(33 CFR 66.10) Uniform State Waterway Marking System
33 CFR 66.10-1 General.
- The Uniform State Waterway Marking System (USWMS) was developed to convey to the small vessel operator, in particular, adequate guidance to indicate safe boating channels by indicating the presence of either natural or artificial obstructions or hazards, marking restricted or controlled areas, and providing directions. The USWMS may be used in those navigable waters of the U.S. which have been designated as State waters for private aids to navigation and in those internal waters which are not navigable waters of the U.S.
- The U.S. Aids to Navigation System, described in Part 62 of this Subchapter, may be used in all U.S. waters, including those waters under State jurisdiction.
- The USWMS consists of:
- A system of regulatory markers to indicate to a vessel operator the existence of dangerous areas as well as those which are restricted or controlled, such as speed zones and areas dedicated to a particular use, or to provide general information and directions;
- A system of aids to navigation to mark channels and obstructions; and
- A distinctive color scheme for mooring buoys.
33 CFR 66.10-5 Regulatory markers.
- Each regulatory marker shall be colored white with international orange geometric shapes.
- When a buoy is used as a regulatory marker it shall be white with horizontal bands of international orange placed completely around the buoy circumference. One band shall be at the top of the buoy body, with a second band placed just above the waterline of the buoy so that both international orange bands are clearly visible to approaching vessels. The area of buoy body visible between the two bands shall be white.
- Geometric shapes shall be placed on the white portion of the buoy body and shall be colored international orange. The authorized geometric shapes and meanings associated with them are as follows:
- A vertical open faced diamond shape to mean danger.
- A vertical open faced diamond shape having a cross centered in the diamond to mean that a vessel is excluded from the marked area.
- A circular shape to mean that a vessel operated in the marked area is subject to certain operating restrictions.
- A square or rectangular shape with directions or information lettered on the inside.
- Where a regulatory marker consists of a square or rectangular shaped sign displayed from a structure, the sign shall be white, with an international orange border. When a diamond or circular geometric shape associated with meaning of the marker is included it shall be centered on the signboard.
33 CFR 66.10-10 Geometric shapes and wording on regulatory markers.
- The geometric shape displayed on a regulatory marker is intended to convey specific meaning to a vessel whether or not it should stay well clear of the marker or may safely approach the marker in order to read any wording on the marker.
33 CFR 66.10-15 Aids to navigation.
- The second category of marker in the USWMS is the aid to navigation having lateral or cardinal meaning.
- On a well defined channel including a river or other relatively narrow natural or improved waterway, an aid to navigation shall normally be a solid colored buoy. A buoy which marks the left side of the channel viewed looking upstream or toward the head of navigation shall be colored all black. A buoy which marks the right side of the channel viewed looking upstream or toward the head of a navigation shall be colored all red. On a well defined channel, solid colored buoys shall be established in pairs, one on each side of the navigable channel which they mark, and opposite each other to inform the user that the channel lies between the buoys and that he should pass between the buoys.
- On an irregularly defined channel, solid colored buoys may be used singly in staggered fashion on alternate sides of the channel provided they are spaced at sufficiently close intervals to inform the user that the channel lies between the buoys and that he should pass between the buoys.
- Where there is no well-defined channel or when a body of water is obstructed by objects whose nature or location is such that the obstruction can be approached by a vessel from more than one direction supplemental aids to navigation having cardinal meaning (i.e., pertaining to the cardinal points of the compass, north, east, south, and west) may be used. The use of a aid to navigation having cardinal meaning is discretionary provided that the use of such a marker is limited to wholly State owned waters and the State waters for private aids to navigation as defined and described in this part.
- Aids to navigation conforming to the cardinal system shall consist of three distinctly colored buoys.
- A white buoy with a red top may be used to indicate to a vessel operator that he must pass to the south or west of the buoy.
- A white buoy with a black top may be used to indicate to a vessel operator that he must pass to the north or east of the buoy.
- In addition, a buoy showing alternate vertical red and white stripes may be used to indicate to a vessel operator that an obstruction to navigation extends from the nearest shore to the buoy and that he must not pass between the buoy and shore. The number of white and red stripes is discretionary, provided that the white stripes are twice the width of the red stripes.
