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Guard. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 647; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

CHANGE OF NAME

"Commandant of the Coast Guard" was substituted for "Board of Supervising Inspectors of Steam Vessels" on authority of 1946 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. Such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

Similar rules

CROSS REFERENCES

Navigation rules for harbors, rivers and inland water generally, see section 178 (b) of this title. Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see sections 316 (b) and 321 of this title.

§ 260. Lights of open boat (Rule 11).

Open boats shall not be obliged to carry the side lights required for other vessels, but shall, if they do not carry such lights, carry a lantern having a green slide on one side and a red slide on the other side; and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, and in such a manner that the green light shall not be seen on the port side, nor the red light on the starboard side. Open boats, when at anchor or stationary, shall exhibit a bright white light. They shall not, however, be prevented from using a flare-up in addition if considered expedient. (Feb. 8,1895, ch. 64, § 1, 28 Stat. 647.)

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§ 262. Suspension of lights by vessel of war or Coast Guard vessels (Rule 13).

The exhibition of any light on board of a vessel of war or Coast Guard vessel of the United States may be suspended whenever, in the opinion of the Secretary of the Navy, the commander in chief of a squadron, or the commander of a vessel acting singly, the special character of the service may require it. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 647; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 496, 561.)

AMENDMENTS

1949-Act Aug. 4, 1949, reestablished the Coast Guard and repealed act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800. EFFECTIVE DATE OF 1949 AMENDMENT

Amendment of section by act Aug. 4, 1949, effective the first day of the third month after the month of approval, August 1949, see note set out preceding chapter 1 of Title 14, Coast Guard.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. CROSS REFERENCES

Exemption of certain Navy and Coast Guard vessels from navigation rules concerning lights, see sections 360, 360a, and 1052 of this title.

Similar rules

Navigation rules for harbors, rivers and inland waters generally, see section 222 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 323 of this title.

SOUND SIGNALS FOR FOG, ETC.; SPEED CROSS REFERENCES

Sounding signal devices on motorboats, see sections 526c and 526d of Title 46, Shipping.

§ 271. Sound signals in fog, etc., of steam and sailing vessels under way, at anchor or aground (Rule 14). A steam vessel shall be provided with an efficient whistle, sounded by steam or by some substitute for steam, placed before the funnel not less than eight feet from the deck, or in such other place as the Coast Guard shall determine, and of such character as to be heard in ordinary weather at a distance of at least two miles, and with an efficient bell, and it is made the duty of the United States Coast Guard when inspecting the same to require each steamer to be furnished with such whistle and bell. A sailing vessel shall be provided with an efficient fog horn and with an efficient bell.

Whenever there is thick weather by reason of fog, mist, falling snow, heavy rainstorms, or other causes, whether by day or by night, fog signals shall be used as follows:

(a) A steam vessel under way, excepting only a steam vessel with raft in tow, shall sound at intervals of not more than one minute three distinct blasts of her whistle.

(b) Every vessel in tow of another vessel shall, at intervals of one minute, sound four bells on a good and efficient and properly placed bell as follows: By striking the bell twice in quick succession, followed by a little longer interval, and then again striking twice in quick succession (in the manner in which four bells is struck in indicating time).

(c) A steamer with a raft in tow shall sound at Intervals of not more than one minute a screeching or Modoc whistle for from three to five seconds.

(d) A sailing vessel under way and not in tow shall sound at intervals of not more than one minute

If on the starboard tack with wind forward of abeam, one blast of her fog horn;

If on the port tack with wind forward of the beam, two blasts of her fog horn;

If she has the wind abaft the beam on either side, three blasts of her fog horn.

(e) A vessel at anchor and a vessel aground in or near a channel or fairway shall at intervals of not more than two minutes ring the bell rapidly for from three to five seconds and, in addition, at intervals of not more than three minutes shall sound on the whistle or horn a signal of one short blast, two long blasts, and one short blast in quick succession.

(f) Vessels of less than ten tons registered tonnage, not being steam vessels, shall not be obliged to give the above-mentioned signals, but if they do not they shall make some other efficient sound signal at intervals of not more than one minute.

(g) Produce boats, fishing boats, rafts, or other water craft navigating by hand power or by the current of the river, or anchored or moored in or near the channel or fairway and not in any port, and not otherwise provided for in these rules, shall sound a fog horn or equivalent signal, at intervals of not more than one minute. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 647: 1946 Reorg. Plan No. III, §§ 101104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097; Mar. 18, 1948, ch. 138, § 4, 62 Stat. 82.)

AMENDMENTS

1948-Subd. (e). Act Mar. 18, 1948, added provision requiring sounding of whistle or horn.

CHANGE OF NAME

References to local inspectors of steam vessels were changed to the Coast Guard on authority of 1946 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power

vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1. 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. Such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

Similar rules

CROSS REFERENCES

International rules for navigation at sea, see section 1076 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 191 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributarles, see section 331 of this title.

§ 272. Speed in fog, etc. (Rule 15).

