Inland Navigation Rules; Lighting Provisions

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 80, 82, 84, 87, 88, and 90

[CGD 94-011]

RIN 2115-AE72

Inland Navigation Rules; Lighting Provisions

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend certain technical lighting

provisions and interpretive regulations supplementing the Inland

Navigation Rules. These proposed changes will bring certain U.S.

technical rules into conformity with amendments to the International

Regulations for Preventing Collisions at Sea (72 COLREGS) scheduled to

become effective in November, 1995. In addition, at the request of the

Navigation Safety Advisory Council (NAVSAC), the Coast Guard is

proposing several interpretive regulations to clarify ambiguities in

the rules.

DATES: Comments must be received on or before September 19, 1994.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine

Safety Council (G-LRA/3406) (CGD 94-011), U.S. Coast Guard

Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may

be delivered to room 3406 at the above address between 8 a.m. and 3

p.m., Monday through Friday, except Federal holidays. The telephone

number is (202) 267-1477.

The Executive Secretary maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at room 3406, U.S. Coast Guard

Headquarters, between 8 a.m. and 3 p.m., Monday through Friday,

executive Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Epstein, Navigation Rules

and Information Branch, Office of Navigation Safety and Waterway

Services, (202) 267-0352 or (202) 267-0357.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their name and address,

identify this rulemaking (CGD 94-011) and the specific section of this

proposal to which each comment applies, and give a reason for each

comment. Please submit two copies of all comments and attachments in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose a stamped, self-addressed postcard

or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Marine Safety Council at the address

under ADDRESSES. The request should include reasons why a hearing would

be beneficial. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in drafting this document are

Jonathan Epstein, Project Manager, Office of Navigation Safety and

Waterway Services, and Ms. Helen Boutrous, Project Counsel, Office of

Chief Counsel.

Background and Purpose

The Inland Navigation Rules and the International Regulations for

Preventing Collisions at Sea (72 COLREGS) provide Rules governing all

vessels on inland waters and on the high seas, respectively. In order

to maintain consistency between the 72 COLREGS and the Inland

Navigation Rules, the Coast Guard is proposing to revise certain

technical rules to conform with amendments to the 72 COLREGS scheduled

to become effective in November 1995. The Coast Guard anticipates that

these proposed revisions, if adopted, would also become effective

November 1995 to coincide with the effective date of the COLREGS

amendments. In no case would the amendments become effective before

November, 1995.

In addition, the Navigation Safety Advisory Council (NAVSAC), a

congressionally mandated advisory group, has been reviewing the Inland

Navigation Rules for consistency with the 72 COLREGS. As part of this

ongoing review, NAVSAC has recommended several regulatory changes to

clarify ambiguities in practical application of the rules as well as to

bring the Inland Navigation Rules into closer conformity with the 72

COLREGS.

Discussion of Proposed Amendments to Conform to 72 COLREGS Changes

In November 1995, eight amendments to the 72 COLREGS will become

effective. NAVSAC has endorsed amending the Inland Navigation Rules

technical annexes to reflect these changes to the 72 COLREGS. These

proposed amendments deal primarily with light placement requirements.

Masthead Lights for Vessels Less Than 20 Meters in Length (Sec. 84.05)

The Coast Guard is proposing to revise 33 CFR 84.05 to allow

vessels less than 20 meters in length to carry their masthead light as

far forward as is practicable. This would result in no substantive

change for mariners because Inland Navigation Rule 23(a) already

provides that vessels less than 20 meters in length may carry their

masthead lights as far forward as is practicable. However, this

proposed change to Sec. 84.05 would maintain parallel language between

the Inland Navigation Rules and the 72 COLREGS. Although the 72 COLREGS

amendment was originally based on a U.S. proposal to the International

Maritime Organization (IMO) to amend Rule 23(a)(i), the IMO

Subcommittee chose to amend technical Annex I rather than Rule

23(a)(i). The proposed revision will ease compliance for mariners who

will be able to refer to parallel language in Annex I of the 72 COLREGS

and Annex I of the Inland Rules.

Use of Two Lights To Meet Angular Sector Requirements (Sec. 84.17)

This proposed amendment would allow the pairing of light fixtures

to ensure all round visibility of navigation lights. This change would

maintain consistency with the corresponding 72 COLREGS amendment. On a

vessel with a mast of large diameter, such as a warship or a vessel

with a combined smoke stack and mast configuration, it is often

structurally impractical to mount a single all around light at a

sufficient distance from the mast to meet the 6 deg. angular cutout

requirements of the Navigation Rules, which prescribe a maximum 6 deg.

blind zone. This problem can be addressed either through the use of two

separate lights adequately screened, or two lights close enough

together that they appear, for all practical purposes, as one light.