33 CFR 66.10-20 Size, shape, material and construction of markers.
- The size, shape, material, and construction of all markers, both fixed and floating, shall be such as to be observable under normal conditions of visibility at a distance such that the significance of the marker or aid will be recognizable before the observer stands into danger.
Mid-channel markers are as set forth below:
To be noted is that it is a violation of both federal and state law to interfere with, or moor to, buoys used as navigation aids or channel markers.
The uniform state waterway marking system established by the Coast Guard is also made state law at 310 IAC 2.1-4 See 310 IAC 2.1-4-6 for the goemetric shapes and designations for buoys used as navigation aids (including information buoys). Lateral aids marking the sides of channels, as seen when entering from lakeward, are set forth below:
(Green Light Only)
(Red Light Only)
There are six sites within the Indiana waters of Lake Michigan where the Coast Guard maintains channel markers. These are from west to east: Calumet Harbor (Illinois and Hammond, Indiana); Indiana Harbor (East Chicago); Buffington Harbor (Gary); Gary Harbor Works (Gary); Burns Waterway Harbor, Port of Indiana (Portage); and Michigan City Harbor (Michigan City). These sites are referenced in the maps that identify watercraft restrictions for Lake, Porter, and LaPorte Counties. See 312 IAC 5-8. NOAA has also issued maps that detail the channels for these harbors.
33 CFR 66.10-25 Numbers, letters or words on markers.
- Numbers, letters or words on an aid to navigation or regulatory marker shall be placed in a manner to enable them to be clearly visible to an approaching and passing vessel. They shall be block style, well proportioned and as large as the available space permits. Numbers and letters on red or black backgrounds shall be white; numbers and letters on white backgrounds shall be black.
- Odd numbers shall be used to identify solid colored black buoys or black topped buoys; even numbers shall be used to identify solid colored red buoys or red topped buoys. All numbers shall increase in an upstream direction or toward the head of navigation. The use of numbers to identify buoys is discretionary.
- Letters only may be used to identify regulatory and the white and red vertically striped obstruction markers. When used the letters shall follow alphabetical sequence in an upstream direction or toward the head of navigation. The letters I and O shall be omitted to preclude confusion with numbers. The use of letters to identify regulatory markers and obstruction markers is discretionary.
33 CFR 66.10-30 Reflectors or retroreflective materials.
- The use of reflectors or retroreflective materials shall be discretionary.
- When used on buoys having lateral significance, red reflectors or retroreflective materials shall be used on solid colored red buoys; green reflectors or retroreflective materials shall be used on solid colored black buoys; white reflectors or retroreflective materials only shall be used for all other buoys including regulatory markers, except that orange reflectors or retroreflective materials may be used on the orange portions of regulatory markers.
33 CFR 66.10-35 Navigation lights.
- The use of navigational lights on State aids to navigation, including regulatory markers, is discretionary. When used, lights on solid colored buoys shall be regularly flashing, regularly occulting, or equal interval lights. For ordinary purposes the frequency of flashes may not be more than 30 flashes per minute (slow flashing). When it is desired that lights have a distinct cautionary significance, as at sharp turns or sudden constrictions in the channel or to mark wrecks or other artificial of natural obstructions, the frequency of flashes may not be less than 60 flashes per minute (quick flashing). When a light is used on a cardinal system buoy or a vertically striped white and red buoy it shall always be quick flashing. The colors of the lights shall be the same as for reflectors; a red light only on a solid colored red buoy; a green light on solid colored black buoy; white light only for all other buoys including regulatory markers.
33 CFR 66.10-40 Ownership identification.
- The use and placement of ownership identification is discretionary, provided that ownership identification is worded and placed in a manner which will avoid detracting from the meaning intended to be conveyed by a navigational aid or regulatory marker.
33 CFR 66.10-45 Mooring (anchor) buoys.
- Mooring buoys in State waters for private aids to navigation shall be colored white and shall have a horizontal blue band around the circumference of the buoy centered midway between the top of the buoy and the waterline.
- A lighted, mooring buoy shall normally display a slow flashing white light. When its location in a waterway is such that it constitutes an obstruction to a vessel operated during hours of darkness, it shall display a quick flashing white light.
