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Notes

33 C.F.R. §§ 164.70–164.82

7 sections in range

§164.70. Definitions.

33 C.F.R. § 164.70

For purposes of §§ 164.72 through 164.82, the term—

Current edition means the most recent published version of a publication, chart, or map required by § 164.72.

Currently corrected edition means a current or previous edition of a publication required by § 164.72, corrected with changes that come from Notices to Mariners (NTMs) or Notices to Navigation reasonably available and that apply to the vessel's transit. Hand-annotated river maps from the U.S. Army Corps of Engineers (ACOE) are currently corrected editions if issued within the previous 5 years.

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 miles 326 and 327), the Chicago River as far as the east side of the Ashland Avenue Bridge (between miles 321 and 322), and the Saint Lawrence River as far east as the lower exit of Saint Lambert Lock.

Merchant mariner credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner's document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner's qualification document, certificate of identification, and certificate of service.

Swing-meter means an electronic or electric device that indicates the rate of turn of the vessel on board which it is installed.

Towing vessel means a commercial vessel engaged in or intending to engage in pulling, pushing or hauling alongside, or any combination of pulling, pushing, or hauling alongside.

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 Alternative Route, and that part of the Atchafalaya River above its junction with the Port Allen-Morgan City Alternative Route including the Old River and the Red River and those waters specified by §§ 89.25 and 89.27 of this chapter, and such other, similar waters as are designated by the COTP.

Notes, amendments, and revision history

Amendments

[CGD 94-020, 61 FR 35072, July 3, 1996, as amended by USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]

Authority

Authority: 46 U.S.C. 2103, 3703, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101. DHS Delegation No. 00170.1, Revision No. 01.4.

Amendments

[CGD 94-020, 61 FR 35072, July 3, 1996, as amended by USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]

§164.72. Navigational-safety equipment, charts or maps, and publications required on towing vessels.

