[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Proposed Rules]
[Pages 52175-52200]
[FR Doc No: 2012-18364]

Vol. 77

Tuesday,

No. 167

August 28, 2012

Part III

Department of Homeland Security

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Coast Guard

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33 CFR Parts 83, 84, 85, et al.

Changes to the Inland Navigation Rules; Proposed Rule

Federal Register / Vol. 77 , No. 167 / Tuesday, August 28, 2012 /
Proposed Rules

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 83, 84, 85, 86, 87, and 88

[Docket No. USCG-2012-0102]
RIN 1625-AB88

Changes to the Inland Navigation Rules

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the inland navigation rules
and their annexes in 33 CFR parts 83 through 88 to align the
regulations with amendments made by the International Maritime
Organization to the Convention on the International Regulations for
Preventing Collisions at Sea, to which the United States is a
signatory, and to incorporate recommendations made by the Navigation
Safety Advisory Council. These changes would harmonize domestic and
international law by reducing and alleviating equipment requirements on
vessels, addressing technological advancements, such as wing-in-ground
craft, and increasing public awareness of the inland navigation rules.
The changes would also make references to applicable requirements
easier to locate by using the same format in domestic regulations as is
used in the international convention.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before October 29,
2012 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0102 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LCDR Megan L Cull, Coast Guard; telephone 202-372-
1565, email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed Rule
    A. Preemption of State and Local Law Language Added to the
Application Section at 33 CFR 83.01(a)
    B. All Provisions of 33 CFR Part 85, Annex II, and 33 CFR Part
88, Annex V, Would Be Moved Into the Main Body of 33 CFR Part 83
    C. COLREGS Amendment Language and Terms Would Be Aligned With
International Rules at 33 CFR Part 83
    D. NAVSAC Recommended Changes
    E. ``Exhibit an All-Round White Light'' Would Be Added to 33 CFR
83.25
    F. Proposed Removal of the Contradictory Paragraph (c) in 33 CFR
83.26
    G. Clarifying Language Added to 33 CFR 83.01 to Enumerate
Appropriate Authorities
    H. Non-Substantive Changes to Numbering or Citing To Reflect
Additions, Amendments, and/or To Conform to COLREGS Cites
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0102), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0102'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0102'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or

signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

II. Abbreviations

AIS Automated Identification System
CFR Code of Federal Regulations
COLREGS Convention on the International Regulations for Preventing
Collisions at Sea
DHS Department of Homeland Security
DSC Digital Selective Calling
IMO International Maritime Organization
NAVSAC Navigation Safety Advisory Council
NBSAC National Boating Safety Advisory Council
NPRM Notice of Proposed Rulemaking
Sec.  Section symbol
SOLAS International Convention for Safety of Life at Sea
U.S.C. United States Code
WIG craft Wing-in-Ground craft

III. Basis and Purpose

    The purpose of this rulemaking is to harmonize existing domestic
law with current international law because Coast Guard regulations
relating to inland navigation rules are inconsistent with the
international standards found in the Convention on the International
Regulations for Preventing Collisions at Sea (COLREGS), to which the
United States is a signatory. In addition to the alignment with
international standards, the Navigation Safety Advisory Council
(NAVSAC) recommended several changes to the regulations that would
simplify the inland navigation rules and change equipment requirements
for certain vessels. The Coast Guard has initiated this rulemaking
under the authority of the Coast Guard and Maritime Transportation Act
of 2004 (Pub. L. 108-293) and the Department of Homeland Security
Delegation 0170.1, Delegation to the Commandant of the Coast Guard.

IV. Background

    In 1972, the International Maritime Organization (IMO) formalized
the COLREGS, or international rules. The United States ratified this
treaty and adopted the COLREGS in the International Navigation Rules
Act of 1977. Ratification of this treaty made all U.S. vessels subject
to the COLREGS while operating on international waters. The
corresponding rules for inland waters, or inland navigation rules, did
not go into effect until Congress enacted the Inland Navigational Rules
Act of 1980. The inland navigation rules and the COLREGS are very
similar in both content and format.
    The IMO has made several amendments to the COLREGS since they were
promulgated in 1972. The United States has adopted these amendments
through statute until the two most recent IMO amendments in 2001 and
2007. Incorporation of these IMO amendments is one of the purposes of
this Notice of Proposed Rulemaking (NPRM).
    In 2004, Congress passed the Coast Guard and Maritime
Transportation Act of 2004, which, in effect, gave the Secretary of
Homeland Security (``the Secretary'') the authority to issue inland
navigation regulations. The Secretary further delegated the authority
to develop and enforce navigation safety regulations to the Commandant
of the Coast Guard through Department of Homeland Security Delegation
0170.1, ``Delegation to the Commandant of the Coast Guard.''
    Through the most recent regulatory change in 2010, the Coast Guard
used the authority granted by Congress and delegated by the Secretary
to move the inland navigation rules from the United States Code
(U.S.C.) to 33 CFR part 83. 75 FR 19544. Regulations in 33 CFR part 83,
along with regulations in 33 CFR parts 84 through 88, now comprise the
complete domestic inland navigation rules. Movement to the CFR in 2010
effectively ended statutory codification of the inland rules of the
road.
    Using this authority, the Coast Guard proposes to amend 33 CFR part
83, along with 33 CFR parts 84 through 88, to align U.S. inland
navigation rules with the COLREGS as much as practicable and to
incorporate other NAVSAC recommendations and Coast Guard changes.

V. Discussion of Proposed Rule

    This NPRM proposes many changes to the regulations in 33 CFR parts
83, 84, 85, 86, 87, and 88 that would preempt State and local law
regarding inland navigation, make current regulations more consistent
with international standards, and make other NAVSAC recommended
changes, including mandating the use of other electronic equipment,
such as AIS, if outfitted, and allowing certain small vessels to use an
all-round white light in addition to the currently approved electric
torch or lighted lantern. Many of these changes would reduce the
regulatory burden on mariners. The proposed changes are described
below.

A. Preemption of State and Local Law Language Added to the Application
Section at 33 CFR 83.01(a)

    On May 20, 2009, President Obama issued a memorandum entitled
``Preemption'' to the heads of executive agencies. The purpose of this
memorandum was to ensure that ``preemption of State law by executive
departments and agencies should be undertaken only with full
consideration of the legitimate prerogatives of the States and with a
sufficient legal basis for preemption.'' The memorandum also required
agencies to include preemption provisions in the codified regulations
when regulatory preambles discussed its intention to preempt State law
through the regulation. Furthermore, it directed that these preemption
provisions must be justified under the legal principles governing
preemption, including those outlined in EO 13132 (this memorandum is
available for viewing in the rulemaking docket by following the
instructions under the ``Public Participation and Request for
Comments'' section of this preamble).
    In 33 U.S.C. 2071, Congress specifically granted to the Secretary
the authority to ``issue inland navigation regulations applicable to
all vessels upon the inland waters of the United States and technical
annexes that are as consistent as possible with the respective annexes
to the International Regulations.'' Because this authority is expressly
granted by Congress to the Secretary, State and local laws are
preempted by Federal law. Therefore, based on the President's 2009 memo
and the preemption principles outlined in EO 13132, the Coast Guard
proposes to add the following sentence to 33 CFR 83.01(a): ``The
regulations in this subchapter have preemptive effect over State or
local regulation within the same field.''

B. All Provisions of 33 CFR Part 85, Annex II, and 33 CFR Part 88,
Annex V, Would Be Moved Into the Main Body of 33 CFR Part 83

    Prior to 2010, the inland navigation rules were located in statute.
The Coast Guard promulgated five annexes through regulation, to be read
in conjunction with the inland navigation statute. These annexes
correspond to COLREGS annexes. Because the inland navigation rules have
become regulation, NAVSAC recommended that sections of Annex V be
relocated to the

main regulation text. Additionally, the Coast Guard proposes to
relocate the provisions of Annex II to the main regulation text.
    We propose to move these provisions without substantive change to
the appropriate sections in part 83. Reorganizing the Annex II and
Annex V provisions to be found in part 83 would ease compliance and
simplify the study of the rules. As a result of moving the provisions
of these annexes to part 83, paragraph (d) in section 83.26 must be
removed and reserved. This paragraph speaks to the provisions of Annex
II that have now been moved to part 83. Additionally, for clarity, the
appropriate paragraphs of Rule 26 must be added to new paragraph (f) of
section 83.26 in lieu of the more general ``these Rules'' currently
found in the regulation.
    Table 1 summarizes the movement of 33 CFR part 85, Annex II, and 33
CFR part 88, Annex V, provisions to 33 CFR part 83.

                                 Table 1
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    Current section number and
             heading               Proposed section number and paragraph
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85.1 General.....................  83.26(f)
85.3 Signal for trawlers.........
85.5 Signal for purse seiners....
88.05 Copy of rules..............  83.01(g).
88.09 Temporary exemption from     83.20(f).
 light and shape requirements
 when operating under bridges.
88.11 Law enforcement vessels....  83.27(i).
88.12 Public safety activities...  83.27(j).
88.13 Lights on moored barges....  83.24(k) through (p).
88.15 Lights on dredge pipelines.  83.24(g).
------------------------------------------------------------------------

    There would no longer be any provisions in part 85, Annex II, or
part 88, Annex V, except for provisions reserving these parts for any
future amendments that may require their use. To this end, the general
purpose and applicability provisions of parts 85 and 88 would be
reserved. This would be done by removing all regulations from this part
and reserving the first sections only as a placeholder. Therefore, 33
CFR 85.1 would be redesignated as Sec.  85.01, and Sec.  85.01 would
then be reserved, along with Sec.  88.01.