This proposed regulation will specifically allow the use of two lights

sufficiently screened or placed near enough together that they appear

as one light at a distance of one mile. Two unscreened all-around

lights that are 1.28 meters (4.2 feet) apart or less will appear as one

light to the naked eye at a distance of one mile.

High Speed Craft (Sec. 84.27)

This proposed amendment would allow modern high speed catamarans

and other craft of unusually wide design to carry masthead lights at a

lower level than would otherwise be prescribed by the rules. This

change will keep the Inland Annex I in conformity with an amendment to

the 72 COLREGS Annex I. The proposal would create a new provision for

high speed craft. The proposed definition of high speed craft is the

same as is used in IMO's ``Draft Code of Safety of High Speed Craft''.

This change recognizes that existing light placement requirements based

on traditional ship design are often impractical when dealing with non-

traditional designs such as catamarans and SWATH (Small Waterplane Area

Twin Hull) craft. The proposed definition of high speed craft includes

a formula which captures those vessels, such as hydrofoils and

hovercraft, that can exceed conventional craft hull speed through use

of dynamically supportable hull designs. The corresponding 72 COLREGS

amendment was drafted such that modern catamaran and non-displacement

craft that are unusually wide relative to their length and capable of

speeds generally in excess of 25 knots, would not be required to carry

their masthead light at a heights unreasonable for the size of the

vessel. This new provision would apply to vessels that meet the

definitional requirements for both high speed craft and have a length

to breadth ratio of less than three-to-one. The following example

illustrates the calculations for mast height on a vessel meeting the

definitional requirements: A high speed catamaran ferry, 59 meters in

length with a 20 meter beam, may carry its forward masthead light 5.1

meters above the sidelights, instead of 8 meters above the hull.

(Sidelights need only be placed above the hull high enough so as not to

be interfered with by deck lights). The definition of ``high speed

craft'' is based on a formula that compares displacement to maximum

speed. Generally hydrofoils, surface effect ships, some light monohulls

and catamarans will meet this definition, while conventional

displacement vessels, tankers, fishing vessels and container ships,

will not. Certain high powered displacement vessels such as frigates or

destroyers may meet this definition but would not meet the length to

breadth ratio requirements. Because compliance with the proposed

provision for high speed craft would be required only in lieu of

compliance with Sec. 84.03(a)(1), existing vessels need not modify

their light configurations.

IMO considered extending the use of the yellow light provided for

in Rule 23(b) for air-cushioned vessels to all high speed craft.

However, this light is intended to draw to the attention of other

vessels the possibility that an air-cushioned vessel may be proceeding

at a large yaw angle. Thus, the navigation lights may not give an

accurate indication of the track made good. Therefore, the IMO

determined that extending the use of the yellow light to all high speed

craft would be inappropriate.

Radar Transponders (Sec. 87.1)

In order to maintain consistency with the 72 COLREGS, this

rulemaking proposes to add the use of survival craft radar transponders

to the list of distress signals included in 33 CFR 87.1. The 1988

amendments to the Safety of Life at Sea Convention (SOLAS), in

Regulation III/26.1.4, require that cargo and passenger ships subject

to SOLAS carry Search and Rescue Transponders (SARTS) for use in

survival craft. A SART is a radar transponder that responds

automatically to most surface navigation radars allowing rescuers to

quickly locate a vessel or survival craft. Carriage requirements and

specifications for SARTS are codified in Federal Communication

Commission regulations at 47 CFR 80.1095, which are referenced in the

proposed revision.

Discussion of Other Proposed Regulations

Lights on Moored Barges (Sec. 82.5, 88.13, 90.5)

These proposed amendments to the Pilot Rules, the interpretive

rules of the 72 COLREGS and the interpretive rules of the Inland Rules,

will clarify the responsibilities of vessels moored to mooring buoys or

other similar devices.

Rule 30 of the 72 COLREGS and Rule 30 of the Inland Navigation

Rules provide lighting requirements for vessels at anchor, without

specifically mentioning vessels moored to mooring buoys. The Coast

Guard proposes interpretive rules to clarify that the term ``vessels at

anchor'' in Rule 30 of the 72 COLREGS and the Inland Rules rules is to

be interpreted to include vessels moored to a mooring buoy.