33 C.F.R. § 164.72

(a)
Except as provided by § 164.01(b), each towing vessel must be equipped with the following navigational-safety equipment:
(1)
Marine radar. By August 2, 1997, a marine radar that meets the following applicable requirements:
(i)
For a vessel of less than 300 tons gross tonnage that engages in towing on navigable waters of the U.S., including Western Rivers, the radar must meet—
(A)
The requirements of the Federal Communications Commission (FCC) specified by 47 CFR part 80; and
(B)
RTCM Standard for Marine Radar Equipment Installed on Ships of Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 1.1, display Category II and stabilization Category Bravo.
(ii)
For a vessel of less than 300 tons gross tonnage that engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes, the radar must meet—
(A)
The requirements of the FCC specified by 47 CFR part 80; and
(B)
RTCM Standard for Marine Radar Equipment Installed on Ships of Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 1.1, display Category I and stabilization Category Alpha.
(iii)
For a vessel of 300 tons gross tonnage or more that engages in towing on navigable waters of the U.S., including Western rivers, the radar must meet—
(A)
The requirements of the Federal Communications Commission (FCC) specified by 47 CFR part 80; and
(B)
RTCM Recommended Standards for Marine Radar Equipment Installed on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-X, Version 1.2 except the requirements for azimuth stabilization in paragraph 3.10.
(iv)
For a vessel of 300 tons gross tonnage or more that engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes, the radar must meet—
(A)
The requirements of the FCC specified by 47 CFR part 80; and
(B)
RTCM Recommended Standards for Marine Radar Equipment Installed on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-X, Version 1.2.
(v)
A towing vessel with an existing radar must meet the applicable requirements of paragraphs (a)(1) (i) through (iv) of this section by August 2, 1998; except that a towing vessel with an existing radar must meet the display and stabilization requirements of paragraph (a)(1)(ii)(B) of this section by August 2, 2001.
(2)
Searchlight. A searchlight, directable from the vessel's main steering station and capable of illuminating objects at a distance of at least two times the length of the tow.
(3)
VHF-FM radio. An installation or multiple installations of VHF-FM radios as prescribed by part 26 of this chapter and 47 CFR part 80, to maintain a continuous listening watch on the designated calling channel, VHF-FM Channel 13 (except on portions of the Lower Mississippi River, where VHF-FM Channel 67 is the designated calling channel), and to separately monitor the International Distress and Calling Channel, VHF-FM Channel 16, except when transmitting or receiving traffic on other VHF-FM channels or when participating in a Vessel Traffic Service (VTS) or monitoring a channel of a VTS. (Each U.S. towing vessel of 26 feet (about 8 meters) or more in length, except a public vessel, must hold a ship-radio-station license for radio transmitters (including radar and EPIRBs), and each operator must hold a restricted operator's license or higher. To get an application for either license, call (800) 418-FORM or (202) 418-FORM, or write to the FCC; Wireless Bureau, Licensing Division; 1270 Fairfield Road; Gettysburg, PA 17325-7245.)
(4)
Magnetic compass. Either—
(i)
An illuminated swing-meter or an illuminated card-type magnetic steering compass readable from the vessel's main steering station, if the vessel engages in towing exclusively on Western Rivers; or
(ii)
An illuminated card-type magnetic steering compass readable from the vessel's main steering station.
(5)
Echo depth-sounding device. By August 2, 2001, an echo depth-sounding device readable from the vessel's main steering station, unless the vessel engages in towing exclusively on Western Rivers.
(6)
Electronic position-fixing device. An electronic position-fixing device, a satellite navigational system such as the Global Positioning System (GPS) as required by § 164.41, if the vessel engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes.
(b)
Each towing vessel must carry on board and maintain the following:
(1)
Charts or maps. Marine charts or maps of the areas to be transited, published by the National Ocean Service (NOS), the ACOE, or a river authority that satisfy the following requirements:
(i)
The charts or maps must be of a large enough scale and have enough detail to make safe navigation of the areas possible.
(ii)
The charts or maps must be either—
(A)
Current editions or currently corrected editions, if the vessel engages in towing exclusively on navigable waters of the U.S., including Western Rivers; or
(B)
Currently corrected editions, if the vessel engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes.
(iii)
The charts or maps may be, instead of charts or maps required by paragraphs (b)(1) (i) and (ii) of this section, currently corrected marine charts or maps, or applicable extracts, published by a foreign government. These charts or maps, or applicable extracts, must contain information similar to that on the charts or maps required by paragraphs (b)(1) (i) and (ii) of this section, be of large enough scale, and have enough detail to make safe navigation of the areas possible, and must be currently corrected.
(2)
General publications. A currently corrected edition of, or an applicable currently corrected extract from, each of the following publications for the area to be transited:
(i)
If the vessel is engaged in towing exclusively on Western Rivers—
(A)
U.S. Coast Guard Light List;
(B)
Applicable Notices to Navigation published by the ACOE, or Local Notices to Mariners (LNMs) published by the Coast Guard, for the area to be transited, when available; and
(C)
River-current tables published by a river authority, if available.
(ii)
If the vessel is engaged other than in towing exclusively on Western Rivers—
(A)
Coast Guard Light List;
(B)
Notices to Mariners published by the National Geospatial-Intelligence Agency, or LNMs published by the Coast Guard;
(C)
Tidal-current tables published by private entities using data provided by the NOS, or river-current tables published by a river authority;
(D)
Tide tables published by private entities using data provided by the NOS; and
(E)
U.S. Coast Pilot.
(c)
Table 164.72, following, summarizes the navigational-safety equipment, charts or maps, and publications required for towing vessels of 12 meters or more in length engaged in towing:
Notes, amendments, and revision history

Amendments

[CGD 94-020, 61 FR 35073, July 3, 1996, as amended by CGD 97-034, 62 FR 40272, July 28, 1997; USCG-1999-5832, 64 FR 34715, June 29, 1999; USCG-2001-9286, 66 FR 33641, June 25, 2001; USCG-2010-0351, 75 FR 36287, June 25, 2010; USCG-2011-0257, 76 FR 31838, June 2, 2011; USCG-2015-0433, 80 FR 44282, July 27, 2015; USCG-2016-0498, 82 FR 35088, July 28, 2017; USCG-2018-0874, 84 FR 30881, June 28, 2019]

Authority

Authority: 46 U.S.C. 2103, 3703, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101. DHS Delegation No. 00170.1, Revision No. 01.4.

Amendments

[CGD 94-020, 61 FR 35073, July 3, 1996, as amended by CGD 97-034, 62 FR 40272, July 28, 1997; USCG-1999-5832, 64 FR 34715, June 29, 1999; USCG-2001-9286, 66 FR 33641, June 25, 2001; USCG-2010-0351, 75 FR 36287, June 25, 2010; USCG-2011-0257, 76 FR 31838, June 2, 2011; USCG-2015-0433, 80 FR 44282, July 27, 2015; USCG-2016-0498, 82 FR 35088, July 28, 2017; USCG-2018-0874, 84 FR 30881, June 28, 2019]

§164.74. Towline and terminal gear for towing astern.