C. COLREGS Amendment Language and Terms Would Be Aligned With
International Rules at 33 CFR Part 83

    In 2001 and 2007, the IMO adopted several amendments to the COLREGS
through Resolution A.910(22) and Resolution A.1004(25), respectively.
NAVSAC recommended that, in the interests of uniformity and
simplification for mariners, and to continue encouraging compliance
with the COLREGS, the Coast Guard should adopt these amendments in
regulation. The amendments that NAVSAC recommended and the Coast Guard
proposes are as follows:
    1. The IMO incorporated the term ``Wing-In-Ground (WIG) craft''
into several sections of the COLREGS and added requirements applicable
to this type of craft. The following sections in part 83 would be
amended to add this term and/or its definition or add requirements
applicable to WIG craft: Sec. Sec.  83.03(a), 83.03(m), 83.18(f),
83.23(c), and 83.31. These additions specify how WIG craft should
operate around other vessels, including when taking off, landing, and
when in flight, as well as lighting requirements specific to WIG craft.
Current WIG craft operations are limited to prototype testing,
feasibility studies, and other limited activities. However, the
specific construction, design, and operation of WIG craft pose unique
risks that we are trying to address while also conforming to the IMO
standard.
    2. The IMO modified COLREGS sound signal equipment requirements for
vessels based on size. One amendment removes the requirement for a bell
on a vessel of 12 meters or more in length but less than 20 meters in
length. The other amendment reduces the regulatory restrictions placed
on the characteristics of whistles allowed for vessels of specific
lengths. The Coast Guard would add the same language to Sec. Sec.
83.33(a) and 83.35(i). We would also amend the existing language in
part 86, subpart A. This language consists of amendments that IMO
believes cater to smaller vessels since these amendments provide
regulatory flexibility for sound signal requirements. We concur--by
following IMO's example, we also would be decreasing the regulatory
burden for small vessels by allowing sound options without negatively
impacting navigation safety.
    3. The IMO amended existing sections of COLREGS to incorporate new
formulas and new standards. Sections 84.13(a), 84.13(b), 86.01(a),
86.01(c), 86.02(b) and the Table in 86.01 would be partially amended to
align with the new COLREGS language. Sections 84.13(a) and 84.13(b)
would be amended to account for the vertical separation of masthead
lights on high-speed craft. These amendments incorporate new formulas
to accommodate novel designs in the trim and resulting masthead
placement of these specific types of crafts. By changing these
formulas, the masthead light would be more visible, thereby increasing
the safety of these vessels. In section 86.01 and 86.02, we would amend
the frequency and range of audibility standards to relax the
requirements for sound pressure levels and octave bands. We believe
that the safety of vessels is not measurably impacted by the differing
standards and that aligning domestic regulations with the international
standard eases compliance.
    4. The IMO amended COLREGS Rule 8, paragraph (a), which corresponds
to Sec.  83.08(a), and which generally governs actions taken to avoid
collision, by adding the requirement that such actions ``be taken in
accordance with the Rules of this part.'' The IMO added this language
to make clear that any action to avoid collision should be taken in
accordance with the relevant rules in the COLREGS, and to link Rule 8
with the other navigation rules. We propose to amend Sec.  83.08(a) to
include this revised language.
    5. The IMO modified COLREGS distress signal requirements to update
technologies in its list of acceptable equipment. Section 84.01(d),
(l), and (m) would be amended to eliminate radiotelegraph or
radiotelephones alarms as approved distress calls, with the exception
of SOS, which may be transmitted via any means. Radiotelephones can
still be used, but not the radiotelephone alarm function. There are no
costs associated with removing the alarms as approved distress calls
because this change does

not require the replacement of such equipment. Radiotelegraphs are
obsolete and are no longer used by the industry.\1\ This change was
made to the International Convention for Safety of Life at Sea (SOLAS)
Chapter V in 1999. It was also instituted domestically by the Federal
Communications Commission in the 1990s and has been in effect since
then. This change also expands the list of approved equipment for
emergency calls to include Digital Selective Calling (DSC), Inmarsat,
and other mobile satellite service provider ship earth stations but
does not require carriage of such equipment.
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    \1\ http://www.gpo.gov/fdsys/pkg/FR-1995-01-27/pdf/95-2092.pdf.
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    The search and rescue manual reference in paragraph 3 has also been
updated. There is no cost to the change in reference because there is
no requirement to purchase the manual.
    6. Rule 24 of the COLREGS provides lighting and shape requirements
for partially submerged vessels or objects being towed, or a
combination thereof. In review of our regulations, the lighting and
shape requirements for towed combinations were omitted. We propose to
add this language to match the COLREGS.
    There would be no additional requirements on mariners imposed by
the additions and amendments in 1 through 6 above. Instead, these
sections would conform to the international standards and provide more
options for vessel equipment compliance and increase the clarity of
these requirements.

D. NAVSAC Recommended Change

    NAVSAC recommended a change to the existing inland navigation rules
in which Sec.  83.07(b) would be amended to add the words ``and other
electronic'' following the word ``radar.'' The Coast Guard agrees. In
2003, we published a final rule mandating the use of Automatic
Identification Systems (AIS) on a large number of seagoing vessels. The
use of AIS is also a SOLAS requirement. Therefore, adding the words
``and other electronic'' equipment to this section would be consistent
with the AIS final rule by requiring vessels that are otherwise
required to have an AIS to use the system for collision avoidance in
accordance with inland navigation rules. No additional equipment is
required by vessels as a result of this change. Those vessels required
by 33 CFR 164.46, or those electing to carry, an AIS are instructed to
utilize this tool for collision avoidance purposes. This description
would also allow for future development and use of technology that
would meet Coast Guard requirements.

E. ``Exhibit an All-round White Light'' Would Be Added to 33 CFR 83.25

    The National Boating Safety Advisory Committee (NBSAC) proposed
several options to the Coast Guard to reduce the risk of vessel
collisions. One of the options that NBSAC proposed was to enhance the
visibility of smaller vessels and sailing vessels. NAVSAC agreed with
the NBSAC proposal and recommended that the Coast Guard add the option
of using an all-round white light as a means for vessels of less than 7
meters or vessels under oars to advertise their position and help
prevent collisions. Therefore, in Sec.  83.25(d)(1) and (2), we propose
to add the following phrase as an option for lighting: ``exhibit an
all-round white light or.''

F. Proposed Removal of the Contradictory Paragraph (c) in 33 CFR 83.26

    In current 33 CFR 83.26, which concerns lights on vessels engaged
in fishing other than trawling, there are two contradictory paragraphs,
both of which are labeled as paragraph (c). The second paragraph (c) is
the correct version and would remain in this section. We propose to
remove the contradictory paragraph (c), currently appearing first in
the regulations, to avoid confusion or inability to choose the correct
lighting and shapes.

G. Clarifying Language Added To 33 CFR 83.01 To Enumerate Appropriate
Authorities

    In Rule 1, section 83.01, paragraph (b)(i), we propose to add the
following after Regulations: ``for Preventing Collisions at Sea, 1972,
including annexes currently in force for the United States
(``International Regulations'').'' This language would clarify what
international regulations we are referring to throughout the
regulation.

H. Non-Substantive Changes to Numbering or Citing To Reflect Additions,
Amendments, and/or To Conform to COLREGS Cites

    Based on the movement of some provisions, addition of new terms,
and for ease of reference in locating applicable rules, several
proposed changes would involve re-numbering or correcting cites in 33
CFR parts 83 through 88.
    Sections 83.03(n) through 83.03(r) and 83.23(d) through 83.23(e)
would be re-lettered following the insertion of the WIG craft language.
Section 83.35(j) and 83.35(k) would be re-lettered following the
insertion of additional vessel applicability language.
    Section 83.24(c) would be amended to reference the correct cite to
(i) instead of (1). Paragraph (b) in Sec.  83.08 would be amended to
add ``and/'' after ``course'' in both instances so as to correspond to
COLREGS language.
    To correspond to COLREGS numbering, Sec.  83.18(d) would be
reserved, thereby requiring the current paragraph (d) to be re-lettered
as (e). Sections 83.03(h), 83.26(g)(ii)(2), and 83.35(d) are also
reserved to correspond to COLREGS which also necessitate changes in
paragraph lettering.
    Parts 84 through 88, collectively the annexes, would be re-numbered
in their entirety to correspond to the COLREGS numbering system because
all inland navigation rules have been moved into the CFR. Two of the
annexes, parts 85 and 88, would be reserved for use at a later date
because the provisions of these annexes would be moved to part 83.
Citations to the applicable annexes would be added to the following for
easy reference: Sec. Sec.  83.22, 83.27, 83.32, 83.33, 83.34, 83.37,
and 83.38.
    In addition to the other non-substantive changes, numbers would be
replaced with roman numerals, lists would begin with lowercase letters,
headings would be removed, and terms in the definition sections would
be italicized instead of using quotations to model the domestic format
after the international format. The format changes are necessary to
reduce confusion for the maritime community by making the domestic and
international rules uniform. Additionally, the non-substantive changes
would make for easy reference of the domestic and international rules
because the numbering scheme would be identical to the extent
practicable.

VI. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below, we summarize our
analyses based on 14 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and

equity). Executive Order 13563 emphasizes the importance of quantifying
both costs and benefits, of reducing costs, of harmonizing rules, and
of promoting regulatory flexibility and further requires agencies to
adapt rules that are outdated or outmoded. This rule does that,
removing contradictory language, expanding options for compliance,
allowing for new technologies and removing outdated equipment from our
regulations. This NPRM has not been designated a ``significant
regulatory action'' under section 3(f) of Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget. A draft regulatory assessment follows:
    As stated in section V. Discussion of Proposed Rule of this
preamble, this NPRM would update existing regulations to those of
COLREGS, incorporate provisions suggested by NAVSAC, and add language
regarding federalism, based on President Obama's 2009 memo and EO
13132. The proposed regulations fall under two categories: Harmonizing
and discretionary. Harmonizing changes include provisions associated
with the Presidential memo and COLREGS. Discretionary provisions are
those recommended by NAVSAC.
Alternatives Considered
    Alternative 1--No Action. We rejected this alternative, as this
alternative would ensure that the current differences between the
domestic and international navigation rules continue, creating
potential navigational errors and potential for mishaps, and would not
be consistent with the Coast Guard's commitment to conform the inland
navigation rules with the COLREGs as much as practicable. The proposed
alternative incorporates regulations that are less stringent than the
current regulations while maintaining the benefits of the current
regulations.
    Alternative 2--Incorporation of burden increasing NAVSAC
recommendations. Alternative 2 would include all the changes in the
proposed alternative and two additional changes recommended by NAVSAC.
Those additional changes, which would increase the burden on the
regulated community and expand the affected population, are as follows:
    1. Lighting of gas pipelines (33 CFR 88.15). A 1991 NAVSAC
resolution proposed lighting gas pipelines in a manner similar to that
done with dredge pipelines as described in 33 CFR 88.15. However, the
Department of Transportation's Pipeline and Hazardous Material Safety
Administration has since published regulations affecting some of the
gas pipelines that necessitated the original NAVSAC resolution.
Additional study is now needed to determine if current regulations have
effectively decreased the number of incidents and whether further Coast
Guard regulatory action is required.
    2. The requirement that vessels greater than 16 feet must carry the
inland navigation rules booklet. This provision would expand the
population of vessels that must carry a copy of the inland navigation
rules from vessels 12 meters (approximately 39.37 feet) or more in
length to vessels more than 16 feet long. The Coast Guard rejects this
recommendation due to a lack of quantifiable benefits to justify a high
regulatory burden on recreational vessels at this time.
Summary of the Proposed Rule
    Vessels affected by this proposed rule would be vessels traveling
on inland waters of the United States. At this time, we anticipate a
small additional cost for future WIG craft to install a light. We
estimate that there would not be additional costs or burden from the
other harmonizing or discretionary provisions. A benefit of the
harmonizing provisions is complying with COLREGS and the Presidential
memo,. Both harmonizing and discretionary provisions would also provide
regulatory flexibility to certain vessels. Some of the discretionary
changes may help to reduce risk of collision. A summary of the
Regulatory Analysis is provided in Table 2.

