Lake Michigan at Chicago, IL, a distance of about 1,530 statute miles (1,329.5nm), and from New York Harbor via the Hudson River and the New York State Barge Canal System to Lake Ontario at Oswego, N.Y., a distance of 340 statute miles (295.5 nm), or to the Niagara Riverat Tonawanda, N.Y., a distance of 496 statute miles (431 nm).

(3) The following table shows the controlling dimensions for these three routes and for other canals within the Great Lakes system.

(37) The St. Lawrence Seaway includes the waters of the St. Lawrence River above Montreal, Lake Ontario, the Welland Canal, and Lake Erie as far W as Long Point. The canals and locks of the Seaway overcome the rapids and water level differences in the St. Lawrence River between the ocean and Lake Ontario and between Lake Ontario and Lake Erie and enable deep-draft oceangoing vessels to proceed from the Atlantic Ocean to Lake Superior, the farthest inland major lake. The development, operation, and maintenance of the Seaway are under the joint control of The Saint Lawrence Seaway Development Corporation, a corporate agency of the United States, and The St. Lawrence Seaway Authority of Canada. The Corporation headquarters is in Washington, D.C., and the operational field headquarters is in Massena, N.Y. The Authority headquarters is in Ottawa, Ont., with field offices in Cornwall, St. Lambert, and St. Catharines. (See appendix for addresses.)

(38) The Corporation and the Authority jointly publish the Seaway Handbook, which contains regulations issued by the respective governments and other information relating to operational requirements of vessels transiting the Seaway. The Handbook also contains a schedule of Seaway tolls. The regulations contained in the Handbook are also codified in 33 CFR 401. A copy of the regulations is required to be kept on board every vessel transiting the Seaway. (See 33 CFR 401, chapter 2.)

(39) The Corporation and the Authority each issue Seaway Notices, which contain information on changes in aids to navigation and other information relating to safety of navigation in the Seaway. The information contained in the notices is also broadcast by Seaway radio stations. The Seaway Notices are available at appropriate locks and canals and at the offices of the Seaway entities.

(40) Aids to navigation in U.S. waters of the Seaway between St. Regis and the head of the St. Lawrence River are operated and maintained by The Saint Lawrence Seaway Development Corporation and are described in the U.S. Coast Guard Light List. Buoys off station, lights extinguished or malfunctioning, and other defective conditions should be reported promptly, by radio or other

103

means, to the nearest Coast Guard unit or to Massena traffic control center via "Seaway Eisenhower" or "Seaway Clayton."

(41)

Vessel Traffic Services.-A Vessel Traffic Service (VTS) has been established in St. Marys River. The Service has been established to prevent collisions and groundings, to protect improvements to the waterway, and to protect the navigable waters from environmental harm.

(42) The Vessel Traffic Service provides for a Vessel Traffic Center (VTC), voice call, "Soo Control," that may regulate the routing and movement of vessels by movement reports of vessels, specific reporting points, and VHF-FM radio communications. The Service includes one- and two-way traffic areas, areas of allowed and prohibited anchorage, and speed limits.

(43) Participation in the Vessel Traffic Service (St. Marys River) is mandatory. (See 33 CFR 161.801 through 161.894, chapter 2, for regulations affecting vessel operations in the Vessel Traffic Service, and chapter 12 for details.)

(44) The Canadian Coast Guard operates a Vessel Traffic Service (VTS) in Canadian waters from Long Point in Lake Erie through the Detroit and St.Clair Rivers to De Tour Reef Light in Lake Huron. The service is mandatory from Detroit River East Outer Channel Lighted Buoy 1 and West Outer Channel Lighted Bell Buoy 1 to a point 30 minutes N of Lake Huron Cut Lighted Horn Buoy 11. The service is voluntary in the remaining waters. The service is designed to enhance the safe and expeditious movement of marine traffic by encouraging the monitoring of a common radio frequency by vessels within each sector of the service. The service provides users with information on traffic situations pertaining to no meeting zones, as well as information to pilots, the St. Lawrence Seaway Authority, the public, vessel owners, and shipping agents.

