certified by the manufacturer under 46 CFR Parts 160 and 161.

(b) "Coastal waters" means:

(1) The U.S. waters of the Great Lakes (Lake Erie, Huron, Michigan, Ontario, and Superior);

(2) The territorial seas of the United States; and

(3) Those waters directly connected to the Great Lakes and territorial seas (i.e., bays, sounds, harbors, rivers, inlets, etc.) where any entrance exceeds 2 nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to 2 miles, as shown on the current edition of the appropriate National Ocean Service chart used for navigation. Shorelines of islands or points of land present within a waterway are considered when determining the distance between opposite shorelines.

[CGD 76-183, 44 FR 73024, Dec. 17, 1979, as amended by CGD 82-073, 49 FR 7119, Feb. 27, 1984; 49 FR 20815, May 17, 1984]

§ 175.110 Visual distress signals required.

(a) No person may use a boat 16 feet or more in length or any boat carrying six or less passengers unless visual distress signals selected from the list in § 175.130 or the alternatives in § 175.135, in the number required, are on board. Devices suitable for day use and devices suitable for night use, or devices suitable for both day and night use, must be carried.

(b) Between sunset and sunrise, no person may use a boat less than 16 feet in length unless visual distress signals suitable for night use, selected from the list in § 175.130 or § 175.135, in the number required, are on board.

in the number required, between sunset and sunrise:

(a) A person competing in any organized marine parade, regatta, race, or similar event;

(b) A person using a manually propelled boat; or

(c) A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26' in length.

§ 175.120 Stowage.

(a) No person may use a boat unless the visual distress signals required by § 175.110 are readily accessible.

§ 175.125 Serviceability.

(a) No person may use a boat unless each signal required by § 175.110 is in serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired. § 175.128 Marking.

(a) No person may use a boat unless each signal required by § 175.110 is legibly marked with the approval number or certification statement as specified in 46 CFR Parts 160 and 161.

§ 175.130 Visual distress signals accepted.

(a) Any of the following signals, when carried in the number required, can be used to meet the requirements of § 175.110:

(1) An electric distress light meeting the standards of 46 CFR 161.013. One is required to meet the night only requirement.

(2) An orange flag meeting the standards of 46 CFR 160.072. One is required to meet the day only require ment.

(3) Pyrotechnics meeting the standards noted in Table 175.130.

(b) Any combination of signal de vices selected from the types noted in paragraphs (a) (1), (2) and (3) of this section, when carried in the number required, may be used to meet both day and night requirements. Examples-the combination of two hand held red flares (160.021), and one para chute red flare (160.024 or 160.036 meets both day and night require ments. Three hand held orange smoke (160.037) with one electric distress

(a) The following types of non-approved pyrotechnic devices will be acceptable as meeting § 175.110 until 1 July 1982 so long as they remain in good and serviceable condition:

(1) Pyrotechnic aerial red flares, either hand-held or pistol projected, for "day and night" signal requirement;

(2) Pyrotechnic hand-held or floating orange smoke, for "day only" signal requirement;

(b) Launchers manufactured before 1 January, 1981, which do not have approval numbers are acceptable for use with meteor or parachute signals listed in Table 175.130 under § 175.130 as long as they remain in serviceable condition.

PART 177-CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS

Sec. 177.01

177.03

Purpose and applicability.
Definitions.

177.05 Action to correct an especially hazardous condition.

177.07

Other unsafe conditions.

177.08 Regulated boating areas. 177.09

Penalties.

AUTHORITY: 46 U.S.C. 4302; 49 CFR 1.46. SOURCE: CGD 72-71R, 37 FR 13347, July 7, 1972, unless otherwise noted.

§ 177.01 Purpose and applicability.

This part prescribes rules to implement section 4308 of Title 46 United States Code which governs the correction of especially hazardous conditions on recreational vessels and uninspected passenger vessels on waters subject to the jurisdiction of the United States and, for a vessel owned in the United States, on the high seas, except operators of:

(a) Foreign boats temporarily using waters subject to United States jurisdiction;

(b) "Boat" means any vessel:

(1) Manufactured or used primarily for noncommercial use; or

(2) Leased, rented, or chartered to another for the latter's noncommercial use; or

(3) Engaged in the carrying of six or fewer passengers.

(c) "Coast Guard Boarding Officer" means a commissioned, warrant, or petty officer of the Coast Guard having authority to board any vessel under the Act of August 4, 1949, 63 Stat. 502, as amended (14 U.S.C. 89).

(d) "Operator" means the person who is in control or in charge of a boat while it is in use.

(e) "Use" means operate, navigate, or employ.

(f) "Vessel" includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended by CDG 84-099, 52 FR 47534, Dec. 14, 1987]

§ 177.05 Action to correct an especially hazardous condition.

An operator of a boat who is directed by a Coast Guard Boarding Officer to take immediate and reasonable steps necessary for the safety of those aboard the vessel, under section 4308 of Title 46, United States Code, shall follow the direction of the Coast Guard Boarding Officer, which may include direction to:

(a) Correct the especially hazardous condition immediately;

(b) Proceed to a mooring, dock, or anchorage; or

(c) Suspend further use of the boat until the especially hazardous condition is corrected.