               Table 2--Summary of the Regulatory Analysis
------------------------------------------------------------------------
                                     Summary               Summary
          Category               (harmonization)       (discretionary)
------------------------------------------------------------------------
Affected population.........  All vessels           All vessels
                               traveling on inland   traveling on inland
                               waters.               waters.
                              Certain subgroups of  Certain subgroups of
                               vessels (refer to     vessels (refer to
                               Table 3 for           Table 3 for
                               details).             details).
Costs.......................  Costs:..............  Costs: $0.
                              $112 annual.........
                              $1,119 10-year
                               total..
Cost savings* (undiscounted)  Cost savings:
                              $271,642 annual.....
                              $2.72 million 10-
                               year total.
Unquantified benefits.......  Compliance with the   Incorporation of
                               COLREGS and           NAVSAC and NBSAC
                               Presidential memo.    recommendations.
                               Increased             Increased
                               regulatory            regulatory
                               flexibility of        flexibility of
                               regulations to        regulations to
                               certain vessels.      certain vessels.
                                                     Reduction of risk
                                                     of collision for
                                                     certain vessels.
------------------------------------------------------------------------
* Cost savings are uncertain. Our estimate illustrates the maximum cost
  savings that industry would receive.

Affected Population
    This proposed rule would affect vessels on inland waters of the
United States. Some of the provisions in this proposed rule would
affect specific subgroups of these vessels. Population groups and
subgroups affected by this proposed rule are listed in Table 3.

      Table 3--Breakdown of Affected Populations by Provision Type
------------------------------------------------------------------------
                                             Affected by discretionary
   Affected by harmonization provisions              provisions
------------------------------------------------------------------------
Vessels on inland waters.................  Vessels on inland waters.
Subgroups................................  Subgroups

     WIG craft.\2\...............     Sailing vessels of
     Vessels of 12 meters or       less than 7 meters in length
     more, but less than 20 meters in       Vessels under oars
     length.                                Fishing vessels (non-
     New high-speed vessels of 50   trawling).
     meters or more in length.
     Vessels less than 75 meters.
     Vessels 20 meters or more in
     length.
     Vessels equipped with
     radiotelephone alarms or
     radiotelegraph alarms.
     Partially sunken vessels and
     objects being towed in combination.
------------------------------------------------------------------------

Summary of the Impacts of the Proposed Rule on Affected Populations
---------------------------------------------------------------------------

    \2\ Wing-in-Ground craft are low-flying vehicles that use air
pressure between the wing of the craft and the Earth's surface to
create lift. While it is capable of flight, given the low altitude
in which a WIG craft flies, it was incorporated by IMO (and
consequently, US regulations) as a vessel. For more information
regarding WIG craft, please refer to the IMO Web site: http://www.imo.org/ourwork/safety/regulations/pages/wig.aspx and this Web
site dedicated to the discussion of WIG craft: http://www.se-technology.com/wig/index.php.
---------------------------------------------------------------------------

    This proposed rule would modify various sections of 33 CFR parts 83
through 88 to align domestic regulations with COLREGS, as much as
practicable, and to incorporate NAVSAC recommendations. In Table 4, we
provide a summary of the impacts, grouped by provision type and then
affected population. Please refer to the regulatory text for specific
changes.

                  Table 4--Summary of Impacts of the Proposed Rule on the Affected Populations
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                  Section(s) and descriptions                          Population           Costs and benefits
----------------------------------------------------------------------------------------------------------------
                                             Harmonizing Provisions
----------------------------------------------------------------------------------------------------------------
                                                Presidential Memo
----------------------------------------------------------------------------------------------------------------
Sec.   83.01(a)......................  States that vessels      All vessels............  Cost: $0 Vessels
                                        must comply with this                             already comply with
                                        proposed rule and that                            the federal
                                        this proposed rule                                regulations. There are
                                        preempts state and                                no state laws that
                                        local laws.                                       conflict with the
                                                                                federal regulations.
                                                                                Benefit: Clarifies
                                                                                federalism and adheres
                                                                                to the Presidential
                                                                                memo.
----------------------------------------------------------------------------------------------------------------
                                             Alignment with COLREGS
----------------------------------------------------------------------------------------------------------------
Sec.   83.03(a), Sec.   83.03(m),      Provides operational     WIG craft..............  Cost: $1,119 To install
 Sec.   83.18(f), Sec.   83.23(c),      and lighting                                      an all-round red
 Sec.   83.31.                          requirements for WIG                              light.
                                        craft when operating                             Benefit: Conforms with
                                        on water.                                         COLREGS.
Sec.   83.08(a)......................  Adds the phrase to read  All vessels............  Cost: $0 All vessels
                                        as, ``[Any action                                 must comply with
                                        taken to avoid                                    existing regulations.
                                        collision] shall be                               There are no
                                        taken in accordance                               additional costs to
                                        with the Rules of this                            the modified
                                        part and shall''.                                 regulations in this
                                                                                part.
                                                                                Benefit: Conforms with
                                                                                COLREGS.
Sec.   83.33(a), Part 86, subpart B..  Removes the need for a   New vessels 12 meters    Cost Savings: $299 per
                                        bell.                    or more in length, but   vessel, $2.72 million
                                                                 less than 20 meters in   over 10 years.
                                                                 length.                 Benefits: More lenient
                                                                                requirement. Conforms
                                                                                with COLREGS.
Sec.   83.35(i)......................  If the vessel is         New vessels 12 meters    Cost: $0 Applies to the
                                        equipped with a bell     or more in length, but   use of existing bells.
                                        and the bell is used,    less than 20 meters in   The use of bells is
                                        the sound must be made   length.                  optional.
                                        at 2-minute intervals.
                                                                                Benefits: Reduces risk
                                                                                of collision if proper
                                                                                sound signal is used
                                                                                during reduced
                                                                                visibility. Conforms
                                                                                with COLREGS.
----------------------------------------------------------------------------------------------------------------

Sec.   84.13, Sec.   84.24...........  Allows an optional       New high-speed vessels   Cost: $0 Does not
                                        modification to the      of 50 meters or more     require additional
                                        masthead lighting..      in length.               lights or
                                       Moves section to 33 CFR                            modifications to
                                        84.13.                                            existing lights.
                                                                                Benefits: Makes
                                                                                lighting requirements
                                                                                more lenient.
                                                                                Accommodates new
                                                                                vessels with novel
                                                                                designs. Conforms with
                                                                                COLREGS.
Part 86, subpart A...................  Expands the acceptable   Vessels of less than 75  Cost: $0 Does not
                                        range for fundamental    meters in length.        require vessels to buy
                                        frequencies. Vessels                              a new whistle.
                                        have the option of                               Benefits: less
                                        purchasing a greater                              stringent standards
                                        range of whistles with                            allows for greater
                                        different ranges than                             options of whistles
                                        previously allowed.                               for new vessels.
                                                                                Conforms with COLREGS.
                                       Reduces the required     Vessels of 20 meters or  .......................
                                        frequencies for          more in length.
                                        vessels of 20 meters
                                        or greater.
33 CFR Part 87.......................  Radiotelegraph and       Vessels equipped with    Cost: $0
                                        radiotelephone alarms    radiotelephone alarms   Radiotelegraphs are
                                        would no longer be       or radiotelegraph        obsolete.\3\
                                        accepted as approved     alarms.                  Radiotelephones can be
                                        distress calls.                                   used, but not their
                                                                                alarms. Does not
                                                                                require equipment
                                                                                replacement.
                                       Adds Digital Selective                            Benefit: Updates the
                                        Calling, INMARSAT, and                            list of approved
                                        other mobile satellite                            distress signal
                                        service provider ship                             equipment to
                                        to Earth stations.                                incorporate the latest
                                                                                technologies. Conforms
                                                                                with COLREGS.
Part 83.24(g)........................  Partially sunken         Partially submerged      Cost: $0 Lighting and
                                        vessels and objects      vessels and other        shape requirements for
                                        being towed in           objects being towed,     partially submerged
                                        combination.             in combination, would    vessels or other
                                                                 comply with lighting     objects are already
                                                                 and shape requirements.  outlined. This rule
                                                                                uses same requirements
                                                                                if towing more than
                                                                                one at a time.
                                                                                Benefits: Conforms with
                                                                                COLREGS.
Sec.   83.03(m)-(q), Sec.   83.08(a),  Renumbers or moves                                Cost: $0 Changes
 Sec.   83.09, Sec.   83.18(d), Sec.    regulations without                               include removal of
  83.18(e), Sec.   83.20(e), Sec.       substantive changes in                            headings, moving
 83.23(c)-(d), Sec.   83.24(c)(1),      order to align text                               sections to other
 Sec.   83.35(i)-(j). Part 84-ANNEX     with that of COLREGS.                             locations, or
 I, Sec.   85-ANNEX II, Part 86-ANNEX                                                     renumbering. Provides
 III, Part 87-ANNEX IV, Part 88-ANNEX                                                     no additional
 V, Sec.   88.03, Sec.   88.05, Sec.                                                      requirements to
  88.09, Sec.   88.11, Sec.   88.12,                                                      industry.
 Sec.   88.13, Sec.   88.15.                                                             Benefits: Adherence to
                                                                                COLREGS formatting.
                                                                                Simplifies use between
                                                                                COLREGS and the CFR.
----------------------------------------------------------------------------------------------------------------
                                            Discretionary Provisions
----------------------------------------------------------------------------------------------------------------
Sec.   83.07(b)......................  Vessels with navigation  All vessels............  Cost: $0 Current
                                        technology must use it                            industry practices
                                        for collision                                     already use these
                                        avoidance purposes.                               types of navigational
                                                                                equipment.
                                                                                Benefit: Expands option
                                                                                of auxiliary
                                                                                navigational
                                                                                equipment. If
                                                                                equipment is installed
                                                                                and used, it can
                                                                                reduce risk of
                                                                                collisino.
                                                                                Incorporates NAVSAC
                                                                                recommendations.
Sec.   83.25(d)......................  Allows the optional use  Sailing vessels of less  Cost: $0 Vessels can
                                        of an all-round white    than 7 meters in         use additional
                                        light.                   length.                  lighting in the form
                                                                                of an all-round white
                                                                                light.
                                                                Vessels under oars.....   Does not require the
                                                                                purchase of additional
                                                                                equipment.
                                                                                Benefits: Allows for
                                                                                more lighting options
                                                                                for better visibility.
                                                                                Incorporates NAVSAC
                                                                                and NBSAC
                                                                                recommendations.
Sec.   83.26(c)......................  Removes contradictory    Fishing vessel (non-     Cost: $0 Removes
                                        requirement. Provides    trawling).               contradictory
                                        clear standard.                                   statement.
                                                                                Benefit: Provides a
                                                                                clear standard.
----------------------------------------------------------------------------------------------------------------

Costs
---------------------------------------------------------------------------

    \3\ By 1995, the Coast Guard considered telegraph to be
obsolete. http://www.gpo/fdsys/pkg/FR-1995-01-27/pdf/95-2092.pdf
---------------------------------------------------------------------------