- A mooring buoy may bear ownership identification provided that the manner and placement of the identification does not detract from the meaning intended to be conveyed by the color scheme or identification letter when assigned.
(33 CFR 95) Operating a Vessel While Intoxicated (Federal Law Offense)
33 CFR 95.001 Purpose.
- The purpose of this part is to establish intoxication standards under 46 U.S.C. 2302 and to prescribe restrictions and responsibilities for personnel on vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code. This part does not preempt enforcement by a State of its applicable laws and regulations concerning operating a recreational vessel while intoxicated. [See IC 14-15-8 for operating a motorboat while intoxicated in violation of Indiana law.]
- Nothing in this part shall be construed as limiting the authority of a vessel's marine employer to limit or prohibit the use or possession of alcohol on board a vessel.
33 CFR 95.005 Applicability.
- This part is applicable to a vessel (except those excluded by 46 U.S.C. 2109) operated on waters subject to the jurisdiction of the United States, and to a vessel owned in the United States on the high seas. This includes a foreign vessel operated on waters subject to the jurisdiction of the United States.
- This part is also applicable at all times to vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code.
33 CFR 95.010 Definition of terms as used in this part.
- Alcohol means any form or derivative of ethyl alcohol (ethanol).
- Alcohol concentration means either grams of alcohol per 100 milliliters of blood, or grams of alcohol per 210 liters of breath.
- Chemical test means a test which analyzes an individual's breath, blood, urine, saliva and/or other bodily fluids or tissues for evidence of drug or alcohol use.
- Controlled substance has the same meaning assigned by 21 U.S.C. 8002 and includes all substances listed on Schedules I through V as they may be revised from time to time (21 CFR Part 1308).
- Drug means any substance (other than alcohol) that has known mind or function-altering effects on a person, specifically including any psychoactive substance, and including, but not limited to, controlled substances.
- Intoxicant means any form of alcohol, drug or combination thereof.
- Law enforcement officer means a Coast Guard commissioned, warrant, or petty officer; or any other law enforcement officer authorized to obtain a chemical test under Federal, State, or local law.
- Marine employer means the owner, managing operator, charterer, agent, master, or person in charge of a vessel other than a recreational vessel.
- Recreational vessel means a vessel meeting the definition in 46 U.S.C. 2101(25) that is then being used only for pleasure.
- Underway means that a vessel is not at anchor, or made fast to the shore, or aground.
- Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
- Vessel owned in the United States means any vessel documented or numbered under the laws of the United States; and, any vessel owned by a citizen of the United States that is not documented or numbered by any nation.
33 CFR 95.015 Operating a vessel.
For purposes of this part, an individual is considered to be operating a vessel when:
- The individual has an essential role in the operation of a recreational vessel underway, including but not limited to navigation of the vessel or control of the vessel's propulsion system.
- The individual is a crewmember (including a licensed individual), pilot, or watchstander not a regular member of the crew, of a vessel other than a recreational vessel.
33 CFR 95.020 Standard of intoxication.
An individual is intoxicated when:
- The individual is operating a recreational vessel and has an alcohol concentration of .10 percent by weight or more in their blood;
- The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood; or,
- The individual is operating any vessel and the effect of the intoxicant(s) consumed by the individual on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation.
33 CFR 95.025 Adoption of State standards.
- This section applies to recreational vessels on waters within the geographical boundaries of a State having a statute defining a percentage of alcohol in the blood for the purposes of establishing that a person operating a vessel is intoxicated or impaired due to alcohol.
- If the applicable State statute establishing a standard for determining impairment due to alcohol uses the terms "under the influence," "operating while impaired," or equivalent terminology and does not separately define a percentage of alcohol in the blood for the purpose of establishing "intoxication," the standard containing the highest defined percentage of alcohol in the blood applies in lieu of the standard in 33 CFR 95.020(a). If the applicable State statute contains a standard specifically applicable to establishing intoxication, in addition to standards applicable to other degrees of impairment, the standard specifically applicable to establishing intoxication applies in lieu of the standard in 33 CFR 95.020(a).
- For the purposes of this part, a standard established by State statute and adopted under this section is applicable to the operation of any recreational vessel on waters within the geographical boundaries of the State.