33 C.F.R. § 164.74

(a)
Towline. The owner, master, or operator of each vessel towing astern shall ensure that the strength of each towline is adequate for its intended service, considering at least the following factors:
(1)
The size and material of each towline must be—
(i)
Appropriate for the horsepower or bollard pull of the vessel;
(ii)
Appropriate for the static loads and dynamic loads expected during the intended service;
(iii)
Appropriate for the sea conditions expected during the intended service;
(iv)
Appropriate for exposure to the marine environment and to any chemicals used or carried on board the vessel;
(v)
Appropriate for the temperatures of normal stowage and service on board the vessel;
(vi)
Compatible with associated navigational-safety equipment; and
(vii)
Appropriate for the likelihood of mechanical damage.
(2)
Each towline as rigged must be—
(i)
Free of knots;
(ii)
Spliced with a thimble, or have a poured socket at its end; and
(iii)
Free of wire clips except for temporary repair, for which the towline must have a thimble and either five wire clips or as many wire clips as the manufacturer specifies for the nominal diameter and construction of the towline, whichever is more.
(3)
The condition of each towline must be monitored through the—
(i)
Keeping on board the towing vessel or in company files of a record of the towline's initial minimum breaking strength as determined by the manufacturer, by a classification (“class”) society authorized in § 157.04 of this chapter, or by a tensile test that meets API Specification 9A, Specification for Wire Rope, Section 3; ASTM D 4268 (incorporated by reference, see § 164.03), Standard Test Method for Testing Fiber Ropes; or Cordage Institute CIA 3, Standard Test Methods for Fiber Rope Including Standard Terminations;
(ii)
If the towline is purchased from another owner, master, or operator of a vessel with the intent to use it as a towline or if it is retested for any reason, keeping on board the towing vessel or in company files of a record of each retest of the towline's minimum breaking strength as determined by a class society authorized in § 157.04 of this chapter or by a tensile test that meets API Specification 9A, Section 3; ASTM D 4268 (incorporated by reference, see § 164.03) or Cordage Institute CIA 3, Standard Test Methods;
(iii)
Conducting visual inspections of the towline in accordance with the manufacturer's recommendations, or at least monthly, and whenever the serviceability of the towline is in doubt (the inspections being conducted by the owner, master, or operator, or by a person on whom the owner, master, or operator confers the responsibility to take corrective measures appropriate for the use of the towline);
(iv)
Evaluating the serviceability of the whole towline or any part of the towline, and removing the whole or part from service either as recommended by the manufacturer or a class society authorized in § 157.04 of this chapter or in accordance with a replacement schedule developed by the owner, master, or operator that accounts for at least the—
(A)
Nautical miles on, or time in service of, the towline;
(B)
Operating conditions experienced by the towline;
(C)
History of loading of the towline;
(D)
Surface condition, including corrosion and discoloration, of the towline;
(E)
Amount of visible damage to the towline;
(F)
Amount of material deterioration indicated by measurements of diameter and, if applicable, measurements of lay extension of the towline; and
(G)
Point at which a tensile test proves the minimum breaking strength of the towline inadequate by the standards of paragraph (a)(1) of this section, if necessary; and
(v)
Keeping on board the towing vessel or in company files of a record of the material condition of the towline when inspected under paragraphs (a)(3)(iii) and (iv) of this section. Once this record lapses for three months or more, except when a vessel is laid up or out of service or has not deployed its towline, the owner, master, or operator shall retest the towline or remove it from service.
(b)
Terminal gear. The owner, master, or operator of each vessel towing astern shall ensure that the gear used to control, protect, and connect each towline meets the following criteria:
(1)
The material and size of the terminal gear are appropriate for the strength and anticipated loading of the towline and for the environment;
(2)
Each connection is secured by at least one nut with at least one cotter pin or other means of preventing its failure;
(3)
The lead of the towline is appropriate to prevent sharp bends in the towline from fairlead blocks, chocks, or tackle;
(4)
There is provided a method, whether mechanical or non-mechanical, that does not endanger operating personnel but that easily releases the towline;
(5)
The towline is protected from abrasion or chafing by chafing gear, lagging, or other means;
(6)
Except on board a vessel towing in ice on Western Rivers or one using a towline of synthetic or natural fiber, there is fitted a winch that evenly spools and tightly winds the towline; and
(7)
If a winch is fitted, there is attached to the main drum a brake that has holding power appropriate for the horsepower or bollard pull of the vessel and can be operated without power to the winch.
Notes, amendments, and revision history

Amendments

[CGD 94-020, 61 FR 35074, July 3, 1996, as amended by USCG-1999-5151, 64 FR 67176, Dec. 1, 1999]

Authority

Authority: 46 U.S.C. 2103, 3703, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101. DHS Delegation No. 00170.1, Revision No. 01.4.