    As stated in section III. Basis and Purpose of this preamble, the
primary purpose of this proposed rule is to harmonize existing domestic
law with the current international law.
    Most of the provisions harmonize the CFR with COLREGs by moving
sections to different locations, renumbering, or reformatting.\4\ There
are six changes to COLRREGS that affect specific vessels. The first
change incorporates WIG craft into the population of affected vessels.
The second change removes the need for a bell, particularly for new
vessels of 12 meters or greater, but less than 20 meters. The third
COLREGS provisions modify sound requirements for certain vessels. The
fourth change modifies the formula for lighting requirements for high-
speed vessels. The fifth significant COLREGS provision removes
radiotelegraphs and radiotelephones as approved equipment for distress
calls. The sixth and final change adds language about the combination
of partially submerged vessels.
---------------------------------------------------------------------------

    \4\ International Maritime Organization. Convention On the
International Regulations For Preventing Collisions at Sea, 2003
(Consolidated Edition 2003). www.imo.org.
---------------------------------------------------------------------------

    A more detailed description of these changes is outlined in the
following paragraphs. One other harmonizing change adds a preemption
provision explaining that the codified regulation preempts state or
local law within the same field. This provision complies with the
Presidential memorandum and EO 13132, which requires executive agencies
to ensure that its preemption statements have a sufficient legal basis
and to make explicit in the codified regulation its intention to
preempt State law, but does not change the compliance standards for
vessels.
    1. Wing-in-Ground (WIG) Craft. As stated in the preamble of this
NPRM, there are ongoing prototype and feasibility testing in the United
States for WIG crafts. While we do not have any information as to the
success rate of these tests, we assume that even prototype versions may
be tested on inland waters or that some of them would successfully pass
testing.
    Given the existence of prototype testing and the possibility of one
being successful, we estimate that there may be one new vessel
operating on inland waters in any given year.\5\ Assuming that there
may be one WIG craft in any given year, the incremental cost is to
install an all-round, high-intensity red light.
---------------------------------------------------------------------------

    \5\ There has been some experimentation in developing WIG craft
in some other countries, which would explain the additional language
to incorporate WIG craft into regulation. Currently, there are only
3 currently in existence internationally. News regarding the
Singaporean-flagged WIG craft: http://www.wigetworks.com/pdf/Press_Release-MV_Airfish_8_Christening_Ceremony.pdf. News regarding
the two Korean WIG craft: http://articles.maritimepropulsion.com/article/Wing-in-Gound-Effect-Craft-e28093-Furure-is-Here-Say-Korean-Shipbuilders41727.aspx.
---------------------------------------------------------------------------

    We then calculated cost to install the required light for WIG craft
masthead light based on the growth rate (one vessel annually),
multiplied by the cost of the light (one light required per vessel),
and determined that this section of the proposed rule would provide a
total undiscounted cost of $1,119.\6\ Table 5 describes the costs in
terms of per vessel, annual savings, and total undiscounted cost.
---------------------------------------------------------------------------

    \6\ The average cost for an all-round red light is: $112. The
low cost is: $70 http://www.go2marine.com/item/16246/series-40-all-round-navigation-lights-40004.html?WT.mc_id=gb1&utm_source=googlebase&utm_medium=productfeed&utm_campaign=googleshopping. The high cost is $153 http://
shop.sailboatowners.com/prod.php?5910/Series+32+All-
Round+LED+Lights.

              Table 5--Per Vessel, Average, Recurring, Total 10-year Undiscounted/Discounted Costs
----------------------------------------------------------------------------------------------------------------
                                                                Total 10-year
      Future vessel population (annual)          Per vessel      undiscounted    7% Discounted    3% Discounted
                                                    cost             cost         10-year cost     10-year cost
----------------------------------------------------------------------------------------------------------------
1...........................................             $112           $1,119             $786             $954
----------------------------------------------------------------------------------------------------------------
Note: numbers may not add due to rounding.

    Table 8 provides the breakdown of cost, both undiscounted and
discounted (at 3 and 7 percent rates), over the 10-year period of
analysis.

                            Table 6--Total 10-year Undiscounted and Discounted Costs
----------------------------------------------------------------------------------------------------------------
                                                                                7% Discounted    3% Discounted
                             Year                                Undiscounted        costs            costs
----------------------------------------------------------------------------------------------------------------
Year 1.......................................................             $112             $105             $109
Year 2.......................................................              112               98              105
Year 3.......................................................              112               91              102
Year 4.......................................................              112               85               99
Year 5.......................................................              112               80               97
Year 6.......................................................              112               75               94
Year 7.......................................................              112               70               91
Year 8.......................................................              112               65               88
Year 9.......................................................              112               61               86
Year 10......................................................              112               57               83
                                                              --------------------------------------------------
    Total....................................................            1,119              786              954
Annualized...................................................              112              112              112
----------------------------------------------------------------------------------------------------------------

    2. New vessels of 12 meters or more, but less than 20 meters, in
length. One of the provisions in this NPRM removes the need for bells
on vessels of 12 meters or more, but less than 20 meters, in length.
This means that existing vessels of such length have the option of
removing their bells, but are not required to do so. There is no cost
to existing vessels since the provision does not require additional
equipment or changes, nor does it require the removal of existing
equipment. We estimate potential cost savings for new vessels using the
assumption that owners would choose to follow this new provision and
not install a bell. In other words, our estimate illustrates the
maximum cost savings that industry would receive.
    In order to estimate the cost savings from not installing bells, we
took a high range cost and a low range cost to calculate the average
retail price of a bell ($299) to represent potential costs incurred by
the owner should the owner choose to purchase and install a bell.\7,8\
We then estimated the future growth rate based on the build years of
vessels listed in the Marine Information for Safety and Law Enforcement
database from the years 2008 to 2011. During this time, 3,628 vessels
were built in the 12-20 meter size range at an average rate of 907
annually (or 0.01 percent of the total population). We then calculated
cost savings to industry based on the growth rate, multiplied by the
cost of a bell, and determined that this section of the proposed rule
would provide a 10-year total undiscounted cost savings of $2.72
million. Table 7 describes the savings in terms of per vessel, annual
savings, and total undiscounted savings.
---------------------------------------------------------------------------

    \7\ The cost to purchase an 8-inch bell is based on publically
available information. Costs range between $109 and $489, making the
average cost price $299. Date accessed April 2012. Low cost: http://www.westmarine.com/webapp/wcs/stores/servlet/ProductDisplay?productId=101003&catalogId=10001&langId=-1&storeId=11151&storeNum=50751&subdeptNum=50765&classNum=50766. High
cost: http://www.wmjmarine.com/34437.html.
    \8\ Based on subject matter experts including industry and Coast
Guard, manufacturers of recreational vessels do not install bells on
the vessels. In order to comply with current regulations, owners
would purchase a bell 200 mm in diameter (approx. 8 inches) on the
retail market and install it themselves.

   Table 7--Per Vessel (Greater Than or Equal to 12 Meters, but Less Than 20 Meters in Length), Recurring, and
                                        Total 10-year Undiscounted Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Total 10-year
              Future vessel population (annual)                   Per vessel      Annual cost      undiscounted
                                                                 cost savings       savings        cost savings
----------------------------------------------------------------------------------------------------------------
907..........................................................             $299         $271,642       $2,716,420
----------------------------------------------------------------------------------------------------------------
Note: numbers may not add due to rounding.

    Table 8 provides the breakdown of cost savings, both undiscounted
and discounted (at 3 and 7 percent rates), over the 10-year period of
analysis.

                               Table 8--10-year Undiscounted and Discounted Rates
----------------------------------------------------------------------------------------------------------------
                                                                                7% Discount      3% Discount
                             Year                                Undiscounted        rates            rates
----------------------------------------------------------------------------------------------------------------
Year 1.......................................................         $271,642         $253,871         $263,730
Year 2.......................................................          271,642          237,263          256,049
Year 3.......................................................          271,642          221,741          248,591
Year 4.......................................................          271,642          207,234          241,350
Year 5.......................................................          271,642          193,677          234,321
Year 6.......................................................          271,642          181,007          227,496
Year 7.......................................................          271,642          169,165          220,870
Year 8.......................................................          271,642          158,098          214,437
Year 9.......................................................          271,642          147,755          208,191
Year 10......................................................          271,642          138,089          202,127
                                                              --------------------------------------------------
    Total....................................................       $2,716,420       $1,907,899       $2,317,161
Annualized...................................................         $271,642         $271,642         $271,642
----------------------------------------------------------------------------------------------------------------

    3. Sound requirements based on the length of a vessel. Other
modifications to sound requirements include the usage of a bell on
certain vessels, and the relaxation of frequency standards for other
vessels. As stated in the paragraphs dealing with cost savings, vessels
of 12 meters or more in length are not required to have a bell. Should
the owner choose to retain the bell and then decide to use it, the bell
must be used at 2-minute intervals.
    For whistles used on vessels of less than 75 meters in length, the
acceptable range for frequencies would be expanded. This provision does
allow for the purchase of whistles that sound in the newly expanded
ranges. The required sound pressure levels for vessels of 20 meters or
more in length would also be relaxed. Currently, whistles for these
vessels need to project the appropriate sound pressure levels measured
at multiple frequency ranges. Our proposed rule would require the
whistle to obtain a single minimum sound pressure level, which is based
on the vessel's length, and is measured at only one frequency range.
    There would be no cost for this provision as this does not require
the replacement of an existing whistle as those would still be within
the proposed standards. Instead, purchasers of new whistles would have
greater whistle options.
    4. High-speed Craft. The proposed lighting requirement replaces the
established formula for placement of masthead lighting for new, high-
speed vessels of 50 meters or greater in length

with length to beam ratios greater than 3. This proposed formula, if
promulgated would set a lower minimum height for the main masthead
light than the current U.S. formula. This modification is needed
because wide, high speed vessels often operate with some angle of
trim,\9\ which makes complying with the original formula onerous. The
proposed formula accounts for trim, and aligns U.S. regulation with
international standards. We anticipate that this proposed formula would
not change the lighting requirements for existing vessels as the
proposed formula is less strict about the height of the masthead
(forward and main mast). We also anticipate that this requirement will
maintain an equivalent level of safety as that provided by the current
formula for mast head height.
---------------------------------------------------------------------------

    \9\ Angle of trim describes the orientation of a vessel with
respect to the water. For example, zero trim occurs when the fore
and aft drafts are the same.
---------------------------------------------------------------------------

    5. Radiotelegraphs and Radiotelephones alarms and updates to
approved emergency distress call equipment. Another COLREGS change
involves the removal of radiotelegraph alarms and radiotelephone alarms
as approved equipment for announcing distress except via Morse Code
SOS. This type of equipment is currently obsolete and is no longer used
by industry. Also, this change was made in SOLAS V in 1999. It was also
instituted domestically by the Coast Guard since the 1990s and has been
in effect since then.\10\ We found no companies that use this equipment
for distress signals. Since no vessel uses this equipment, there is no
cost to purchase new equipment and no cost to remove this reference.
---------------------------------------------------------------------------