(45) The service is divided into two traffic sectors, each with a specific operating frequency: Sector 1, VHF-FM channel 11, the Canadian waters from De Tour Reef Light to Lake St. Clair Light in Lake St. Clair; and Sector 2, VHF-FM channel 12, the Canadian waters from Lake St. Clair Light to Long Point Light in Lake Erie.

(46) The VTS is administered by the VTS Center at Sarnia, Ont., at the head of the St. Clair River. The center is equipped with VHF transmitting and receiving facilities both locally and from remote sites. Participating vessels should report their name and ETA at the next calling-in point to the VTS Center and, on request, will receive all reported information on vessel traffic in their area. In the voluntary participation areas of the VTS, calling-in points are located in Lake Erie abeam Long Point Light and abeam Southeast Shoal Light and in Lake Huron abeam Harbor Beach Light or Point Clark Light, abeam Cove Island Light, abeam Great Duck Island Light, and abeam De Tour Reef Light. A voluntary calling-in point is within the mandatory area of the VTS at Lake Huron Cut Lighted Buoy 11. Calling-in points in the mandatory participation areas of the VTS are identical to those of the U.S. Coast Guard vessel traffic reporting system described in 33 CFR 162.130 through 162.140 (see chapter 2). (For complete information on the VTS, including calling-in points and message content, refer to the Annual Edition of Canadian Notices to Mariners.) (47) Mariners are cautioned that not all vessels navigating in the voluntary areas of the service may be participating. The service is in no way an attempt by the Canadian Coast Guard to regulate the navigation or maneuvering of vessels from a shore station. The VTS does not override the responsibility of the master for the

safe navigation of his vessel in accordance with the Navigation Rules.

(48) Navigation regulations.-The U.S. Coast Guard has established a vessel traffic reporting system and related navigation regulations for the connecting waters from Lake Erie to Lake Huron. The reporting system is operated through the Canadian Vessel Traffic Service Center at Sarnia, Ont. (See 33 CFR 162.130 through 162.140, chapter 2, for complete information.)

(49) Vessel Traffic Management.-A Vessel Traffic Management Contingency Plan (VTM) for the Detroit and St. Clair Rivers has been agreed upon by the United States Coast Guard and the Canadian Department of Transport. The purpose of the system is to enhance the safety of navigation in the rivers during periods of exceptionally hazardous navigation conditions and to protect the navigable waters of the rivers from environmental harm. These objectives are accomplished by establishing criteria for allowing vessels to transit the system, by managing vessel entries and transits of the system, and by establishing no passing zones as required. The system is implemented only in cases of emergency, upon agreement of the Commander, U.S. Coast Guard Ninth District, and the Director, Central Region, Canadian Department of Transport. The implementation will be promulgated through Broadcast Notice to Mariners.

(50) This VTM system applies to all vessels 65 feet (19.8 meters) or over in length, all commercial vessels 26 feet (7.9 meters) or over in length when engaged in towing another vessel astern, alongside, or by pushing ahead, and each dredge or floating plant operating in the VTM area. Vessels in Sector 1 of the system, the Detroit River and Lake St. Clair S of Lake St. Clair Light, shall communicate with Detroit Vessel Traffic Center on VHF-FM channel 12. Vessels in Sector 2, Lake St. Clair N of Lake St. Clair Light and St. Clair River, shall communicate with Sarnia Vessel Traffic Center on VHF-FM channel 11. The secondary communications frequency for both sectors is VHF-FM channel 16. Complete information on the system, including calling-in points and message content, is contained in the pamphlet Agreement on Vessel Traffic Management Contingency Plan for the Detroit and St. Clair Rivers, available from the Canadian Coast Guard Vessel Traffic Center in Sarnia, Ontario.

(54)

Potable Water Intakes.-Vessels operating on freshwater lakes or rivers including the Great Lakes and connecting waters shall not discharge sewage, ballast, or bilge water, within the restricted areas adjacent to potable water intakes as are designated by the Surgeon General of the United States. (See 21 CFR 1250.93, chapter 2.)

(55) Note.-This regulation, originally published under Title 42, Public Health, by the U.S. Public Health Service, is published in Title 21, Food and Drugs; cognizant agency, Food and Drug Administration.