33 CFR 95.030 Evidence of intoxication.
Acceptable evidence of intoxication includes, but is not limited to:
- Personal observation of an individual's manner, disposition, speech, muscular movement, general appearance, or behavior; or,
- A chemical test.
33 CFR 95.035 Reasonable cause for directing a chemical test.
- Only a law enforcement officer or a marine employer may direct an individual operating a vessel to undergo a chemical test when reasonable cause exists. Reasonable cause exists when:
- The individual was directly involved in the occurrence of a marine casualty as defined in Chapter 61 of Title 46, United States Code, or
- The individual is suspected of being in violation of the standards in 33 CFR 95.020 or 33 CFR 95.025.
- When an individual is directed to undergo a chemical test, the individual to be tested must be informed of that fact and directed to undergo a test as soon as is practicable.
- When practicable, a marine employer should base a determination of the existence of reasonable cause, under paragraph (a)(2) of this section, on observation by two persons.
33 CFR 95.040 Refusal to submit to testing.
- If an individual refuses to submit to or cooperate in the administration of a timely chemical test when directed by a law enforcement officer based on reasonable cause, evidence of the refusal is admissible in evidence in any administrative proceeding and the individual will be presumed to be intoxicated.
- If an individual refuses to submit to or cooperate in the administration of a timely chemical test when directed by the marine employer based on reasonable cause, evidence of the refusal is admissible in evidence in any administrative proceeding.
33 CFR 95.045 General operating rules for vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code.
While on board a vessel inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code, a crewmember (including a licensed individual), pilot, or watchstander not a regular member of the crew:
- Shall not perform or attempt to perform any scheduled duties within four hours of consuming any alcohol;
- Shall not be intoxicated at any time;
- Shall not consume any intoxicant while on watch or duty; and
- May consume a legal non-prescription or prescription drug provided the drug does not cause the individual to be intoxicated.
33 CFR 95.050 Responsibility for compliance.
- The marine employer shall exercise due diligence to assure compliance with the applicable provisions of this part.
- If the marine employer has reason to believe that an individual is intoxicated, the marine employer shall not allow that individual to stand watch or perform other duties.
33 CFR 95.055 Penalties.
An individual who is intoxicated when operating a vessel in violation of 46 U.S.C. 2302(c)_
- Is liable to the United States Government for a civil penalty of not more than $1,000; or
- Commits a class A misdemeanor, as described in 18 U.S.C. 3551 et seq.
Drawbridge Operation Regulations Specific Requirements
33 CFR 117.401 Trail Creek, Drawbridge.
The draw of the Amtrak bridge, mile 0.9 at Michigan City, shall open on signal from 6:30 a.m. to 2:30 p.m. daily except Sunday from February 16 through December 14. The draw is not manned at all other times. If passage is desired, the Chief Dispatcher, Amtrak at Chicago, shall be notified. Collect telephone calls are accepted. The dispatcher shall arrange to have the draw open within 20 minutes.[Telephone number: (219) 872-9034.]
(33 CFR 151.59, et seq.) Discharge of Refuse generally
33 CFR 151.59 Placards
- This section applies to the following:
- Each manned U.S. ship (other than a fixed or floating platform) that is 26 feet or more in length.
- Each placard must be at least nine inches wide by four inches high, made of a durable material, and lettered with letters at least 1/8 inch high.
- Except as under paragraph (e) of this section, the placard must notify the reader of the following:
- The discharge of plastic or garbage is mixed with plastic into any waters is prohibited.
- The discharge of all garbage is prohibited in the navigable waters of the United States and, in all other waters, within three nautical miles of the nearest land.
- The discharge of dunnage, lining, and packing materials that float is prohibited within 25 nautical miles of the nearest land.
- Other unground garbage may be discharged beyond 12 nautical miles from the nearest land.
- Other garbage ground to less than one inch may be discharged beyond three nautical miles of the nearest land.
- For ships while operating on the Great lakes or their connecting or tributary waters, the placard must.
- Notify the reader of the information in paragraph (d) of this section; or
- Notify the reader of the following:
- The discharge of all garbage into the Great lakes or their connecting or tributary waters is prohibited.