    \10\ http://www.gpo.gov/fdsys/pkg/FR-1995-01-27/pdf/95-2092.pdf.
---------------------------------------------------------------------------

    6. Partially sunken vessels and objects being towed in combination.
Currently, partially submerged vessels or objects being towed must
follow certain lighting and shape requirements. This provision would
state that any combination of these two items being towed would also
need to follow the same lighting and shape requirements. The main
intent of this change is to conform with COLREGS. This provision was
listed in COLREGS, but was accidentally left out when the provision was
transferred to our regulations. Combinations of towed objects may be
lit the same as individual objects. This means there are no additional
lighting requirements that exist for combinations that didn't exist for
individuals.
    Other harmonizing changes to the CFR are non-substantive and simply
align current regulations to match the formatting of COLREGS (refer to
Table 4 for the summary of these non-substantive changes). Overall, we
estimate that the harmonizing provisions of this proposed rule would
have no cost to industry.
    As noted above, there is a second category of changes being
proposed by this NPRM, which recommendations from NAVSAC. These changes
represent discretionary actions on the part of the Coast Guard. The
recommended changes from NAVSAC allow for the use of additional
equipment as a means of reducing risk of collision. Specifically,
NAVSAC recommended the optional use of an all-round white light. NAVSAC
also recommended changes to navigation requirements. Vessels would have
the option of using the latest technology in navigational equipment
besides radar, requiring that if such equipment is installed, it must
be used for collision avoidance. As optional requirements, the Coast
Guard anticipates that only those vessel owners/operators that foresee
a benefit (safety or otherwise) greater than costs would install such a
light--neither of these costs nor benefits are estimated here. Also,
because neither of these changes would require the purchase of new
equipment, they do not carry any costs.
    One final change proposed by this NPRM is to correct contradictory
requirements that currently exist in the CFR regarding the placement of
lights. 33 CFR 83.26 Paragraph (c) defines the lights used by a vessel
engaged in fishing other than trawling. The first paragraph (c), which
was correct in U.S.C. and only was inadvertently changed in 2010 when
the Inland Navigation Rules were transferred to CFR, describes the
lights for vessels engaged in trawling which are correctly defined in
paragraph (b). The second paragraph (c) correctly describes the lights
required by vessels engaged in fishing other than trawling. Should
vessel owners try to comply with both requirements, there would be no
replacement cost because they would be complying with the correct one.
In the event that vessel owners were confused as to which paragraph (c)
to follow, we assume that owners would have verified which one by
checking COLREGS. Since this change will not require the purchase of
additional equipment, but rather reduce confusion in regulation, this
change would not require an additional cost burden to vessel owners.
    Since the overall impact of this proposed rule is to relax existing
requirements on certain vessels, the only cost in this proposed rule is
the cost to install an all-round red light on future WIG craft. Since
the remaining changes would not involve a change in compliance
standards, there are no costs associated with the other requirements.
Benefits
    Benefits from harmonizing current inland navigation rules with the
COLREGS would be ensuring that the United States, as a signatory to the
COLREGS, aligns its domestic regulations as close as practicable to the
international standards. Publishing these regulations in the CFR
provides greater awareness to the public of changes to the COLREGS and
allows for greater public input in terms of its application to inland
navigation. Modifying the format and numbering of the regulations to
match the formatting and numbering of COLREGS allows for ease of use in
terms of referencing either document for requirements.
    The more significant COLREGS changes primarily expand current
options available for vessels to use, particularly for those dealing
with lighting and sound. As a result, vessel owners or operators would
find it easier to comply with the proposed regulations than with the
existing ones.
    Specific benefits from the more significant COLREGS changes are as
follows:
    1. Wing-in-Ground (WIG) Craft. Adding WIG craft to the list of
vessels conforms with COLREGS. Given the possibility of future growth,
these changes provide WIG craft guidance on navigation and lighting.
    2. New vessels of 12 meters or more, but less than 20 meters, in
length. Vessels of this length no longer need a bell. Not having a bell
provides greater regulatory flexibility. If the vessel has a bell, the
vessel must use it properly. Proper usage of a bell reduces risk of
collision if proper sound signal is used during reduced visibility.
    3. Sound requirements based on the length of a vessel. This change
expands the acceptable range for fundamental frequencies, which
provides less stringent standards and allows for greater options of
whistles for new vessels.
    4. High-speed Craft. The proposed regulation changes the lighting
formula, making lighting requirements more lenient by accommodating new
vessels with novel designs. This change conforms with COLREGS.
    5. Radiotelegraphs and Radiotelephones alarms and updates to
approved emergency distress call equipment. This change provides
regulatory flexibility by updating the list of approved distress signal
equipment to

incorporate the latest technologies and remove outdated ones.
    6. Partially sunken vessels and objects being towed in combination.
Objects being towed must follow certain lighting and shape
requirements. Towing multiple or combinations of such vessels and
objects would also need to follow the same lighting and shape
requirements. This conforms with COLREGS.
    This proposed rule also includes benefits from incorporating NAVSAC
and NBSAC recommended regulations. NAVSAC recommended the optional use
of an all-round white light. Should owners opt to install an all-round
white light to a vessel of less than 7 meters in length or a vessel
under oars, the benefit would be greater visibility for that vessel.
Greater visibility would reduce the risk of collision, particularly in
the period between sunset and sunrise and during periods of reduced
visibility.
    NAVSAC also recommended changes to navigation requirements, such as
requiring vessels to use navigation technology for collision avoidance
purposes. Adopting the requirement to use already installed
navigational technology for collision avoidance purposes reduces the
risk of a collision.
    Finally this NPRM proposes fixing an erroneous, contradictory
provision in the regulations. Removing the contradictory paragraph
provides a clear standard that vessel owners can follow.
    All of these recommendations would provide greater regulatory
flexibility as a means of reducing risk of collision.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    As discussed in the cost section of this regulatory analysis, the
primary purpose of this proposed rule is to align existing domestic law
with international law, but there are also discretionary proposals
included in this NPRM. Compliance with both harmonizing and
discretionary provisions would not require any additional burden to
vessel owners, including small entities. Most harmonizing changes would
be made to use consistent formatting between the CFR and COLREGS, which
in turn provides ease of use for owners. New vessels would have greater
options in terms of lighting modifications, navigation equipment, and
sound equipment.
    Discretionary changes would also provide greater regulatory
flexibility to small entities in terms of allowing the use of optional
lighting and additional navigational equipment. We conclude that there
would be no additional costs to small entities complying with this
proposed rule. There would be a cost savings for vessel manufacturers
who would no longer need to install a bell for vessels of equal to or
more than 12 meters, but less than 20 meters, in length. The only cost
of the proposed rule would be for one new WIG craft a year to install
an all-round, high-intensity red light for about $112.\5\ Currently, we
estimate there are no small entities affected by this proposed rule
that plan to operate new WIG crafts.
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    \5\ There has been some experimentation in developing WIG craft
in some other countries, which would explain the additional language
to incorporate WIG craft into regulation. Currently, there are only
3 currently in existence internationally and none in the U.S. News
regarding the Singaporean-flagged WIG craft: http://www.wigetworks.com/pdf/Press_Release-MV_Airfish_8_Christening_Ceremony.pdf. News regarding the two Korean WIG craft: http://articles.maritimepropulsion.com/article/Wing-in-Gound-Effect-Craft-e28093-Future-is-Here-Say-Korean-Shipbuilders41727.aspx.
---------------------------------------------------------------------------

    As there are small costs and a net cost savings associated with
this proposed rule, the Coast Guard certifies under 5 U.S.C. 605(b)
that this proposed rule, if promulgated, would not have a significant
economic impact on a substantial number of small entities. If you think
that your business, organization, or governmental jurisdiction
qualifies as a small entity and that this rule would have a significant
economic impact on it, please submit a comment to the Docket Management
Facility at the address under ADDRESSES. In your comment, explain why
you think it qualifies and how and to what degree this rule would
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult LCDR Megan Cull by
phone at,<PHONE_NUMBER> or via email at<EMAIL_ADDRESS>The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. In 33 U.S.C. 2071, Congress
specifically granted to the Secretary the authority to prescribe
``inland navigation regulations applicable to all vessels upon the
inland waters of the United States and technical annexes that are as
consistent as possible with the respective annexes to the International
Regulations.'' As this proposed rulemaking would update existing inland
navigation regulations, it falls within the scope of authority Congress
granted exclusively to the Secretary and States may not regulate within
this category.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    The Coast Guard has analyzed this proposed rule under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use. The Coast Guard has determined
that it is not a ``significant energy action'' under that order because
it is not a ``significant regulatory action'' under Executive Order
12866 and is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. This rule is likely to be
categorically excluded under section 2.B.2, figure 2-1, paragraph
(34)(i) of the Instruction and 6(a) of the Federal Register, Vol. 67,
No. 141, Tuesday, July 23, 2002, page 48243. This rule involves
regulations that are in aid of navigation, such as those concerning the
rules of the road, COLREGS, bridge-to-bridge communications, vessel
traffic services, and marking of navigation systems. An environmental
analysis checklist is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects

33 CFR Part 83

    Navigation (water), Waterways.

33 CFR Part 84

    Incorporation by reference, Navigation (water), Waterways.

33 CFR Part 85

    Fishing vessels, Navigation (water), Waterways.

33 CFR Part 86

    Navigation (water), Waterways.

33 CFR Part 87

    Navigation (water), Waterways.

33 CFR Part 88

    Navigation (water), Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 83 through 88 as follows:

TITLE 33: NAVIGATION AND NAVIGABLE WATERS

    1. Revise part 83 to read as follows:

PART 83--RULES

Subpart A--General
Sec.
83.01 Application (Rule 1).
83.02 Responsibility (Rule 2).
83.03 General definitions (Rule 3).
Subpart B--Steering and Sailing Rules

Conduct of Vessels in Any Condition of Visibility

83.04 Application (Rule 4).
83.05 Look-out (Rule 5).
83.06 Safe speed (Rule 6).
83.07 Risk of collision (Rule 7).
83.08 Action to avoid collision (Rule 8).
83.09 Narrow channels (Rule 9).
83.10 Traffic separation schemes (Rule 10).

Conduct of Vessels in Sight of One Another

83.11 Application (Rule 11).
83.12 Sailing vessels (Rule 12).
83.13 Overtaking (Rule 13).
83.14 Head-on situation (Rule 14).
83.15 Crossing situation (Rule 15).
83.16 Action by give-way vessel (Rule 16).
83.17 Action by stand-on vessel (Rule 17).
83.18 Responsibilities between vessels (Rule 18).

