AMENDMENTS 1966-Pub. L. 89-764 inserted sentence providing that in all narrow channels a steam vessel of less than sixtyfive feet in length shall not hamper the safe passage of a vessel which can navigate only inside that channel.

EFFECTIVE DATE OF 1966 AMENDMENT Amendment of section by Pub. L. 89-764 effective as of the ninetieth day after Nov. 5, 1966, see section 7 of Pub. L. 89-764, set out as a note under section 205 of this title.

§ 290. Steam vessels passing in narrow channels; slackening speed (Rule 25).

In all channels less than five hundred feet in width, no steam vessel shall pass another going in the same direction unless the steam vessel ahead be disabled or signify her willingness that the steam vessel astern shall pass, when the steam vessel astern may pass, subject, however, to the other rules applicable to such a situation. And when steam vessels proceeding in opposite directions are about to meet in such channels, both such vessels shall be slowed down to a moderate speed, according to the circumstances. (Feb. 8, 1895, ch. 64, § 1, 28 Stat.

649.)

§ 291. Dissent to or misunderstanding of signal given; duty to reduce speed (Rule 26).

If the pilot of a steam vessel to which a passing signal is sounded deems it unsafe to accept and assent to said signal, he shall not sound a cross signal; but in that case, and in every case where the pilot of one steamer fails to understand the course or intention of an approaching steamer, whether from signals being given or answered erroneously, or from other causes, the pilot of such steamer so receiving the first passing signal, or the pilot so in doubt, shall sound several short and rapid blasts of the whistle; and if the vessels shall have approached within half a mile of each other both shall reduce their speed to bare steerageway, and, if necessary, stop and re(Feb. 8, 1895, ch. 64, § 1, 28 Stat. 649.)

verse.

§ 295. Day and night signals for vessels anchored, not under command, or aground (Rule 30).

(a) Between sunrise and sunset every vessel over sixty-five feet in length when at anchor shall carry forward, where it can best be seen, one black ball not less than two feet in diameter.

(b) A vessel over sixty-five feet in length which is not under command shall carry where they can best be seen and, if a steam vessel, in lieu of the white light required by section 252 (a) of this title, two red lights in a vertical line one over the other not less than three feet apart, and of such a character as to be visible all around the horizon at a distance of at least two miles. By day such vessel shall carry in a vertical line one over the other not less than three feet apart, where they can best be seen, two black balls, each two feet in diameter. Such vessel, when not making way through the water, shall not carry the side lights required by section 252 (b) and (c) of this title, but when making way shall carry them.

(c) A vessel aground over sixty-five feet in length shall carry by night the white light or lights prescribed for a vessel at anchor and in addition shall carry, where they can best be seen by approaching vessels, two red lights in a vertical line one over the other, not less than three feet apart, visible all around the horizon at a distance of at least two miles. By day such vessel shall carry in a vertical line one over the other not less than three feet apart, where they can best be seen, three black balls, each two feet in diameter. (Feb. 8, 1895, ch. 64, § 1, as added Mar. 18, 1948, ch. 138, § 5, 62 Stat. 82.)

353.

354.

355. 356.

MISCELLANEOUS PROVISIONS

additional

Establishment of special rules; publication; hearings.

Penalties for violation by pilot, engineer, mate, or master.

Penalty for violations by vessel.

Exemption of Navy and Coast Guard vessels from compliance with International Rules of the Road. CROSS REFERENCES

Exemption of certain Navy and Coast Guard vessels from navigation rules concerning lights, see sections 143a, 360, and 360a of this title.

Lights and sound signal devices for motorboats, see sections 526b-526d of Title 46, Shipping.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 360 of this title.

PRELIMINARY

§ 301. Adoption of rules.

The following regulations for preventing collisions shall be followed by all vessels upon the waters of the Mississippi River between its source and the Huey P. Long Bridge and all of the tributaries emp

tying thereinto and their tributaries, and that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway, and the Red River of the North; and are declared special rules duly made by local authority. (R. S. § 4233; Aug. 19, 1890, ch. 802, 26 Stat. 320; Feb. 8, 1895, ch. 64, 28 Stat. 645; Feb. 19, 1895, ch. 102, § 1. 28 Stat. 672; June 7, 1897, ch. 4, 30 Stat. 96; May 21, 1948, ch. 328, § 4, 62 Stat. 249; Aug. 8, 1953, ch. 386, § 2, 67 Stat. 497.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.

CODIFICATION

The rules for preventing collisions prescribed by R. 8. § 4233, as amended, form the basis of this chapter. Those rules as enacted were not limited in application to the navigation of any waters. But they were superseded as to navigation on the high seas and in all coast waters of the United States, except such as were otherwise provided for, by the adoption of "Revised International Regulations" by act March 3, 1885, ch. 354, 23 Stat. 438; and these regulations were superseded by the adoption of the subsequent regulations of act Aug. 19, 1890, formerly set out as section 61 et seq. of this title and now covered by section 1051 et seq. of this title.