33 CFR 151.66 Operating requirements: Discharge of garbage in navigable waters prohibited.
No person on board any ship may discharge garbage into the navigable waters of the United States.
33 CFR 151.67 Operating requirements: Discharge of plastic prohibited.
No person on board any ship may discharge . . .into the navigable waters of the United States, plastic or garbage mixed with plastic, including, but not limited to, synthetic ropes, synthetic fishing nets, and plastic garbage bags. All garbage containing plastics requiring disposal must be discharged ashore or incinerated.
33 CFR 151.69 Operating requirements: Discharge of garbage outside special areas.
- When operating outside of a special area specified in 33 CFR 151.53, no person may discharge, into the sea, garbage that is separated from plastic, if the distance from nearest land is less than‘
- 25 nautical miles for dunnage, lining and packing materials that float; or
- 12 nautical miles for victual wastes and all other garbage including paper products, rags, glass, metal, bottles, crockery and similar refuse, except that, such garbage may be discharged outside of three nautical miles from nearest land after it has been passed through a grinder or comminuter specified in 33 CFR 151.75.
- Mixtures of garbage having different discharge requirements under paragraph (a)(1) or (a)(2) of this section must be
- Retained on board for later disposal ashore; or
- Discharged in accordance with the more stringent requirement prescribed by paragraph (a)(1) or (a)(2) of this section.
(33 CFR 155.450) Placard
33 CFR 155.450 Placard
- A ship, except a ship of less than 26 feet in length, must have a placard of at least 5 by 8 inches, made of durable material fixed in a conspicuous place in each machinery space, or at the bilge and ballast pump control station, stating the following:
DISCHARGE OF OIL PROHIBITED
The Federal Water Pollution Control Act prohibits the discharge of oil or oil waste into or upon the navigable waters of the United States, or the waters of the contiguous zone, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the united States, if such discharge causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil penalties and/or criminal sanctions including fines and imprisonment.
(33 CFR 159.7) Marine Sanitation Devices
33 CFR 159.7 Requirements for vessel operators
- On and after January 30, 1977, no person may operate any new vessel equipped with installed toilet facilities, unless it is equipped with an operable Type I, II, or III device that has a label placed on it under 33 CFR 159.12 or 33 CFR 159.12a.
- After January 30, 1980, no person may operate any new vessel equipped with installed toilet facilities unless it is equipped with:
- An operable Type II or III device that has a label placed on it under 33 CFR 159.16 or that is certified under 33 CFR 159.12 or 33 CFR 159.12a; or
- An operable Type I device installed on the vessel before January 31, 1980, that has a label placed on it under 33 CFR 159.16 or that is certified under 33 CFR 159.12.
- After January 30, 1980, no person may operate any existing vessel equipped with installed toilet facilities unless it is equipped with:
- An operable Type II or III device that has a label placed on it under 33 CFR 159.16 or that is certified under 33 CFR 159.12 or 33 CFR 159.12a; or
- An operable Type I device installed on the vessel before January 31, 1978, that has a label placed on it under 33 CFR 159.16 or that is certified under 33 CFR 159.12.
* Existing Vessel includes any vessel, the construction of which was initiated before January 30, 1975. (33 CFR 159.3(c)).
* New vessel includes any vessel, the construction of which is initiated on or after January 30, 1975. (33 CFR 159.3(g)).
(33 CFR 173) Casualty and Accident Reporting
33 CFR 173.51 Applicability.
- This subpart applies to each vessel used on waters subject to the jurisdiction of the United States . . . that:
- Is used by its operator for recreational purposes; or
- Is required to be numbered under this part.
- This subpart does not apply to a vessel subject to inspection under Title 46 U.S.C. Chapter 33.
33 CFR 173.53 Immediate notification of death or disappearance.
- When, as a result of an occurrence that involves a vessel or its equipment, a person dies or disappears from a vessel, the operator shall, without delay, by the quickest means available, notify the nearest reporting authority listed in Appendix A of this part of:
- The date, time, and exact location of the occurrence;
- The name of each person who dies or disappeared;
- The number and name of the vessel; and
- The names and addresses of the owner and operator.