Conduct of Vessels in Restricted Visibility

83.19 Conduct of vessels in restricted visibility (Rule 19).
Subpart C--Lights and Shapes
83.20 Application (Rule 20).
83.21 Definitions (Rule 21).
83.22 Visibility of lights (Rule 22).
83.23 Power-driven vessels underway (Rule 23).
83.24 Towing and pushing (Rule 24).
83.25 Sailing vessels underway and vessels under oars (Rule 25).
83.26 Fishing vessels (Rule 26).
83.27 Vessels not under command or restricted in their ability to
maneuver (Rule 27).
83.28 [Reserved] (Rule 28).
83.29 Pilot vessels (Rule 29).
83.30 Anchored vessels and vessels aground (Rule 30).
83.31 Seaplanes (Rule 31).
Subpart D--Sound and Light Signals
83.32 Definitions (Rule 32).
83.33 Equipment for sound signals (Rule 33).
83.34 Maneuvering and warning signals (Rule 34).
83.35 Sound signals in restricted visibility (Rule 35).
83.36 Signals to attract attention (Rule 36).
83.37 Distress signals (Rule 37).
Subpart E--Exemptions
83.38 Exemptions (Rule 38).

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1028 (33 U.S.C.
2001); Department of Homeland Security Delegation No. 0170.1.

Subpart A--General

Sec.  83.01  Application (Rule 1).

    (a) These Rules apply to all vessels upon the inland waters of the
United States, and to vessels of the United States on the Canadian
waters of the Great Lakes to the extent that there is no conflict with
Canadian law. The regulations in this subchapter have preemptive effect
over State or local regulation within the same field.
    (b)(i) These Rules constitute special rules made by an appropriate
authority within the meaning of Rule 1(b) of the International
Regulations for Preventing Collisions at Sea, 1972, including annexes
currently in force for the United States (``International
Regulations'').
    (ii) All vessels complying with the construction and equipment
requirements of the International Regulations are considered to be in
compliance with these Rules.
    (c) Nothing in these Rules shall interfere with the operation of
any special rules made by the Secretary of the Navy with respect to
additional station or signal lights and shapes or whistle signals for
ships of war and vessels proceeding under convoy, or by the Secretary
with respect to additional station or signal lights and shapes for
fishing vessels engaged in fishing as a fleet. These additional station
or signal lights and shapes or whistle signals shall, so far as
possible, be such that they cannot be mistaken for any light, shape, or
signal authorized elsewhere under these Rules. Notice of such special
rules shall be published in the Federal Register and, after the
effective date specified in such notice, they shall have effect as if
they were a part of these Rules.
    (d) Traffic separation schemes may be established for the purpose
of these Rules. Vessel traffic service regulations may be in effect in
certain areas.
    (e) Whenever the Secretary determines that a vessel or class of
vessels of special construction or purpose cannot comply fully with the
provisions of any of these Rules with respect to the number, position,
range, or arc of visibility of lights or shapes, as well as to the
disposition and characteristics of sound-signaling appliances, the
vessel shall comply with such other provisions in regard to the number,
position, range, or arc of visibility of lights or shapes, as well as
to the disposition and characteristics of sound-signaling appliances,
as the Secretary shall have determined to be the closest possible
compliance with these Rules. The Secretary may issue a certificate of
alternative compliance for a vessel or class of vessels specifying the
closest possible compliance with these Rules. The Secretary of the Navy
shall make these determinations and issue certificates of alternative
compliance for vessels of the Navy.
    (f) The Secretary may accept a certificate of alternative
compliance issued by a contracting party to the International
Regulations if it determines that the alternative compliance standards
of the contracting party are substantially the same as those of the
United States.
    (g) The operator of each self-propelled vessel 12 meters or more in
length shall carry on board and maintain for ready reference a copy of
these Rules.

Sec.  83.02  Responsibility (Rule 2).

    (a) Nothing in these Rules shall exonerate any vessel, or the
owner, master, or crew thereof, from the consequences of any neglect to
comply with these Rules or of the neglect of any precaution which may
be required by the ordinary practice of seamen, or by the special
circumstances of the case.
    (b) In construing and complying with these Rules due regard shall
be had to all dangers of navigation and collision and to any special
circumstances, including the limitations of the vessels involved, which
may make a departure from these Rules necessary to avoid immediate
danger.

Sec.  83.03  General definitions (Rule 3).

    For the purpose of these Rules and this chapter, except where the
context otherwise requires:
    (a) The word vessel includes every description of water craft,
including nondisplacement craft, WIG craft and seaplanes, used or
capable of being used as a means of transportation on water;
    (b) The term power-driven vessel means any vessel propelled by
machinery;
    (c) The term sailing vessel means any vessel under sail provided
that propelling machinery, if fitted, is not being used;
    (d) The term vessel engaged in fishing means any vessel fishing
with nets, lines, trawls, or other fishing apparatus which restricts
maneuverability, but does not include a vessel fishing with trolling
lines or other fishing apparatus which do not restrict maneuverability;
    (e) The word seaplane includes any aircraft designed to maneuver on
the water;
    (f) The term vessel not under command means a vessel which, through
some exceptional circumstance, is unable to maneuver as required by
these Rules and is therefore unable to keep out of the way of another
vessel;
    (g) The term vessel restricted in her ability to maneuver means a
vessel which, from the nature of her work, is restricted in her ability
to maneuver as required by these Rules and is therefore unable to keep
out of the way of another vessel; vessels restricted in their ability
to maneuver include, but are not limited to:
    (i) A vessel engaged in laying, servicing, or picking up a
navigation mark, submarine cable, or pipeline;
    (ii) A vessel engaged in dredging, surveying, or underwater
operations;
    (iii) A vessel engaged in replenishment or transferring persons,
provisions, or cargo while underway;
    (iv) A vessel engaged in the launching or recovery of aircraft;
    (v) A vessel engaged in mine clearance operations; and
    (vi) A vessel engaged in a towing operation such as severely
restricts the towing vessel and her tow in their ability to deviate
from their course.
    (h) [Reserved]
    (i) The word underway means that a vessel is not at anchor, or made
fast to the shore, or aground;
    (j) The words length and breadth of a vessel mean her length
overall and greatest breadth;
    (k) Vessels shall be deemed to be in sight of one another only when
one can be observed visually from the other;
    (l) The term restricted visibility means any condition in which
visibility is restricted by fog, mist, falling snow, heavy rainstorms,
sandstorms, or any other similar causes;
    (m) The term Wing-In-Ground (WIG) craft means a multimodal craft
which, in its main operational mode, flies in close proximity to the
surface by utilizing surface-effect action;
    (n) Western Rivers means the Mississippi River, its tributaries,
South Pass, and Southwest Pass, to the navigational demarcation lines
dividing the high seas from harbors, rivers, and other inland waters of
the United States, and the Port Allen-Morgan City Alternate Route, and
that part of the Atchafalaya River above its junction with the Port
Allen-Morgan City Alternate Route including the Old River and the Red
River;
    (o) Great Lakes means the Great Lakes and their connecting and
tributary waters including the Calumet River as far as the Thomas J.
O'Brien Lock and Controlling Works (between mile 326 and 327), the
Chicago River as far as the east side of the Ashland Avenue Bridge
(between mile 321 and 322), and the

Saint Lawrence River as far east as the lower exit of Saint Lambert
Lock;
    (p) Secretary means the Secretary of the Department in which the
Coast Guard is operating;
    (q) Inland Waters means the navigable waters of the United States
shoreward of the navigational demarcation lines dividing the high seas
from harbors, rivers, and other inland waters of the United States and
the waters of the Great Lakes on the United States side of the
International Boundary;
    (r) Inland Rules or Rules mean the Inland Navigational Rules and
the annexes thereto, which govern the conduct of vessels and specify
the lights, shapes, and sound signals that apply on inland waters; and
    (s) International Regulations means the International Regulations
for Preventing Collisions at Sea, 1972, including annexes currently in
force for the United States.

Subpart B--Steering and Sailing Rules

Conduct of Vessels in Any Condition of Visibility

Sec.  83.04  Application (Rule 4).

    Rules in this subpart apply in any condition of visibility.

Sec.  83.05  Look-out (Rule 5).

    Every vessel shall at all times maintain a proper look-out by sight
and hearing as well as by all available means appropriate in the
prevailing circumstances and conditions so as to make a full appraisal
of the situation and of the risk of collision.

Sec.  83.06  Safe speed (Rule 6).

    Every vessel shall at all times proceed at a safe speed so that she
can take proper and effective action to avoid collision and be stopped
within a distance appropriate to the prevailing circumstances and
conditions.
    In determining a safe speed the following factors shall be among
those taken into account:
    (a) By all vessels:
    (i) The state of visibility;
    (ii) The traffic density including concentration of fishing vessels
or any other vessels;
    (iii) The maneuverability of the vessel with special reference to
stopping distance and turning ability in the prevailing conditions;
    (iv) At night, the presence of background light such as from shores
lights or from back scatter of her own lights;
    (v) The state of wind, sea, and current, and the proximity of
navigational hazards; and
    (vi) The draft in relation to the available depth of water.
    (b) Additionally, by vessels with operational radar:
    (i) The characteristics, efficiency and limitations of the radar
equipment;
    (ii) Any constraints imposed by the radar range scale in use;
    (iii) The effect on radar detection of the sea state, weather, and
other sources of interference;
    (iv) The possibility that small vessels, ice and other floating
objects may not be detected by radar at an adequate range;
    (v) The number, location, and movement of vessels detected by
radar; and
    (vi) The more exact assessment of the visibility that may be
possible when radar is used to determine the range of vessels or other
objects in the vicinity.

Sec.  83.07  Risk of collision (Rule 7).

    (a) Every vessel shall use all available means appropriate to the
prevailing circumstances and conditions to determine if risk of
collision exists. If there is any doubt such risk shall be deemed to
exist.
    (b) Proper use shall be made of radar and other electronic
equipment if fitted and operational, including long-range scanning to
obtain early warning of risk of collision and radar plotting or
equivalent systematic observation of detected objects.
    (c) Assumptions shall not be made on the basis of scanty
information, especially scanty radar information.
    (d) In determining if risk of collision exists the following
considerations shall be among those taken into account:
    (i) Such risk shall be deemed to exist if the compass bearing of an
approaching vessel does not appreciably change; and
    (ii) Such risk may sometimes exist even when an appreciable bearing
change is evident, particularly when approaching a very large vessel or
a tow or when approaching a vessel at close range.

Sec.  83.08  Action to avoid collision (Rule 8).

    (a) Any action taken to avoid collision shall be taken in
accordance with the Rules of this Part and shall, if the circumstances
of the case admit, be positive, made in ample time and with due regard
to the observance of good seamanship.
    (b) Any alteration of course and/or speed to avoid collision shall,
if the circumstances of the case admit, be large enough to be readily
apparent to another vessel observing visually or by radar; a succession
of small alterations of course and/or speed should be avoided.
    (c) If there is sufficient sea room, alteration of course alone may
be the most effective action to avoid a close-quarters situation
provided that it is made in good time, is substantial and does not
result in another close-quarters situation.
    (d) Action taken to avoid collision with another vessel shall be
such as to result in passing at a safe distance. The effectiveness of
the action shall be carefully checked until the other vessel is finally
past and clear.
    (e) If necessary to avoid collision or allow more time to assess
the situation, a vessel shall slacken her speed or take all way off by
stopping or reversing her means of propulsion.
    (f)(i) A vessel which, by any of these Rules, is required not to
impede the passage or safe passage of another vessel shall, when
required by the circumstances of the case, take early action to allow
sufficient sea room for the safe passage of the other vessel.
    (ii) A vessel required not to impede the passage or safe passage of
another vessel is not relieved of this obligation if approaching the
other vessel so as to involve risk of collision and shall, when taking
action, have full regard to the action which may be required by the
Rules of this part.
    (iii) A vessel the passage of which is not to be impeded remains
fully obliged to comply with the Rules of this part when the two
vessels are approaching one another so as to involve risk of collision.