The rules prescribed by R. S. § 4233 were further superseded, as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal, by the rules applying to such navigation prescribed by act Feb. 8, 1895, (chapter 4 of this title).

The provisions of R. S. §§ 4233, 4412, and 4413 and regulations pursuant thereto were adopted as special rules for the navigation of harbors, rivers, and inland waters of the United States (except the Great Lakes and their connecting and tributary waters as far east as Montreal) by act Feb. 19, 1895. R. S. §§ 4412 and 4413 were classified to former section 381 of Title 46, Shipping.

But thereafter the rules prescribed by R. S. § 4233, were further superseded as to navigation of all harbors, rivers, and inland waters except the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, by the rules applying to all such waters other than the specific exceptions, of act June 7, 1897, (chapter 3 of this title).

The rules prescribed by R. S. § 4233, therefore, remain in force only as to the navigation of the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries.

This section is a modification of section 1 of act Feb. 19, 1895. Section 2 of that act is section 151 of this title. Section 3 of the act is the source of section 303 of this title. Section 4 of the act provided that the words "inland waters," as used in the act, should not be held to include the Great Lakes and their connecting and tributary waters as far east as Montreal, and that the act should not in any respect modify or affect act Feb. 8, 1895, (chapter 4 of this title). The application of the rules set forth in this chapter being now expressly limited to the Red River of the North and rivers emptying into the Gulf and their tributaries, section 4 becomes superfluous. Act Feb. 19, 1895, has also been cited as a credit to each of the rules set forth in this chapter.

AMENDMENTS

1953-Act Aug. 8, 1953, made section inapplicable to the Mobile River and its tributaries.

1948-Act May 21, 1948, made the necessary alteration in the territorial jurisdiction of the Western River Rules to conform to section 154 of this title.

EFFECTIVE DATE OF 1948 AMENDMENT Section 6 of act May 21, 1948, provided that the amendments to this section and sections 151, 157-159, 173, 302-352, and the additions of sections 353-356, all of this title, shall become effective on Jan. 1, 1949.

CROSS REFERENCES

Similar provisions

International rules for navigation at sea, see section 1051 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 241 of this title.

Navigation rules for habors, rivers and inland waters generally, see section 154 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 353 of this title.

§ 302. Definitions (Rule 1).

In the following rules every steam vessel which is under sail and not under power is to be considered a sailing vessel, and every vessel under power, whether under sail or not, is to be considered a steam vessel.

The words "steam vessel" shall include any vessel propelled by machinery.

A vessel is "under way" within the meaning of these rules when she is not at anchor, or made fast to the shore, or aground.

The word "visible" in these rules, when applied to lights, shall mean visible on a dark night with a clear atmosphere.

The words "distinct blast" in these rules, when applied to whistle signals shall mean a clearly audible blast of any length. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1905, ch. 1457, § 10, 33 Stat. 1032; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.

CODIFICATION

This rule, derived from R. S. § 4233, was amended by act Mar. 3, 1905. The amendment consisted in the addition of the definition of steam vessel, so as to make the rule conform to the similar provisions of act Aug. 19, 1890, ch. 802, § 1, 26 Stat. 320 (former section 62 of this title), act June 7, 1897, ch. 4, § 1, 30 Stat. 96 (section 155 of this title), and act Feb. 8, 1895, ch. 64, § 1, 28 Stat. 645 (section 242 of this title). Section 11 of the act Mar. 3, 1905, provided that it shall take effect July 1, 1905. See, also, note to section 301 of this title.

International rules for navigation at sea, see section 1061 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 242 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 155 of this title.

§ 303. Penalty for violation by vessel.

Collectors or other chief officers of the customs shall require all sail vessels navigating the Red River of the North and rivers emptying into the Gulf of Mexico, and their tributaries to he furnished with proper signal lights.

Every such vessel that shall be navigated without complying with the Statutes of the United States, or the regulations that may be lawfully made thereunder, shall be liable to a penalty of $200, one-half to go to the informer; for which sum the vessel so navigated shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. (Feb. 19, 1895, ch. 102, § 3, 28 Stat. 672.)

CODIFICATION

As originally enacted section 3 of act Feb. 19, 1895, did not contain the words "navigating the Red River of the North and rivers emptying into the Gulf of Mexico." See, also, note to section 301 of this title.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 5 of this title. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

International rules for navigation at sea, see section 1061 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 251 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 171 of this title.

§ 312. Lights of vessel towing alongside or pushing vessel or vessels (Rule 3).