- When the operator of a vessel cannot give the notice required by paragraph (a) of this section, each person on board the vessel shall notify the casualty reporting authority or determine that the notice has been given.
33 CFR 173.55 Report of casualty or accident.
- The operator of a vessel shall submit the casualty or accident report prescribed in 33 CFR 173.57 to the reporting authority prescribed in 33 CFR 173.59 when, as a result of an occurrence that involves the vessel or its equipment:
- A person dies;
- A person is injured and requires medical treatment beyond first aid;
- Damage to the vessel and other property totals more than $500 or there is a complete loss of the vessel; or
- A person disappears from the vessel under circumstances that indicate death or injury.
- A report required by this section must be made:
- Within 48 hours of the occurrence if a person dies within 24 hours of the occurrence;
- Within 48 hours of the occurrence if a person is injured and requires medical treatment beyond first aid, or disappears from a vessel; and
- Within 10 days of the occurrence or death if an earlier report is not required by this paragraph.
- When the operator of a vessel cannot submit the casualty or accident report required by paragraph (a) of this section, the owner shall submit the casualty or accident report.
33 CFR 173.57 Casualty or accident report.
Each report required by 33 CFR 173.55 must be in writing, dated upon completion, and signed by the person who prepared it and must contain, if available, at least the following information about the casualty or accident:
- The numbers and names of each vessel involved.
- The name and address of each owner of each vessel involved.
- The name of the nearest city or town, the county, the State, and the body of water.
- The time and date the casualty or accident occurred.
- The location on the water.
- The visibility, weather, and water conditions.
- The estimated air and water temperatures.
- The name, address, age or date of birth, telephone number, vessel operating experience, and boating safety training of the operator making the report.
- The name and address of each operator of each vessel involved.
- The number of persons on board or towed on skiis by each vessel.
- The name, address, and date of birth of each person injured or killed.
- The cause of each death.
- Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel.
- The name and address of each owner of property involved.
- The availability and use of personal flotation devices.
- The type and amount of each fire extinguisher used.
- The nature and extent of each injury.
- A description of all property damage and vessel damage with an estimate of the cost of all repairs.
- A description of each equipment failure that caused or contributed to the cause of the casualty.
- A description of the vessel casualty or accident.
- The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing, or other), and the type of accident (capsizing, sinking, fire, or explosion or other).
- The opinion of the person making the report as to the cause of the casualty, including whether or not alcohol or drugs, or both, was a cause or contributed to causing the casualty.
- The make, model, type (open, cabin house, or other), beam width at widest point, length, depth from transom to keel, horsepower, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel, or other), construction (wood, steel, aluminum, plastic, fiberglass, or other), and year built (model year), of the reporting operator's vessel.
- The name, address, and telephone number of each witness.
- The manufacturer's hull identification number, if any, of the reporting operator's vessel.
- The name, address, and telephone number of the person submitting the report.
33 CFR 173.59 Where to report.
A report required by 33 CFR 173.55 must be submitted to:
- The reporting authority listed in Appendix A of this part where the vessel number was issued, or, if the vessel has no number, where the vessel is principally used; or
- The reporting authority where the casualty or accident occurred, if it occurred outside the State where the vessel is numbered or principally used.
Appendix A to Part 173_Issuing Authorities and Reporting Authorities
- The State is the issuing authority and reporting authority in: . . . Indiana.
(33 CFR 174) Casualty Reporting System Requirements
33 CFR 174.101 Applicability of State casualty reporting system.
- A state casualty reporting system must require the reporting of vessel casualties and accidents involving vessels to which 33 CFR 173.51 of this chapter applies.
- The State casualty reporting system may also require vessel casualty or accident reports for property damage in amounts less than that required under 33 CFR 173.55 of this chapter.
33 CFR 174.103 Administration.
The State casualty reporting system must be administered by a State agency that_
- Will provide for the reporting of all casualties and accidents prescribed in 33 CFR 173.55 of this chapter;
- Receives reports of vessel casualties or accidents required in 33 CFR 174.101;
- Reviews each accident and casualty report to assure the accuracy and completeness of each report;
- Determines the cause of casualties and accidents reported based on information available and indicates the apparent cause on the casualty report or on an attached page;
- Notifies the Coast Guard, in writing, when a problem area in boating safety peculiar to the State is determined, together, with corrective measures instituted or recommended; and
- Reports on vessel numbering and vessel casualties and accidents as required in Subpart D of this part.