Sec.  83.09  Narrow channels (Rule 9).

    (a)(i) A vessel proceeding along the course of a narrow channel or
fairway shall keep as near to the outer limit of the channel or fairway
which lies on her starboard side as is safe and practicable.
    (ii) Notwithstanding paragraph (a)(i) of this Rule 9 and Rule 14(a)
(33 CFR 83.14(a)), a power-driven vessel operating in narrow channels
or fairways on the Great Lakes, Western Rivers, or waters specified by
the Secretary, and proceeding downbound with a following current shall
have the right-of-way over an upbound vessel, shall propose the manner
and place of passage, and shall initiate the maneuvering signals
prescribed by Rule 34(a)(i) (33 CFR 83.34(a)(i)), as appropriate. The
vessel proceeding upbound against the current shall hold as necessary
to permit safe passing.
    (b) A vessel of less than 20 meters in length or a sailing vessel
shall not impede the passage of a vessel that can safely navigate only
within a narrow channel or fairway.
    (c) A vessel engaged in fishing shall not impede the passage of any
other vessel navigating within a narrow channel or fairway.

    (d) A vessel shall not cross a narrow channel or fairway if such
crossing impedes the passage of a vessel which can safely navigate only
within that channel or fairway. The latter vessel shall use the danger
signal prescribed in Rule 34(d) (33 CFR 83.34(d)) if in doubt as to the
intention of the crossing vessel.
    (e)(i) In a narrow channel or fairway when overtaking, the power-
driven vessel intending to overtake another power-driven vessel shall
indicate her intention by sounding the appropriate signal prescribed in
Rule 34(c) (33 CFR 83.34(c) and take steps to permit safe passing. The
power-driven vessel being overtaken, if in agreement, shall sound the
same signal and may, if specifically agreed to, take steps to permit
safe passing. If in doubt she shall sound the danger signal prescribed
in Rule 34(d) (33 CFR 83.34(d)).
    (ii) This Rule does not relieve the overtaking vessel of her
obligation under Rule 13 (33 CFR 83.13).
    (f) A vessel nearing a bend or an area of a narrow channel or
fairway where other vessels may be obscured by an intervening
obstruction shall navigate with particular alertness and caution and
shall sound the appropriate signal prescribed in Rule 34(e) (33 CFR
83.34(e)).
    (g) Any vessel shall, if the circumstances of the case admit, avoid
anchoring in a narrow channel.

Sec.  83.10  Traffic separation schemes (Rule 10).

    (a) This Rule 10 applies to traffic separation schemes and does not
relieve any vessel of her obligation under any other Rule in this part.
    (b) A vessel using a traffic separation scheme shall:
    (i) Proceed in the appropriate traffic lane in the general
direction of traffic flow for that lane;
    (ii) So far as practicable keep clear of a traffic separation line
or separation zone;
    (iii) Normally join or leave a traffic lane at the termination of
the lane, but when joining or leaving from either side shall do so at
as small an angle to the general direction of traffic flow as
practicable.
    (c) A vessel shall, so far as practicable, avoid crossing traffic
lanes but if obliged to do so shall cross on a heading as nearly as
practicable at right angles to the general direction of traffic flow.
    (d)(i) A vessel shall not use an inshore traffic zone when she can
safely use the appropriate traffic lane within the adjacent traffic
separation scheme. However, vessels of less than twenty meters in
length, sailing vessels, and vessels engaged in fishing may use the
inshore traffic zone.
    (ii) Notwithstanding paragraph (d)(i) of this Rule 10, a vessel may
use an inshore traffic zone when en route to or from a port, offshore
installation or structure, pilot station, or any other place situated
within the inshore traffic zone, or to avoid immediate danger.
    (e) A vessel other than a crossing vessel or a vessel joining or
leaving a lane shall not normally enter a separation zone or cross a
separation line except:
    (i) In cases of emergency to avoid immediate danger; or
    (ii) To engage in fishing within a separation zone.
    (f) A vessel navigating in areas near the terminations of traffic
separation schemes shall do so with particular caution.
    (g) A vessel shall so far as practicable avoid anchoring in a
traffic separation scheme or in areas near its terminations.
    (h) A vessel not using a traffic separation scheme shall avoid it
by as wide a margin as is practicable.
    (i) A vessel engaged in fishing shall not impede the passage of any
vessel following a traffic lane.
    (j) A vessel of less than 20 meters in length or a sailing vessel
shall not impede the safe passage of a power-driven vessel following a
traffic lane.
    (k) A vessel restricted in her ability to maneuver when engaged in
an operation for the maintenance of safety of navigation in a traffic
separation scheme is exempted from complying with this Rule to the
extent necessary to carry out the operation.
    (l) A vessel restricted in her ability to maneuver when engaged in
an operation for the laying, servicing, or picking up of a submarine
cable, within a traffic separation scheme, is exempted from complying
with this Rule to the extent necessary to carry out the operation.

Conduct of Vessels in Sight of One Another

Sec.  83.11  Application (Rule 11).

    Rules in this subpart apply to vessels in sight of one another.

Sec.  83.12  Sailing vessels (Rule 12).

    (a) 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:
    (i) When each has the wind on a different side, the vessel which
has the wind on the port side shall keep out of the way of the other;
    (ii) When both have 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; and
    (iii) If a vessel with the wind on the port side sees a vessel to
windward and cannot determine with certainty whether the other vessel
has the wind on the port or on the starboard side, she shall keep out
of the way of the other.
    (b) For the purpose of this Rule the windward side shall be deemed
to be the side opposite to that on which the mainsail is carried or, in
the case of a square-rigged vessel, the side opposite to that on which
the largest fore-and-aft sail is carried.

Sec.  83.13  Overtaking (Rule 13).

    (a) Notwithstanding anything contained in Rules 4 through 18 (33
CFR 83.04 through 83.18)), any vessel overtaking any other shall keep
out of the way of the vessel being overtaken.
    (b) A vessel shall be deemed to be overtaking when coming up with
another vessel from a direction more than 22.5 degrees abaft her beam;
that is, in such a position with reference to the vessel she is
overtaking, that at night she would be able to see only the sternlight
of that vessel but neither of her sidelights.
    (c) When a vessel is in any doubt as to whether she is overtaking
another, she shall assume that this is the case and act accordingly.
    (d) Any subsequent alteration of the bearing between the two
vessels shall not make the overtaking vessel a crossing vessel within
the meaning of these Rules or relieve her of the duty of keeping clear
of the overtaken vessel until she is finally past and clear.

Sec.  83.14  Head-on situation (Rule 14).

    (a) Unless otherwise agreed, when two power-driven vessels are
meeting on reciprocal or nearly reciprocal courses 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.
    (b) Such a situation shall be deemed to exist when a vessel sees
the other ahead or nearly ahead and by night she could see the masthead
lights of the other in a line or nearly in a line or both sidelights
and by day she observes the corresponding aspect of the other vessel.
    (c) When a vessel is in any doubt as to whether such a situation
exists she shall assume that it does exist and act accordingly.
    (d) Notwithstanding paragraph (a) of this Rule 14, a power-driven
vessel operating on the Great Lakes, Western Rivers, or waters
specified by the Secretary, and proceeding downbound with a following
current shall have the right-of-way over an upbound vessel,

shall propose the manner of passage, and shall initiate the maneuvering
signals prescribed by Rule 34(a)(i) (33 CFR 83.34(a)(i)), as
appropriate.

Sec.  83.15  Crossing situation (Rule 15).

    (a) When two power-driven vessels are crossing so as to involve
risk of collision, the vessel which has the other on her starboard side
shall keep out of the way and shall, if the circumstances of the case
admit, avoid crossing ahead of the other vessel.
    (b) Notwithstanding paragraph (a) of this Rule 15, on the Great
Lakes, Western Rivers, or water specified by the Secretary, a power-
driven vessel crossing a river shall keep out of the way of a power-
driven vessel ascending or descending the river.

Sec.  83.16  Action by give-way vessel (Rule 16).

    Every vessel which is directed to keep out of the way of another
vessel shall, so far as possible, take early and substantial action to
keep well clear.

Sec.  83.17  Action by stand-on vessel (Rule 17).

    (a)(i) Where one of two vessels is to keep out of the way, the
other shall keep her course and speed.
    (ii) The latter vessel may, however, take action to avoid collision
by her maneuver alone, as soon as it becomes apparent to her that the
vessel required to keep out of the way is not taking appropriate action
in compliance with these Rules.
    (b) When, from any cause, the vessel required to keep her course
and speed finds herself so close that collision cannot be avoided by
the action of the give-way vessel alone, she shall take such action as
will best aid to avoid collision.
    (c) A power-driven vessel which takes action in a crossing
situation in accordance with paragraph (a)(ii) of this Rule 17, to
avoid collision with another power-driven vessel shall, if the
circumstances of the case admit, not alter course to port for a vessel
on her own port side.
    (d) This Rule does not relieve the give-way vessel of her
obligation to keep out of the way.

Sec.  83.18  Responsibilities between vessels (Rule 18).

    Except where Rules 9, 10, and 13 (33 CFR 83.09, 83.10, and 83.13))
otherwise require:
    (a) A power-driven vessel underway shall keep out of the way of:
    (i) A vessel not under command;
    (ii) A vessel restricted in her ability to maneuver;
    (iii) A vessel engaged in fishing; and
    (iv) a sailing vessel.
    (b) A sailing vessel underway shall keep out of the way of:
    (i) A vessel not under command;
    (ii) A vessel restricted in her ability to maneuver; and
    (iii) A vessel engaged in fishing.
    (c) A vessel engaged in fishing when underway shall, so far as
possible, keep out of the way of:
    (i) A vessel not under command; and
    (ii) A vessel restricted in her ability to maneuver.
    (d) [Reserved].
    (e) A seaplane on the water shall, in general, keep well clear of
all vessels and avoid impeding their navigation. In circumstances,
however, where risk of collision exists, she shall comply with the
Rules of this Part.
    (f)(i) A WIG craft shall when taking off, landing and in flight
near the surface, keep well clear of all other vessels and avoid
impeding their navigation;
    (ii) A WIG craft operating on the water surface shall comply with
the Rules of this Part as a power-driven vessel.

Conduct of Vessels in Restricted Visibility

Sec.  83.19  Conduct of vessels in restricted visibility (Rule 19).