Recognizing the need to specify safe lighting procedures for

vessels moored to a mooring buoys, the Coast Guard presented this issue

first to the Navigation Safety Advisory Council (NAVSAC), and then, at

their request, to the Towing Safety Advisory Council (TSAC) and the

National Boating Safety Advisory Council (BSAC). Although reaching

different formulations, all three advisory groups agreed that a vessel

moored to a mooring buoy or other similar device should be lighted as a

vessel at anchor in accordance with Rule 30.

The groups also agreed however, that barges should be lighted on

the corners in a scheme to that provided in 33 CFR 88.13 for barges

moored to a bank or dock. Information indicates that most barge

operators already light barges on the corners. Not only does this

lighting scheme provide better definition of the size and dimensions of

the barge(s) than a single anchor light, but by placing the lights near

the sides, it allows a better vertical visibility of small boats.

Additionally, the Coast Guard has determined that it would be

appropriate to require such lights on barges to be visible for one

nautical mile, and to otherwise meet the technical standards for marine

lights as provided in 33 CFR 84.15 (Annex I to the Inland Navigation

Rules). Currently, barges moored along banks or docks are required to

carry two unobstructed white lights of an intensity to be visible for

at least one mile on a clear dark night (33 CFR 88.13(b)). This

requirement has led to confusion in the maritime community. In a recent

allision between a tug and tow and moored barges, the limited

visibility of the lights on the moored barges was a contributing factor

in the allision. Barge operators can easily meet the proposed

requirement. Marine light fixtures meeting this standard are required

for recreational vessels operating at night. Therefore, these fixtures

are readily available and inexpensive.

In consideration of the foregoing, the proposed interpretive rules

of Sec. 90.5 (Inland) and Sec. 82.5 (COLREGS) provide that a vessel

moored to a mooring buoy be lighted as a vessel at anchor, in

accordance with Rule 30, except that barges, unless otherwise

authorized by the Coast Guard Captain of the Port (COTP), shall be

lighted in accordance with Sec. 88.13. However, the exception provided

in Inland and COLREGS Rule 30(e) for vessels less than 7 meters in

length, and Inland Rule 30(g) for vessels less than 20 meters in length

in special anchorage areas would also apply to vessels moored to

mooring buoys.

The proposed additions to the Pilot Rules at Sec. 88.13 will

prescribe, unless otherwise authorized by the Coast Guard Captain of

the Port (COTP), a different lighting scheme for barges (generally, a

white light on each corner). This scheme is already customary practice

in many parts of the country. However, in particular circumstances the

COTP could authorize that a barge be lighted in another manner. For

example, the COTP could authorize a barge to be lighted as a vessel at

anchor. This could arise where it would be safer for a barge moored in

relatively open water to light with fore and aft anchor lights with a

visibility of three miles in lieu of four lights with a visibility of

only one mile.

The Coast Guard, through proposed Sec. 82.5, intends to require

these lighting schemes for barges on all U.S. navigable waters

including COLREGS waters, specifically, Alaskan waters, Puget Sound and

other heavily trafficked U.S. waters which are COLREGS waters for the

purposes of the Rules. This type of special regulation for U.S.

navigable waters is within the special rules exception of COLREGS Rule

1(b).

Barge Sidelights (Sec. 82.7, 90.7)

Improper lighting of barges has been a contributory factor in some

accidents involving recreational boaters and has been the subject of

periodic Congressional interest. This interpretative regulation will

clarify the requirements of Rule 24 of the 72 COLREGS and Rule 24 of

the Inland Rules for barge sidelights and thereby help to reduce the

incidence of improper lighting of barges.

The U.S. delegation to the IMO raised the issue of sidelights on

unmanned barges with the Subcommittee on Safety of Navigation. It was

agreed that sidelights powered with existing battery technology could

not meet the vertical sector requirements for larger vessels under the

72 COLREGS. It was further agreed that an unmanned barge, unable to

meet the technical lighting requirements, could meet the requirements

under COLREGS Rule 24(h). Rule 24(h) allows a vessel or object being

towed to exhibit alternative lighting where it is impracticable to

light the vessel as prescribed in paragraphs (e) or (g) of Rule 24. A

Commandant Instruction to this effect was issued on May 10, 1989.