[CGD 72-71R, 37 FR 13347, July 7, 1972, as amended by CDG 84-099, 52 FR 47534, Dec. 14, 1987]

§ 177.07 Other unsafe conditions.

For the purpose of section 4308 of Title 46, United States Code, "other unsafe condition" means a boat:

(a) Does not display between sunset and sunrise the navigation lights prescribed by the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or, when in use upon the inland waters of the United States, the Inland Navigational Rules Act of 1980 (Pub. L. 96-591), 94 Stat. 3415, 33 U.S.C. 2001, et seq.);

(b) That is operated by an individual who is apparently intoxicated, as defined in § 95.020 of this chapter, to the extent that, in the boarding officer's discretion, the continued operation of the vessel would create an unsafe condition.

(c) Has a fuel leakage from either the fuel system or engine, or has an accumulation of fuel in the bilges.

(d) Does not meet the applicable ventilation requirements for tanks and engine spaces prescribed by 46 CFR 25.40 (which applies to certain boats built before August 1, 1980), or Subpart K Ventilation, of 33 CFR Part 183 (which applies to boats built after July 31, 1980);

(e) Does not meet the requirements for backfire flame control prescribed by 46 CFR 25.35; or

(f) Is operated in a Regulated Boating Area as described in § 177.08 when: (1) The wave height within the Regulated Boating Area is 4 feet or greater; or

(2) The wave height within the Regulated Boating Area is equal to or greater than the wave height determined by the formula

where:

L/10+F=W

L=Overall length of a boat measured in feet in a straight horizontal line along and parallel with the centerline between the intersections of this line with the vertical

planes of the stem and stern profiles excluding deckhouses and equipment. F=The minimum freeboard when measured

in feet from the lowest point along the upper strake edge to the surface of the water.

W=Maximum wave height in feet to the nearest highest whole number; or

(3) The surface current is 4 knots or greater within the Regulated Boating Area.

(g) Designated manifestly unsafe for a specific voyage on a specific body of water due to:

(1) Unsuitable design or configuration, or

(2) Improper construction or inadequate material condition, or

(3) Improper or inadequate operational or safety equipment, and set forth in a regulation issued by a District Commander under the authority of 33 CFR 1.05-1(d).

[CGD 72-71R, 37 FR 13347, July 7, 1972]

EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 177.07, see the List of CFR Sections Affected in the Finding Aids section of this volume.

§ 177.08 Regulated boating areas.

For the purpose of this part, the following are regulated boating areas.

NOTE: Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used.

(a) Quillayute River Entrance, Wash. From the west end of James Island 47°54′23′′ N., 124°39′05′′ W. southward to buoy No. 2 at 47°53′42′′ N., 124°38′42′′ W. eastward to the shoreline at 47°53′42′′ N., 124°37′51′′ W., thence northward along the shoreline to 47°54′29′′ N., 124°38'20" W. thence northward to 47°54'36" N., 124°38′22′′ W. thence westward to the beginning.

(b) Grays Harbor Entrance, Wash. From a point on the shoreline at 46° 59′00′′ N., 124°10′10′′ W. westward to 46°59′00′′ N., 124°15'30" W. thence

southward to 46°51′00′′ N., 124°15'30" W. thence eastward to a point on the shoreline at 46°51′00′′ N., 124°06′40′′ W. thence northward along the shoreline to a point at the south jetty 46°54′20′′ N., 124°08′07′′ W. thence eastward to 46°54′10′′ N., 124°05'00" W. thence northward to 46°55′00′′ N., 124°03'30" W. thence northwestward to Damon Point at 46°56′50′′ N., 124°06′30′′ W. thence westward along the north shoreline of the harbor to the north jetty at 46°55'40" N., 124°10′27′′ W. thence northward along the shoreline to the beginning.

(d) Columbia River Bar, Wash.-Oreg. From a point on the shoreline at 46°18′00′′ N., 124°04'39" W. thence westward to 46°18′00′′ N., 124°09′30′′ W. thence southward to 46°12′00′′ N., 124°09′30′′ W. thence eastward to a point on the shoreline at 46°12′00′′ N., 123° 59′33′′ W. thence eastward to Tansy Point Range Front Light at 46°11′16′′ N., 123°55'05" W.; thence northward to Chinook Point at 46°15′08′′ N., 123°55′25′′ W. thence northwestward to the north end of Sand Island at 46°17′29′′ N., 124°01′25′′ W. thence southwestward to a point on the north shoreline of the harbor at 46°16′25′′ N., 124°02′28′′ W. thence northwestward and southwestward along the north shoreline of the harbor and northward along the seaward shoreline to the beginning.

(e) Nehalem River Bar, Oreg. From a point on the shoreline 45°41′25′′ N., 123°56'16" W. thence westward 45°41′25′′ N., 123°59′00′′ W. thence southward to 45°37′25′′ N., 123°59'00" W. thence eastward to a point on the shoreline at 45°37′25′′ N., 123°56′38′′ W. thence northward along the shoreline to the north end of the south jetty at 45°39′40′′ N., 123°55'45" W. thence westward to a point on the shoreline at 45°39′45′′ N., 123°56′19′′ W. thence northward along the shoreline to the beginning.