    (a) This Rule applies to vessels not in sight of one another when
navigating in or near an area of restricted visibility.
    (b) Every vessel shall proceed at a safe speed adapted to the
prevailing circumstances and conditions of restricted visibility. A
power-driven vessel shall have her engines ready for immediate
maneuver.
    (c) Every vessel shall have due regard to the prevailing
circumstances and conditions of restricted visibility when complying
with Rules 4 through 10 (33 CFR 83.04 through 83.10)).
    (d) A vessel which detects by radar alone the presence of another
vessel shall determine if a close-quarters situation is developing or
risk of collision exists. If so, she shall take avoiding action in
ample time, provided that when such action consists of an alteration of
course, so far as possible the following shall be avoided:
    (i) An alteration of course to port for a vessel forward of the
beam, other than for a vessel being overtaken; and
    (ii) An alteration of course toward a vessel abeam or abaft the
beam.
    (e) Except where it has been determined that a risk of collision
does not exist, every vessel which hears apparently forward of her beam
the fog signal of another vessel, or which cannot avoid a close-
quarters situation with another vessel forward of her beam, shall
reduce her speed to the minimum at which she can be kept on course. She
shall if necessary take all her way off and, in any event, navigate
with extreme caution until danger of collision is over.

Subpart C--Lights and Shapes

Sec.  83.20  Application (Rule 20).

    (a) Rules in this part shall be complied with in all weathers.
    (b) The Rules concerning lights shall be complied with from sunset
to sunrise, and during such times no other lights shall be exhibited,
except such lights as cannot be mistaken for the lights specified in
these Rules or do not impair their visibility or distinctive character,
or interfere with the keeping of a proper look-out.
    (c) The lights prescribed by these Rules shall, if carried, also be
exhibited from sunrise to sunset in restricted visibility and may be
exhibited in all other circumstances when it is deemed necessary.
    (d) The Rules concerning shapes shall be complied with by day.
    (e) The lights and shapes specified in these Rules shall comply
with the provisions of Annex I of these Rules (33 CFR part 84).
    (f) A vessel's navigation lights and shapes may be lowered if
necessary to pass under a bridge.

Sec.  83.21  Definitions (Rule 21).

    (a) Masthead light means a white light placed over the fore and aft
centerline of the vessel showing an unbroken light over an arc of the
horizon of 225 degrees and so fixed as to show the light from right
ahead to 22.5 degrees abaft the beam on either side of the vessel,
except that on a vessel of less than 12 meters in length the masthead
light shall be placed as nearly as practicable to the fore and aft
centerline of the vessel.
    (b) Sidelights mean a green light on the starboard side and a red
light on the port side each showing an unbroken light over an arc of
the horizon of 112.5 degrees and so fixed as to show the light from
right ahead to 22.5 degrees abaft the beam on its respective side. On a
vessel of less than 20 meters in length the side lights may be combined
in one lantern carried on the fore and aft centerline of the vessel,
except that on a vessel of less than 12 meters in length the sidelights
when combined in one lantern shall be placed as nearly as practicable
to the fore and aft centerline of the vessel.
    (c) Sternlight means a white light placed as nearly as practicable
at the stern showing an unbroken light over an arc of the horizon of
135 degrees and so

fixed as to show the light 67.5 degrees from right aft on each side of
the vessel.
    (d) Towing light means a yellow light having the same
characteristics as the ''sternlight'' defined in paragraph (c) of this
Rule.
    (e) All-round light means a light showing an unbroken light over an
arc of the horizon of 360 degrees.
    (f) Flashing light means a light flashing at regular intervals at a
frequency of 120 flashes or more per minute.
    (g) Special flashing light means a yellow light flashing at regular
intervals at a frequency of 50 to 70 flashes per minute, placed as far
forward and as nearly as practicable on the fore and aft centerline of
the tow and showing an unbroken light over an arc of the horizon of not
less than 180 degrees nor more than 225 degrees and so fixed as to show
the light from right ahead to abeam and no more than 22.5 degrees abaft
the beam on either side of the vessel.

Sec.  83.22  Visibility of lights (Rule 22).

    The lights prescribed in these Rules shall have an intensity as
specified in Annex I to these Rules (33 CFR part 84), so as to be
visible at the following minimum ranges:
    (a) In a vessel of 50 meters or more in length:

--A masthead light, 6 miles;
--A sidelight, 3 miles;
--A sternlight, 3 miles;
--A towing light, 3 miles;
--A white, red, green or yellow all-round light, 3 miles; and
--A special flashing light, 2 miles.

    (b) In a vessel of 12 meters or more in length but less than 50
meters in length:

--A masthead light, 5 miles; except that where the length of the vessel
is less than 20 meters, 3 miles;
--A sidelight, 2 miles;
--A sternlight, 2 miles;
--A towing light, 2 miles;
--A white, red, green or yellow all-round light, 2 miles; and
--A special flashing light, 2 miles.

    (c) In a vessel of less than 12 meters in length:

--A masthead light, 2 miles;
--A sidelight, 1 mile;
--A sternlight, 2 miles;
--A towing light, 2 miles;
--A white, red, green or yellow all-round light, 2 miles; and
--A special flashing light, 2 miles.

    (d) In an inconspicuous, partly submerged vessel or objects being
towed:

--A white all-round light, 3 miles.

Sec.  83.23  Power-driven vessels underway (Rule 23).

    (a) A power-driven vessel underway shall exhibit:
    (i) A masthead light forward;
    (ii) A second masthead light abaft of and higher than the forward
one; except that a vessel of less than 50 meters in length shall not be
obliged to exhibit such light but may do so;
    (iii) Sidelights; and
    (iv) A sternlight.
    (b) An air-cushion vessel when operating in the non-displacement
mode shall, in addition to the lights prescribed in paragraph (a) of
this Rule 23, exhibit an all-round flashing yellow light where it can
best be seen.
    (c) A WIG craft only when taking off, landing and in flight near
the surface shall, in addition to the lights prescribed in paragraph
(a) of this Rule 23, exhibit a high intensity all-round flashing red
light.
    (d) A power-driven vessel of less than 12 meters in length may, in
lieu of the lights prescribed in paragraph (a) of this Rule 23, exhibit
an all-round white light and sidelights.
    (e) A power-driven vessel when operating on the Great Lakes may
carry an all-round white light in lieu of the second masthead light and
sternlight prescribed in paragraph (a) of this Rule 23. The light shall
be carried in the position of the second masthead light and be visible
at the same minimum range.

Sec.  83.24  Towing and pushing (Rule 24).

    (a) A power-driven vessel when towing astern shall exhibit:
    (i) Instead of the light prescribed either in Rule 23(a)(i) or
23(a)(ii), two masthead lights in a vertical line. When the length of
the tow, measuring from the stern of the towing vessel to the after end
of the tow exceeds 200 meters, three such lights in a vertical line;
    (ii) Sidelights;
    (iii) A sternlight;
    (iv) A towing light in a vertical line above the sternlight; and
    (v) When the length of the tow exceeds 200 meters, a diamond shape
where it can best be seen.
    (b) When a pushing vessel and a vessel being pushed ahead are
rigidly connected in a composite unit they shall be regarded as a
power-driven vessel and exhibit the lights prescribed in Rule 23 (33
CFR 83.23).
    (c) A power-driven vessel when pushing ahead or towing alongside,
except as required by paragraphs (b) and (i) of this Rule 24, shall
exhibit:
    (i) Instead of the light prescribed either in Rule 23(a)(i) or
23(a)(ii), two masthead lights in a vertical line;
    (ii) Sidelights;
    (iii) Two towing lights in a vertical line.
    (d) A power-driven vessel to which paragraphs (a) or (c) of this
Rule 24 apply shall also comply with Rule 23(a)(i) and 23(a)(ii).
    (e) A vessel or object other than those referred to in paragraph
(g) of this Rule 24 being towed shall exhibit:
    (i) Sidelights;
    (ii) A sternlight; and
    (iii) When the length of the tow exceeds 200 meters, a diamond
shape where it can best be seen.
    (f) Provided that any number of vessels being towed alongside or
pushed in a group shall be lighted as one vessel, except as provided in
paragraph (f)(iii) of this Rule 24--
    (i) A vessel being pushed ahead, not being part of a composite
unit, shall exhibit at the forward end, sidelights and a special
flashing light;
    (ii) A vessel being towed alongside shall exhibit a sternlight and
at the forward end, sidelights and a special flashing light; and
    (iii) When vessels are towed alongside on both sides of the towing
vessels a sternlight shall be exhibited on the stern of the outboard
vessel on each side of the towing vessel, and a single set of
sidelights as far forward and as far outboard as is practicable, and a
single special flashing light.
    (g) An inconspicuous, partly submerged vessel or object, or
combination of such vessels or objects being towed, shall exhibit:
    (i) If it is less than 25 meters in breadth, one all-round white
light at or near each end;
    (ii) If it is 25 meters or more in breadth, four all-round white
lights to mark its length and breadth;
    (iii) If it exceeds 100 meters in length, additional all-round
white lights between the lights prescribed in paragraphs (g)(i) and
(ii) of this Rule 24 so that the distance between the lights shall not
exceed 100 meters: Provided, that any vessels or objects being towed
alongside each other shall be lighted as one vessel or object;
    (iv) A diamond shape at or near the aftermost extremity of the last
vessel or object being towed;
    (v) The towing vessel may direct a searchlight in the direction of
the tow to indicate its presence to an approaching vessel.
    (h) Where from any sufficient cause it is impracticable for a
vessel or object being towed to exhibit the lights prescribed in
paragraph (e) or (g) of this Rule 24, all possible measures shall be
taken to light the vessel or object towed or at least to indicate the
presence of the unlighted vessel or object.

    (i) Notwithstanding paragraph (c) of this Rule 24, on the Western
Rivers (except below the Huey P. Long Bridge on the Mississippi River)
and on waters specified by the Secretary, a power-driven vessel when
pushing ahead or towing alongside, except as paragraph (b) of this Rule
24 applies, shall exhibit:
    (i) Sidelights; and
    (ii) Two towing lights in a vertical line.
    (j) Where from any sufficient cause it is impracticable for a
vessel not normally engaged in towing operations to display the lights
prescribed by paragraph (a), (c) or (i) of this Rule 24, such vessel
shall not be required to exhibit those lights when engaged in towing
another vessel in distress or otherwise in need of assistance. All
possible measures shall be taken to indicate the nature of the
relationship between the towing vessel and the vessel being assisted.
The searchlight authorized by Rule 36 (33 CFR 83.36) may be used to
illuminate the tow.
    (k) The following barges shall display at night and if practicable
in periods of restricted visibility the lights described in paragraph
(m) of this Rule 24:
    (i) Every barge projecting into a buoyed or restricted channel.
    (ii) Every barge so moored that it reduces the available navigable
width of any channel to less than 80 meters.
    (iii) Barges moored in groups more than two barges wide or to a
maximum width of over 25 meters.
    (iv) Every barge not moored parallel to the bank or dock.
    (l) Barges described in this Rule 24 paragraph (l) shall carry two