Amendments

[CGD 94-020, 61 FR 35074, July 3, 1996, as amended by USCG-1999-5151, 64 FR 67176, Dec. 1, 1999]

§164.76. Towline and terminal gear for towing alongside and pushing ahead.

33 C.F.R. § 164.76

The owner, master, or operator of each vessel towing alongside or pushing ahead shall ensure that the face wires, spring lines, and push gear used—
(a)
Are appropriate for the vessel's horsepower;
(b)
Are appropriate for the arrangement of the tow;
(c)
Are frequently inspected; and
(d)
Remain serviceable.
Notes, amendments, and revision history

Amendments

[CGD 94-020, 61 FR 35075, July 3, 1996]

Authority

Authority: 46 U.S.C. 2103, 3703, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101. DHS Delegation No. 00170.1, Revision No. 01.4.

Amendments

[CGD 94-020, 61 FR 35075, July 3, 1996]

§164.78. Navigation under way: Towing vessels.

33 C.F.R. § 164.78

(a)
The owner, master, or operator of each vessel towing shall ensure that each person directing and controlling the movement of the vessel—
(1)
Understands the arrangement of the tow and the effects of maneuvering on the vessel towing and on the vessel, barge, or object being towed;
(2)
Can fix the position of the vessel using installed navigational equipment, aids to navigation, geographic reference-points, and hydrographic contours;
(3)
Does not fix the position of the vessel using buoys alone (Buoys are aids to navigation placed in approximate positions either to alert mariners to hazards to navigation or to indicate the orientation of a channel. They may not maintain exact charted positions, because strong or varying currents, heavy seas, ice, and collisions with vessels can move or sink them or set them adrift. Although they may corroborate a position fixed by other means, they cannot fix a position; however, if no other aids are available, buoys alone may establish an estimated position.);
(4)
Evaluates the danger of each closing visual or radar contact;
(5)
Knows and applies the variation and deviation, where a magnetic compass is fitted and where charts or maps have enough detail to enable this type of correction;
(6)
Knows the speed and direction of the current, and the set, drift, and tidal state for the area to be transited;
(7)
Proceeds at a safe speed taking into account the weather, visibility, density of traffic, draft of tow, possibility of wake damage, speed and direction of the current, and local speed-limits; and
(8)
Monitors the voyage plan required by § 164.80.
(b)
The owner, master, or operator of each vessel towing shall ensure that the tests and inspections required by § 164.80 are conducted and that the results are entered in the log or other record carried on board.
Notes, amendments, and revision history

Amendments

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68 FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004]

Authority

Authority: 46 U.S.C. 2103, 3703, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101. DHS Delegation No. 00170.1, Revision No. 01.4.

Amendments

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68 FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004]

§164.80. Tests, inspections, and voyage planning.