(Commandant Instruction 16672.3A International Regulations for

Preventing Collisions at Sea, 1972 (72 COLREGS); Lights for Unmanned

Barges.). The instruction indicates that those lighting unmanned barges

may avail themselves of the Rules 24(h) exception. This exception

pertains to the ``vertical sector'' technical requirements only. This

has been the source of some confusion to mariners who have asserted

that paragraph (h) exempts them from other provisions of Rule 24 as

well. The proposed interpretive rules will make clear that in all other

respects, the sidelights must meet all the technical requirements of

the Inland Rules for vessels of that size. This would preclude the use

of known non-marine light fixtures. Failure to comply with Inland Rule

technical requirements, except the vertical sector requirements under

Rule 24(h), where appropriate, could subject a mariner to civil

penalties. Including this interpretation in Secs. 82.7 and 90.7 will

help to ensure that mariners are aware of the correct interpretation of

Rule 24 and its exception in paragraph (h).

Corrections to COLREGS Demarcation lines (Sec. 80)

This proposal also includes corrections to several errors in the

description of COLREGS demarcation lines in 33 CFR part 80. COLREGS

demarcation lines are codified boundaries that delineate the

applicability of either the Inland Navigation Rules or COLREGS. These

lines are marked on navigational charts. The first correction is to the

geographic coordinates in Sec. 80.501 and Sec. 80.520. While these

lines are correctly depicted on navigational charts, their description

in the Code of Federal Regulations includes inadvertent errors. This

rule also proposes to correct several errors in Sec. 80.1495, which

misspells Johnston Island; refers to Canton Island, which was returned

to the Republic of Kirbati in the late 1970s, as a U.S. Possession; and

refers to the Trust Territory of the Pacific Islands which was

dissolved in 1987.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has not been reviewed by the Office of Management and Budget under that

order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979).

The Coast Guard expects the economic impact of this proposal to be

so minimal that a full Regulatory Evaluation under paragraph 10e of the

regulatory policies and procedures of DOT is unnecessary. The only

proposed provision involving potential costs to mariners is the

proposed rule that would require moored barges to display lights in

accordance with prescribed lighting schemes meeting certain minimum

standards. This lighting scheme is consistent with existing industry

practice. The Coast Guard estimates that a relatively small proportion

of bargetowboat owners are not equipped to light their barges as

prescribed by this NPRM. For those persons that do not have lights

meeting appropriate standards, the cost is de minimus. An all-round

white light fixture costs approximately $12.00. Because most barge

lights are placed onboard temporarily by fleeting or towboats when

necessary, and barges fleeted together would be lighted as one unit, it

is difficult to accurately estimate the number of lights that would be

required to be purchased by an individual mariner or maritime company.

However, because of the low unit cost, the impact on any one operator

will be minimal. The Coast Guard specifically requests comments from

the industry regarding the expected costs of the proposed rules.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include (1) small not-for-profit organizations that are

independently owned and operated and are not dominant in their fields

and (2) governmental jurisdictions with populations of less than

50,000.

The only potential economic impact would be cost of marine type

fixtures. As discussed above, that cost is de minimus. Because it

expects the impact of this proposal to be minimal, the Coast Guard

certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will

not have a significant economic impact on a substantial number of small

entities.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this proposal does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Under federal law, authority to issue regulations to implement the

Inland Navigational Rules is vested in the Secretary of transportation

and delegated to the Coast Guard. Therefore, if this rule become final,

the Coast Guard intends it to preempt State action addressing this

subject matter.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under section 2.B.2 of Commandant Instruction

M16475.1B, this rulemaking is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination is

available in the docket for inspection or copying where indicated under

ADDRESSES.

List of Subjects

33 CFR Part 80

Navigation (water), Treaties Waterways.

33 CFR Part 82

Navigation (water), Treaties.

33 CFR Part 84

Navigation (water), Waterways.

33 CFR Part 87

Navigation (water), Waterways.

33 CFR Part 88

Navigation (water), Waterways.

33 CFR Part 90

Navigation (water), Waterways.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 33 CFR parts 80, 82, 84, 87, 88 and 90 as follows:

PART 80--COLREGS DEMARCATION LINES

1. The authority citation for part 80 continues to read as follows:

Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a); 49 CFR

1.46.

2. In Sec. 80.501, paragraph (d) is revised to read as follows:

Sec. 80.501 Tom's River, NJ to Cape May, NJ.

* * * * *

(d) A line drawn from the southern most point of Longport at

latitude 39 deg.18.2' N. longitude 74 deg.33.1' W. to the northeastern-

most point of Ocean City at latitude 39 deg.17.6' N. longitude

74 deg.33.1'W. across Great Egg Harbor Inlet.

* * * * *

3. In Sec. 80.520, paragraph (a) is revised to read as follows:

Sec. 80.502 Cape Hatteras, NC to Cape Lookout, NC.

(a) A line drawn from Hatteras Inlet Lookout Tower at latitude

35 deg.11.8' N. Longitude 75 deg.44.9' W. 255 deg. true to the eastern

end of Ocracoke Island.