33 CFR 174.105 Owner or operator casualty reporting requirements.
A State casualty reporting system must contain the following requirements of Part 173 applicable to an owner or a person operating a vessel:
- Section 173.55 Report of casualty or accident.
- Section 173.57 Casualty or accident report.
- Section 173.59 Where to report.
33 CFR 174.106 State casualty reporting system optional sections.
In addition to the requirements in 33 CFR 174.105, a State casualty reporting system may contain any of the other requirements applicable to a boat owner or operator prescribed in Part 173.
33 CFR 174.107 Contents of casualty or accident report form.
Each form for reporting a vessel casualty or accident must contain the information required in 33 CFR 173.57 of this chapter.
(33 CFR 175.05) Action to correct an especially hazardous condition
33 CFR 175.05 Action to correct an especially hazardous condition
An operator of a boat who is directed by a Coast Guard Boarding Officer to take immediate and reasonable steps necessary for the safety of those aboard the vessel, under section 4308 of Title 46, United States Code, shall follow the direction of the Coast Guard Boarding Officer, which may include direction to:
- Correct the especially hazardous condition immediately;
- Proceed to a mooring, dock, or anchorage; or
- Suspend further use of the boat until the especially hazardous condition is corrected.
(33 CFR 175.11, et seq.) Personal Flotation Devices
33 CFR 175.11 Applicability.
This subpart applies to all recreational vessels that are propelled or controlled by machinery, sails, oars, paddles, poles, or another vessel.
33 CFR 175.13 Definitions.
As used in this subpart:
- "Personal flotation device" means a device that is approved by the Commandant under 46 CFR Part 160.
- "PFD" means "personal flotation device".
33 CFR 175.15 Personal flotation devices required
Except as provided in 33 CFR 175.17:
- No person may use a recreational vessel unless at least one PFD of the following types is on board for each person:
- Type I PFD;
- Type II PFD; or
- Type III PFD.
- No person may use a recreational vessel 16 feet or more in length unless one Type IV PFD is on board in addition to the total number of PFD's required in paragraph (a) of this section.
33 CFR 175.17 Exemptions.
- A Type V PFD may be carried in lieu of any PFD required under 33 CFR 175.15, provided:
- The approval label on the Type V PFD indicates that the device is approved: (i) For the activity in which the vessel is being used; or (ii) As a substitute for a PFD of the Type required on the vessel in use;
- The PFD is used in accordance with any requirements on the approval label; and
- The PFD is used in accordance with requirements in its owner's manual, if the approval label makes reference to such a manual.
- Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional Type IV PFD required under 33 CFR 175.15(b).
- Racing shells, rowing sculls, racing canoes and racing kayaks are exempted from the requirements for carriage of any Type PFD required under 33 CFR 175.15.
- Sailboards are exempted from the requirements for carriage of any Type PFD required under 33 CFR 175.15.
- Recreational submersibles are exempted from the requirements for carriage of any Type PFD required under 33 CFR 175.15, provided the vessel carries for each person on board:
- A USCG approved inflatable PFD for commercial submersibles; or
- A flotation device that provides:
- A minimum of 22 pounds of buoyancy inflated;
- Has a means of manual inflation that can be activated with one quick and positive motion; and
- Has an inflation chamber that is free from any leaks that can be visually detected by holding the device under water. . . .
33 CFR 175.19 Stowage.
- No person may use a recreational boat unless each Type I, II, or III PFD required by 33 CFR 175.15 of this part, or equivalent type allowed by 33 CFR 175.17 of this part, is readily accessible.
- No person may use a recreational boat unless each Type IV PFD required by 33 CFR 175.15 of this part, or equivalent type allowed by 33 CFR 175.17 of this part, is immediately available.
33 CFR 175.21 Condition; size and fit; approval marking.
No person may use a recreational boat unless each PFD required by 33 CFR 175.15 of this part or allowed by 33 CFR 175.17 of this part is:
- In serviceable condition:
- Of an appropriate size and fit for the intended wearer, as marked on the approval label; and
- Legibly marked with its approval number, as specified in 46 CFR part 160.