Every vessel shall, in thick weather, by reason of fog, mist, falling snow, heavy rain storms, or other causes, go at moderate speed. A steam vessel hearing, apparently not more than four points from right ahead, the fog signal of another vessel shall at once reduce her speed to bare steerageway, and navigate with caution until the vessels shall have passed each other. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 648.)

Similar rules

CROSS REFERENCES

International rules for navigation at sea, see section 1077 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 192 of this title. Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 341 of this title.

STEERING AND SAILING RULES

§ 281. Sailing vessels approaching one another (Rule 16).

When two sailing vessels are approaching one another so as to involve risk of collision one of them shall keep out of the way of the other, as follows, namely:

(a) A vessel which is running free shall keep out of the way of a vessel which is close-hauled.

(b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close-hauled on the starboard tack.

(c) When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other.

(d) When they are running free, with the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 648.)

Similar rules

CROSS REFERENCES

International rules for navigation at sea, see section 1079 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 202 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 342 of this title.

§ 282. Steam vessels meeting end on (Rule 17).

When two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision each shall alter her course to starboard, so that each shall pass on the port side of the other. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 648.)

CROSS REFERENCES

Narrow channels and certain rivers, right of way, see section 289 of this title.

Similar rules

International rules for navigation at sea, see section 1080 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 203 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 343 of this title.

§ 283. Steam vessels crossing (Rule 18).

When two steam vessels are crossing so as to involve risk of collision the vessel which has the other on her own starboard side shall keep out of the way of the other. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 648.)

Similar rules

CROSS REFERENCES

International rules for navigation at sea, see section 1081 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 204 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 344 of this title.

§ 284. Steam and sailing vessels meeting (Rule 19).

When a steam vessel and a sailing vessel are proceeding in such directions as to involve risk of collision the steam vessel shall keep out of the way of the sailing vessel. This rule shall not give to a sailing vessel the right to hamper, in a narrow channel, the safe passage of a steam vessel which can navigate only inside that channel. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 648; Nov. 5, 1966, Pub. L. 89-764, § 3, 80 Stat. 1313.)

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International rules for navigation at sea, see section 1086 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 209 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 347 (a) of this title.

§ 288. Whistle signals of steam vessels to indicate course (Rule 23).

In all weathers every steam vessel under way in taking any course authorized or required by these rules shall indicate that course by the following signals on her whistle, to be accompanied whenever required by corresponding alteration of her helm; and every steam vessel receiving a signal from another shall promptly respond with the same signal or, as provided in section 291 of this title:

One blast to mean, "I am directing my course to starboard."

Two blasts to mean, "I am directing my course to port." But the giving or answering signals by a vessel required to keep her course shall not vary the duties and obligations of the respective vessels. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 649.)

Similar rules

CROSS REFERENCES

International rules for navigation at sea, see section 1090 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 203 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 343 of this title.

§ 289. Steam vessels meeting in narrow channels having current and certain rivers; right-of-way (Rule 24).

In all narrow channels where there is a current, and in the rivers Saint Mary, Saint Clair, Detroit, Niagara, and Saint Lawrence, when two steamers are meeting, the descending steamer shall have the right-of-way, and shall, before the vessels shall have arrived within the distance of one-half mile of each other, give the signal necessary to indicate which side she elects to take.

In all narrow channels a steam vessel of less than sixty-five feet in length shall not hamper the safe passage of a vessel which can navigate only inside that channel. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 649; Nov. 5, 1966, Pub. L. 89-764, § 4, 80 Stat. 1313.)

AMENDMENTS

1966-Pub. L. 89-764 inserted sentence providing that in all narrow channels a steam vessel of less than sixtyfive feet in length shall not hamper the safe passage of a vessel which can navigate only inside that channel.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment of section by Pub. L. 89-764 effective as of the ninetieth day after Nov. 5, 1966, see section 7 of Pub. L. 89-764, set out as a note under section 205 of this title.

§ 290. Steam vessels passing in narrow channels; slackening speed (Rule 25).

In all channels less than five hundred feet in width, no steam vessel shall pass another going in the same direction unless the steam vessel ahead be disabled or signify her willingness that the steam vessel astern shall pass, when the steam vessel astern may pass, subject, however, to the other rules applicable to such a situation. And when steam vessels proceeding in opposite directions are about to meet in such channels, both such vessels shall be slowed down to a moderate speed, according to the circumstances. (Feb. 8, 1895, ch. 64, §1, 28 Stat.

649.)

§ 291. Dissent to or misunderstanding of signal given; duty to reduce speed (Rule 26).

If the pilot of a steam vessel to which a passing signal is sounded deems it unsafe to accept and assent to said signal, he shall not sound a cross signal; but in that case, and in every case where the pilot of one steamer fails to understand the course or intention of an approaching steamer, whether from signals being given or answered erroneously, or from other causes, the pilot of such steamer so receiving the first passing signal, or the pilot so in doubt, shall sound several short and rapid blasts of the whistle; and if the vessels shall have approached within half a mile of each other both shall reduce their speed to bare steerageway, and, if necessary, stop and re(Feb. 8, 1895, ch. 64, § 1, 28 Stat. 649.)

verse.