(f) Tillamook Bay Bar, Oreg. From a point on the shoreline at 45°35'15" N., 123°57'05" W. thence westward 45°35'15" N., 124°00'00" W. thence southward to 45°30′00′′ N., 124°00'00" W. thence eastward to a point on the shoreline at 45°30′00′′ N., 123°57′40′′ W. thence northward along the shoreline to the north end of Kincheloe Point at

45°33′30′′ N., 123°56′05′′ W. thence northward to a point on the north shoreline of the harbor at 45°33′40′′ N., 123°55'59" W. thence westward along the north shoreline of the harbor then northward along the seaward shoreline to the beginning.

(g) Netarts Bay Bar, Oreg. From a point on the shoreline at 45°28′05′′ N. thence westward to 45°28′05′′ N., 124°00′00′′ W. thence southward to 45°24′00′′ N., 124°00′00′′ W. thence eastward to a point on the shoreline at 45°24′00′′ N., 123°57′45′′ W. thence northward along the shoreline to 45°26′03′′ N., 123°57′15′′ W. thence eastward to a point on the north shoreline of the harbor at 45°26'00" N., 123°56′57′′ W. thence northward along the shoreline to the beginning.

(h) Siletz Bay Bar, Oreg. From a point on the shoreline at 44°56′32′′ N., 124°01′29′′ W. thence westward to 44°56′32′′ N., 124°03'00" W. thence southward to 44°54'40" N., 124°03′15′′ W. thence eastward to a point on the shoreline at 44°54'40" N., 124°01′55′′ W. thence northward along the shoreline to 44°55′35′′ N., 124°01′25′′ W. thence northward to a point on the north shoreline of the harbor at 44°55'45" N., 124°01′20′′ W. thence westward and northward along the shoreline to the beginning.

(i) Depoe Bay Bar, Oreg. From a point on the shoreline at 44°49'15" N., 124°04′00′′ W. thence westward to 44°49'15" N., 124°04′35′′ W. thence southward to 44°47′55′′ N., 124°04′55′′ W. thence eastward to a point on the shoreline at 44°47′53′′ N., 124°04′25′′ W. thence northward along the shoreline and eastward along the south bank of the entrance channel to the highway bridge thence northward to the north bank at the bridge thence westward along the north bank of the entrance channel and northward along the seaward shoreline to the beginning.

(j) Yaquina Bay Bar, Oreg. From a point on the shoreline at 44°38′11′′ N., 124°03′47′′ W. thence westward to 44°38′11′′ N., 124°05'55" W. thence southward to 44°35'15" N., 124°06'05" W. thence eastward to a point on the shoreline at 44°35′15′′ N., 124°04′02′′ W. thence northward along the shoreline and eastward along the south bank of the entrance channel to the highway

bridge thence northward to the north bank of the entrance channel at the bridge thence westward along the north bank of the entrance channel and northward along the seaway shoreline to the beginning.

(k) Siuslaw River Bar, Oreg. From a point on the shoreline at 44°02′00′′ N., 124°08′00′′ W. thence westward to 44°02′00′′ N., 124°09′30′′ W. thence southward to 44°00'00" N., 124°09′30′′ W. thence eastward to a point on the shoreline at 44°00′00′′ N., 124°08′12′′ W. thence northward along the shoreline and southward along the west bank of the entrance channel to 44°00′35′′ N., 124°07'48" W. thence southeastward to a point on the east bank of the entrance channel at 44°00′20′′ N., 124°07′31′′ W. thence northward along the east bank of the entrance channel and northward along the seaward shoreline to the beginning.

(1) Umpqua River Bar, Oreg. From a point on the shoreline at 43°41′20′′ N., 124°11′58′′ W. thence westward to 43°41′20′′ N., 124°13′32′′ W. thence southward to 43°38′35′′ N., 124°14′25′′ W. thence eastward to a point on the shoreline at 43°38′35′′ N., 124°12′35′′ W. thence northward along the shoreline to the north end of the training jetty at 43°40′15′′ N., 124°11′45′′ W. thence northward to a point on the west bank of the entrance channel at 43°40′40′′ N., 124°11'41" W. thence southwestward along the west bank of the entrance channel thence northward along the seaward shoreline to the beginning.

(m) Coos Bay Bar, Oreg. From a point on the shoreline at 43°22′15′′ N., 124°19′34′′ W. thence westward to 43°22′20′′ N., 124°22′28′′ W. thence southwestward to 43°21'00" N., 124°23′35′′ W. thence southeastward to a point on the shoreline at 43°20'25" N., 124°22′28′′ W. thence northward along the shoreline and eastward along the south shore of the entrance channel to a point on the shoreline at 43°20′52′′ N., 124°19′12′′ W. thence eastward to a point on the east shoreline of the harbor at 43°21'00" 124°18′50′′ W. thence northward to a point on the west shoreline of the harbor at 43°21′45′′ N., 124°19′10′′ W. thence south and west along the west shoreline of the harbor thence north

N..