(33 CFR 175.101, et seq.) Visual Distress Signals
33 CFR 175.101 Applicability.
- This subpart applies, after 31 December 1980, to boats on the coastal waters of the United States . . . .
33 CFR 175.105 Definitions.
- Visual distress signal means a device that is approved by the Commandant under 46 CFR Part 160 or certified by the manufacturer under 46 CFR Parts 160 and 161.
- Coastal waters means: . . . [t]he U.S. waters of the Great Lakes (Lake Erie, Huron, Michigan, Ontario, and Superior); .
33 CFR 175.110 Visual distress signals required.
- No person may use a boat 16 feet or more in length or any boat carrying six or less passengers unless visual distress signals selected from the list in 33 CFR 175.130 or the alternatives in 33 CFR 175.135, in the number required, are on board. Devices suitable for day use and devices suitable for night use, or devices suitable for both day and night use, must be carried.
- Between sunset and sunrise, no person may use a boat less than 16 feet in length unless visual distress signals suitable for night use, selected from the list in 33 CFR 175.130 or 33 CFR 175.135, in the number required, are on board.
33 CFR 175.113 Launchers.
- When a visual distress signal carried to meet the requirements of 33 CFR 175.110 requires a launcher to activate, then a launcher approved under 46 CFR 160.028 must also be carried.
33 CFR 175.115 Exceptions.
The following persons need not comply with 33 CFR 175.110; however, each must carry on board visual distress signals suitable for night use, selected from the list in 33 CFR 175.130 or 33 CFR 175.135, in the number required, between sunset and sunrise:
- A person competing in any organized marine parade, regatta, race, or similar event;
- A person using a manually propelled boat; or
- A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26' in length.
33 CFR 175.120 Stowage.
- No person may use a boat unless the visual distress signals required by 33 CFR 175.110 are readily accessible.
33 CFR 175.125 Serviceability.
- No person may use a boat unless each signal required by 33 CFR 175.110 is in serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired.
33 CFR 175.128 Marking.
- No person may use a boat unless each signal required by 33 CFR 175.110 is legibly marked with the approval number or certification statement as specified in 46 CFR Parts 160 and 161.
33 CFR 175.130 Visual distress signals accepted.
- Any of the following signals, when carried in the number required, can be used to meet the requirements of 33 CFR 175.110:
- An electric distress light meeting the standards of 46 CFR 161.013. One is required to meet the night only requirement.
- An orange flag meeting the standards of 46 CFR 160.072. One is required to meet the day only requirement.
- Pyrotechnics meeting the standards noted in Table 175.130.
- Any combination of signal devices selected from the types noted in paragraphs (a) (1), (2) and (3) of this section, when carried in the number required, may be used to meet both day and night requirements. .
33 CFR 175.140 Prohibited use.
No person in a boat shall display a visual distress signal on waters to which this subpart applies under any circumstance except a situation where assistance is needed because of immediate or potential danger to the persons on board.
(46 CFR 25.35-1) Backfire Flame Control
46 CFR 25.35-1 Requirements
- Every gasoline engine installed in a motorboat or motor vessel after April 25, 1940, except outboard motors, shall be equipped with an acceptable means of backfire flame control.
(46 CFR 25.40) Ventilation
46 CFR 25.40-1 Tanks and engine spaces
- All motorboats or motor vessels, except open boats and as provided in paragraphs (d) and (e) of this section, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flashpoint of 110xF., or less, shall have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.
- As used in this section, the term open boats means those motorboats or motor vessels with all engine and fuel tank compartments, and other spaces to which explosive or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel.
- Boats as defined in the Federal Boat Safety Act of 1971 built after July 31, 1980 or which are in compliance with 33 CFR part 183 are excepted from these requirements.
- Boats, as defined in Federal Boat Safety Act of 1971, built after July 31, 1978 are excepted from the requirements of paragraph (a) fro fuel tank compartments that:
- Contain a permanently installed fuel tank if each electrical component is ignition protected in accordance with 33 CFR 183.410(a); and
- Contain fuel tanks that vent to the outside of the boat.