(d) “Precautionary area” means a routing measure comprising an area within defined limits where ships must navigate with particular caution and within which the direction of traffic flow may be recommended. [CGD 81-080, 48 FR 36456, Aug. 11, 1983; 49 FR 15548, Apr. 19, 1984] § 167.10 Operating rules. The operator of a vessel in a TSS shall comply with Rule 10 of the International Regulations for Preventing Collisions at Sea, 1972, as amended. § 167.15 Modification of schemes. (a) A traffic separation scheme or precautionary area described in this Part may be permanently amended in accordance with 33 U.S.C. 1223 (92 Stat. 1473), and with international agreements. (b) A traffic separation scheme or precautionary area in this Part may be temporarily adjusted by the Commandant of the Coast Guard in an emergency, or to accommodate operations which would create an undue hazard for vessels using the scheme or which would contravene Rule 10 of the International Regulations for Preventing Collisions at Sea, 1972. Adjustment may be in the form of a temporary traffic lane shift, a temporary suspension of a section of the scheme, a temporary precautionary area overlaying a lane, or other appropriate measure. Adjustments will only be made where, in the judgment of the Coast Guard, there is no reasonable alternative means of conducting an operation and navigation safety will not be jeopardized by the adjustment. Notice of adjustments will be made in the appropriate Notice to Mariners and in the FEDERAL REGISTER. Requests by members of the public for temporary adjustments to traffic separation schemes must be submitted 150 days prior to the time the adjustment is desired. Such Requests, describing the interference that would otherwise occur to a TSS, should be submitted to the District Commander of the Coast Guard District in which the TSS is located. (a) A circular precautionary area with a radius of seven miles is established centered upon Ambrose Light in geographical position 40°27.50′ N, 73°49.90′ W. (b) A precautionary area is estab lished between the traffic separation scheme "Eastern Approach, off Nantucket" and the traffic separation Latitud scheme "In the Approach to Boston, Massachusetts." (1) The precautionary area is bounded to the east by a circle of radius 15.5 miles, centered upon geographical position 40°35.00′ N, 69°00.00' W, and is intersected by the traffic separation schemes "In the Approach to Boston, Massachusetts" and sepa "Off New York" at the following geographic positions: aded by geog (2) The precautionary area is bounded to the west by a line connecting the two traffic separation schemes between the following geographical posi- Atraffi tions: establi one an Latitude Definitions. As used in this part: (a) [Reserved] a (b) "Issuing authority" means State that has a numbering system approved by the Coast Guard or the Coast Guard where a number system has not been approved. Issuing authorities are listed in Appendix A of this part. (c) "Operator" means the person who is in control or in charge of a vessel while it is in use. (d) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession. (e) "Person" means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity and includes a trustee, receiver, assignee, or similar representative of any of them. (f) "Reporting authority" means a State that has a numbering system approved by the Coast Guard or the Coast Guard where a numbering system has not been approved. Reporting authorities are listed in Appendix A of this part. (g) "State" means a State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. (h) "State of principal use" means the State on whose waters a vessel is used or to be used most during a calendar year. (i) "Use" means operate, navigate, or employ. [CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as Subpart B-Numbering § 173.11 Applicability. This subpart applies to each vessel equipped with propulsion machinery of any type used on waters subject to the jurisdiction of the United States and on the high seas beyond the territorial seas for vessels owned in the United States except: (a) Foreign vessels temporarily using waters subject to U.S. jurisdiction; (b) Military or public vessels of the United States, except recreational type public vessels; (c) A vessel whose owner is a State or subdivision thereof, which is used principally for governmental purposes, and which is clearly identifiable as such; (d) Ships' lifeboats; (e) A vessel which has or is required to have a valid marine document as a vessel of the United States. § 173.13 Exemptions. Where the Coast Guard issues numbers, the following classes of vessels are exempt, under Section 12303 of Title 46, United States Code, from the numbering provisions of Sections 12301 and 12302 of Title 46, United States Code, and this part: (a) A vessel that is used exclusively for racing. (b) A vessel equipped with propulsion machinery of less than 10 horsepower that: (1) Is owned by the owner of a vessel for which a valid certificate of number has been issued; (2) Displays the number of that numbered vessel followed by the suffix “1” in the manner prescribed in § 173.27; and (3) Is used as a tender for direct transportation between that vessel and the shore and for no other purpose. § 173.15 Vessel number required. (a) Except as provided in § 173.17, no person may use a vessel to which this part applies unless: (1) It has a number issued on a certificate of number by the issuing authority in the State in which the vessel is principally used; and (2) The number is displayed as described in § 173.27. (b) This section does not apply to a vessel for which a valid temporary certificate has been issued to its owner by the issuing authority in the State in which the vessel is principally used. 8 173.17 Reciprocity. (a) Section 12302(c) of Title 46, United States Code, states: When a vessel is numbered in a State, it is deemed in compliance with the numbering system of a State in which it temporarily is operated. (b) Section 12302(d) of Title 46, United States Code, states: When a vessel is removed to a new State of principal operation, the issuing authority per of that State shall recognize the validity of part the number issued by the original State for se 60 days. [CGD 89-048, 54 FR 27002, June 27, 1989] § 173.19 Other numbers prohibited. No person may use a vessel to which this part applies that has any number that is not issued by an issuing author ity for that vessel on its forward half. § 173.21 Certificate of number required. (a) Except as provided in §§ 173.13 and 173.17, no person may use a vessel to which this part applies unless it has on board: (1) A valid certificate of number or temporary certificate for that vessel issued by the issuing authority in the State in which the vessel is principally used; or (2) For the vessel described in para graph (b) of this section, a copy of the lease or rental agreement, signed by the owner or his authorized representative and by the person leasing or renting the vessel, that contains at least: $173. et it. 5 Be p ed to fof th graph Bei of Con groun legibl Have al to |