33 C.F.R. § 164.80

(a)
The owner, master, or operator of each towing vessel of less than 1,600 GT shall ensure that the following tests and inspections of gear occur before the vessel embarks on a voyage of more than 24 hours or when each new master or operator assumes command:
(1)
Steering-systems. A test of the steering-gear-control system; a test of the main steering gear from the alternative power supply, if installed; a verification of the rudder-angle indicator relative to the actual position of the rudder; and a visual inspection of the steering gear and its linkage.
(2)
Navigational equipment. A test of all installed navigational equipment.
(3)
Communications. Operation of all internal vessel control communications and vessel-control alarms, if installed.
(4)
Lights. Operation of all navigational lights and all searchlights.
(5)
Terminal gear. Visual inspection of tackle; of connections of bridle and towing pendant, if applicable; of chafing gear; and of the winch brake, if installed.
(6)
Propulsion systems. Visual inspection of the spaces for main propulsion machinery, of machinery, and of devices for monitoring machinery.
(b)
The owner, master, or operator of each towing vessel of 1,600 GT or more shall ensure that the following tests of equipment occur at the frequency required by § 164.25 and that the following inspections of gear occur before the vessel embarks on a voyage of more than 24 hours or when each new master or operator assumes command:
(1)
Navigational equipment. Tests of onboard equipment as required by § 164.25.
(2)
Terminal gear. Visual inspection of tackle; of connections of bridle and towing pendant, if applicable; of chafing gear; and of the winch brake, if installed.
(c)
(1)
The voyage-planning requirements outlined in this section do not apply to you if your towing vessel is—
(i)
Used solely for any of the following services or any combination of these services—
(A)
Within a limited geographic area, such as a fleeting-area for barges or a commercial facility, and used for restricted service, such as making up or breaking up larger tows;
(B)
For harbor-assist;
(C)
For assistance towing as defined by 46 CFR 10.103;
(D)
For response to emergency or pollution;
(ii)
A public vessel that is both owned, or demise chartered, and operated by the United States Government or by a government of a foreign country; and that is not engaged in commercial service;
(iii)
A foreign vessel engaged in innocent passage; or
(iv)
Exempted by the Captain of the Port (COTP).
(2)
If you think your towing vessel should be exempt from these voyage planning requirements for a specified route, you should submit a written request to the appropriate COTP. The COTP will provide you with a written response granting or denying your request.
(3)
If any part of a towing vessel's intended voyage is seaward of the baseline (i.e., the shoreward boundary) of the territorial sea of the U.S., then the owner, master, or operator of the vessel, employed to tow a barge or barges, must ensure that the voyage with the barge or barges is planned, taking into account all pertinent information before the vessel embarks on the voyage. The master must check the planned route for proximity to hazards before the voyage begins. During a voyage, if a decision is made to deviate substantially from the planned route, then the master or mate must plan the new route before deviating from the planned route. The voyage plan must follow company policy and consider the following (related requirements noted in parentheses):
(i)
Applicable information from nautical charts and publications (also see paragraph (b) of section 164.72), including Coast Pilot, Coast Guard Light List, and Coast Guard Local Notice to Mariners for the port of departure, all ports of call, and the destination;
(ii)
Current and forecast weather, including visibility, wind, and sea state for the port of departure, all ports of call, and the destination (also see paragraphs (a)(7) of section 164.78 and (b) of section 164.82);
(iii)
Data on tides and currents for the port of departure, all ports of call, and the destination, and the river stages and forecast, if appropriate;
(iv)
Forward and after drafts of the barge or barges and under-keel and vertical clearances (air-gaps) for all bridges, ports, and berthing areas;
(v)
Pre-departure checklists;
(vi)
Calculated speed and estimated time of arrival at proposed waypoints;
(vii)
Communication contacts at any Vessel Traffic Services, bridges, and facilities, and any port-specific requirements for VHF radio;
(viii)
Any master's or operator's standing orders detailing closest points of approach, special conditions, and critical maneuvers; and
(ix)
Whether the towing vessel has sufficient power to control the tow under all foreseeable circumstances.
Notes, amendments, and revision history

Amendments

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68 FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004]

Authority

Authority: 46 U.S.C. 2103, 3703, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101. DHS Delegation No. 00170.1, Revision No. 01.4.

Amendments

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68 FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004]

§164.82. Maintenance, failure, and reporting.

33 C.F.R. § 164.82

(a)
Maintenance. The owner, master, or operator of each towing vessel shall maintain operative the navigational-safety equipment required by § 164.72.
(b)
Failure. If any of the navigational-safety equipment required by § 164.72 fails during a voyage, the owner, master, or operator of the towing vessel shall exercise due diligence to repair it at the earliest practicable time. He or she shall enter its failure in the log or other record carried on board. The failure of equipment, in itself, does not constitute a violation of this rule; nor does it constitute unseaworthiness; nor does it obligate an owner, master, or operator to moor or anchor the vessel. However, the owner, master, or operator shall consider the state of the equipment—along with such factors as weather, visibility, traffic, and the dictates of good seamanship—in deciding whether it is safe for the vessel to proceed.
(c)
Reporting. The owner, master, or operator of each towing vessel whose equipment is inoperative or otherwise impaired while the vessel is operating within a Vessel Traffic Service (VTS) Area shall report the fact as required by 33 CFR Table 161.18(a) row Q.
(d)
Deviation and authorization. The owner, master, or operator of each towing vessel unable to repair within 96 hours an inoperative marine radar required by § 164.72(a) shall so notify the Captain of the Port (COTP) and shall seek from the COTP both a deviation from the requirements of this section and an authorization for continued operation in the area to be transited. Failure of redundant navigational-safety equipment, including but not limited to failure of one of two installed radars, where each satisfies § 164.72(a), does not necessitate either a deviation or an authorization.
(1)
The initial notice and request for a deviation and an authorization may be spoken, but the request must also be written. The written request must explain why immediate repair is impracticable, and state when and by whom the repair will be made.
(2)
The COTP, upon receiving even a spoken request, may grant a deviation and an authorization from any of the provisions of §§ 164.70 through 164.82 for a specified time if he or she decides that they would not impair the safe navigation of the vessel under anticipated conditions.
Notes, amendments, and revision history

Amendments

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020]

Authority

Authority: 46 U.S.C. 2103, 3703, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101. DHS Delegation No. 00170.1, Revision No. 01.4.

Amendments

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020]