Similar rules

CROSS REFERENCES

Navigation rules for harbors, rivers and inland waters generally, see section 203 of this title. Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 349 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 288 of this title. § 292. Departure from rules to avert immediate danger (Rule 27).

In obeying and construing these rules due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. (Feb. 8, 1895, ch. 64, § 1, 28 Stat. 649.)

Similar rules

CROSS REFERENCES

International rules for navigation at sea, see section 1089 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 212 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries. see section 350 of this title.

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VESSELS NOT UNDER WAY

§ 295. Day and night signals for vessels anchored, not under command, or aground (Rule 30).

(a) Between sunrise and sunset every vessel over sixty-five feet in length when at anchor shall carry forward, where it can best be seen, one black ball not less than two feet in diameter.

(b) A vessel over sixty-five feet in length which is not under command shall carry where they can best be seen and, if a steam vessel, in lieu of the white light required by section 252 (a) of this title, two red lights in a vertical line one over the other not less than three feet apart, and of such a character as to be visible all around the horizon at a distance of at least two miles. By day such vessel shall carry in a vertical line one over the other not less than three feet apart, where they can best be seen, two black balls, each two feet in diameter. Such vessel, when not making way through the water, shall not carry the side lights required by section 252 (b) and (c) of this title, but when making way shall carry them.

(c) A vessel aground over sixty-five feet in length shall carry by night the white light or lights prescribed for a vessel at anchor and in addition shall carry, where they can best be seen by approaching vessels, two red lights in a vertical line one over the other, not less than three feet apart, visible all around the horizon at a distance of at least two miles. By day such vessel shall carry in a vertical line one over the other not less than three feet apart, where they can best be seen, three black balls, each two feet in diameter. (Feb. 8, 1895, ch. 64, § 1, as added Mar. 18, 1948, ch. 138, § 5, 62 Stat. 82.)

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tying thereinto and their tributaries, and that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway, and the Red River of the North; and are declared special rules duly made by local authority. (R. S. § 4233; Aug. 19, 1890, ch. 802, 26 Stat. 320; Feb. 8, 1895, ch. 64, 28 Stat. 645; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; June 7, 1897, ch. 4, 30 Stat. 96; May 21, 1948, ch. 328, § 4, 62 Stat. 249; Aug. 8, 1953, ch. 386, § 2, 67 Stat. 497.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.

CODIFICATION

The rules for preventing collisions prescribed by R. S. §4233, as amended, form the basis of this chapter.

Those rules as enacted were not limited in application to the navigation of any waters. But they were superseded as to navigation on the high seas and in all coast waters of the United States, except such as were otherwise provided for, by the adoption of "Revised International Regulations" by act March 3, 1885, ch. 354, 23 Stat. 438; and these regulations were superseded by the adoption of the subsequent regulations of act Aug. 19, 1890, formerly set out as section 61 et seq. of this title and now covered by section 1051 et seq. of this title.

The rules prescribed by R. S. § 4233 were further superseded, as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal, by the rules applying to such navigation prescribed by act Feb. 8, 1895, (chapter 4 of this title).

The provisions of R. S. $$ 4233, 4412, and 4413 and regulations pursuant thereto were adopted as special rules for the navigation of harbors, rivers, and inland waters of the United States (except the Great Lakes and their connecting and tributary waters as far east as Montreal) by act Feb. 19, 1895. R. S. §§ 4412 and 4413 were classified to former section 381 of Title 46, Shipping.

But thereafter the rules prescribed by R. S. § 4233, were further superseded as to navigation of all harbors, rivers, and inland waters except the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, by the rules applying to all such waters other than the specific exceptions, of act June 7, 1897, (chapter 3 of this title).

The rules prescribed by R. S. § 4233, therefore, remain In force only as to the navigation of the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries.

This section is a modification of section 1 of act Feb. 19, 1895. Section 2 of that act is section 151 of this title. Section 3 of the act is the source of section 303 of this title. Section 4 of the act provided that the words "inland waters," as used in the act, should not be held to include the Great Lakes and their connecting and tributary waters as far east as Montreal, and that the act should not in any respect modify or affect act Feb. 8, 1895, (chapter 4 of this title). The application of the rules set forth in this chapter being now expressly limited to the Red River of the North and rivers emptying into the Gulf and their tributaries, section 4 becomes superfluous. Act Feb. 19, 1895, has also been cited as a credit to each of the rules set forth in this chapter.

AMENDMENTS

1953-Act Aug. 8, 1953, made section inapplicable to the Mobile River and its tributaries.

1948-Act May 21, 1948, made the necessary alteration in the territorial jurisdiction of the Western River Rules to conform to section 154 of this title.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 6 of act May 21, 1948, provided that the amendments to this section and sections 151, 157-159, 173, 302-352, and the additions of sections 353-356, all of this title, shall become effective on Jan. 1, 1949.

CROSS REFERENCES

Similar provisions

International rules for navigation at sea, see section 1051 of this title.

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