A steam vessel when towing another vessel or vessels alongside or by pushing ahead shall carry(a) On the starboard side a green light so constructed and fixed as to show the light from ahead and not more than half a point on the port bow to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least three miles.

(b) On the port side a red light so constructed and fixed as to show the light from ahead and not more than half a point on the starboard bow, to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least three miles.

(c) The said green and red side lights shall be fitted with inboard screens painted black and projecting at least three feet forward from the light, so as to prevent these lights from being seen more than half a point across the bow.

(d) At or near the stern, where they can best be seen, two amber lights in a vertical line, one over the other, not less than three feet apart, of such a character as to be visible from aft for a distance of at least two miles, and so screened as not to be visible forward of the beam. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250; Aug. 14, 1958, Pub. L. 85-635, § 3, 72 Stat. 590.)

§ 313. Lights of vessel towing vessel or vessels astern (Rule 4).

A steam vessel when towing another vessel or vessels on a hawser astern shall carry, in addition to the side lights described in section 312 (a), (b), and (c) of this title and at a greater height than those lights, in the forward half of the vessel, two bright white lights in a vertical line, one over the other, at least three feet apart. Each of these lights shall be so constructed as to show an unbroken light over an arc of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side and of such a character as to be visible at a distance of at least three miles. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.

CODIFICATION

See note to section 301 of this title.

AMENDMENTS

1948-Act May 21, 1948, amended section generally. 47-500 0-71-vol. 8-7

International rules for navigation at sea, see section 1063 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see sections 253 and 254 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 173 of this title.

§ 314. Lights of seagoing steam vessels under way (Rule 5).

A seagoing steam vessel under way shall carry lights as required by section 72 of this title. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.

REFERENCES IN TEXT

Section 72 of this title, referred to in text, was article 2 of the International Rules, which was repealed by act Oct. 11, 1951, ch. 495, § 5, 65 Stat. 407, eff. Jan. 1, 1954, and is now covered by section 1062 of this title. CODIFICATION

See note to section 301 of this title.

AMENDMENTS

1948-Act May 21, 1948, amended section generally.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment of section by act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title.

§ 315. Lights of river steamers (Rule 6).

A river steamer, by which is meant a river-type steam vessel with two smokestacks in an athwartship line, may carry, in lieu of the lights prescribed by section 316 (a) of this title, the following lights, namely: One red light on the outboard side of the port smokestack and one green light on the outboard side of the starboard smokestack. Such lights shall show forward, aft, and abeam on their respective sides. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.
CODIFICATION

See note to section 301 of this title.

side lights as described in section 312 (a)-(c) of this title, a central range of two white lights, the after light being carried at an elevation higher than the light at the head of the vessel. The headlight shall be so constructed as to show an unbroken light through twenty points of the compass, namely, from right ahead to two points abaft the beam on either side of the vessel, and the after light so as to show all around the horizon.

(b) The lights for barges, canal boats, scows, and other vessels of nondescript type, when in tow of steam vessels, and for ferryboats, shall be as prescribed by the Commandant, United States Coast Guard (R. S. § 4233; Mar. 3, 1893, ch. 202, 27 Stat. 557; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.

CODIFICATION

This rule, derived from R. S. § 4233, was amended by act Mar. 3, 1893, by inserting after the words "ferryboats," in the last sentence, a comma, and the words "barges and canal boats when in tow of steam vessels." See, also, note to section 301 of this title. AMENDMENTS

1948-Act May 21, 1948, amended section generally.

CHANGE OF NAME

"Commandant of the Coast Guard" was substituted for "board of supervising inspectors of steam vessels" on authority of 1946 Reorg. Plan No. 3 set out in the Appendix to Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment of section by act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties. relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. Such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

Similar rules

CROSS REFERENCES

Navigation rules for Great Lakes and their connecting and tributary waters, see section 256 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 178 (d) of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 315 of this title

§ 317. Lights of sailing vessels under way and vessels being towed; exceptions (Rule 8).

A sailing vessel under way, and any vessel being towed except barges, canal boats, scows, and other vessels of nondescript type when in tow of steam

International rules for navigation at sea, see section 1065 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 255 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 174 of this title.

§ 318. Lights of small vessels in bad weather (Rule 9). Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. To make the use of these portable lights more certain and easy, they shall each be painted outside with the color of the light they respectively contain, and shall be provided with suitable screens. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

International rules for navigation at sea, see section 1066 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 257 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 175 of this title.

§ 319. Lights of overtaken vessels (Rule 10). (a) A vessel when under way, if not otherwise required by these rules to carry one or more lights visible from aft, shall carry at her stern a white light, so constructed that it shall show an unbroken light over an arc of the horizon of twelve points of the compass, so fixed as to show the light six points from right aft on each side of the vessel, and of such a