* * * * *

4. Section 80.1495 is revised as follows:

Sec. 80.1495 U.S. Pacific Island Possessions.

The 72 COLREGS shall apply on the bays, harbors, lagoons, and

waters surrounding the U.S. Pacific Island Possessions of American

Samoa, and Baker, Howland, Jarvis, Johnston, Palmyra, Swains and Wake

Islands.

PART 82--72 COLREGS: INTERPRETATIVE RULES

5. The authority citation for part 82 is revised to read as

follows:

Authority: 14 U.S.C. 2, 663; 33 U.S.C. 1602; E.O. 11964; 49 CFR

1.46(n).

6. Section 82.5 is added to read as follows:

Sec. 82.5 Lights for moored vessels.

For the purposes of Rule 30 of the 72 COLREGS, a ``vessel at

anchor'' includes a vessel made fast to one or more mooring buoys or

other similar device attached to the bottom. Such a vessel shall be

lighted as a vessel at anchor in accordance with Rule 30, except that a

barge, unless otherwise authorized by the cognizant Coast Guard Captain

of the Port (COTP), shall meet the applicable requirements of 33 CFR

88.13.

7. Section 82.7 is added to read as follows:

Sec. 82.7 Sidelights for unmanned barges.

An unmanned barge complies with Rule 24 of the 72 COLREGS even if

it is unable to meet the technical vertical sector requirements for

sidelights as prescribed in Annex I(10) paragraphs (a) and (c) of the

72 COLREGS, if the sidelights meet all other technical requirements of

these rules, such as requirements for luminous intensity and arc of

visibility.

PART 84--ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND

SHAPES

8. The authority citation for part 84 continues to read as follows:

Authority: 33 U.S.C. 2071; 49 CFR 1.46.

9. In Sec. 84.01, redesignate paragraphs (b) through (c) as

paragraphs (c) through (d) and add a new paragraph (b) to read as to

read as follows:

Sec. 84.01 Definitions.

* * * * *

(b) The term high speed craft means a craft capable of maximum

velocity equal to or exceeding: V=3.7 D0.1667; where: V=velocity

at displacement (meters/second) and D=maximum permissible displacement

(meters3).

Note: The same formula expressed in knots and pounds is:

V(kts)=1.98D(lbs)D0.1667; where: V=maximum vessel speed in

knots and D=maximum displacement in pounds.

* * * * *

10. In Sec. 84.05, revise paragraph (a), redesignate paragraph (b)

as paragraph (e), redesignate paragraph (c) as paragraph (b),

redesignate paragraph (d) as paragraph (c) and add a new paragraph (d)

to read as follows:

Sec. 84.05 Horizontal positioning and spacing of lights.

(a) Except as specified in paragraph (e) of this section, when two

masthead lights are prescribed for a power-driven vessel, the

horizontal distance between them must not be less than one quarter of

the length of the vessel but need not be more than 50 meters. The

forward light must be placed not more than one half of the length of

the vessel from the stem.

* * * * *

(d) When only one masthead light is prescribed for a power-driven

vessel, this light must be exhibited forward of amidships; except that

a vessel of less than 20 meters in length need not exhibit this light

forward of amidships but must exhibit it as far forward as is

practicable.

* * * * *

11. In Sec. 84.17, redesignate paragraph (b) as paragraph (b)(1)

and add paragraph (b)(2) to read as follows:

Sec. 84.17 Horizontal sectors.

* * * * *

(b)(1) * * *

(2) If it is impracticable to comply with paragraph (b)(1) of this

section by exhibiting only one all-around light, two all-around lights

shall be used suitably positioned or screened so that they appear, as

far as practicable, as one light at a distance of one mile. Note: Two

unscreened all-round lights that are 1.28 meters apart or less will

appear as one light to the naked eye at a distance of one mile.

12. Section 84.27 is added to read as follows:

Sec. 84.27 High speed craft.

(a) The masthead light of high speed craft with a length to breadth

ratio of less than 3.0 may be placed at a height related to the breadth

lower than that prescribed in Sec. 84.03(a)(1), provided that the base

angle of the isosceles triangle formed by the side lights and masthead

light when seen in end elevation is not less than 27 degrees as

determined by the formula in paragraph (b) of this section.

(b) The minimum height of masthead light above sidelights is to be

determined by the following formula: Tan 27 deg.=x/y; where Y

is \1/2\ the horizontal distance between the sidelights and X is the

height of the forward masthead light.

PART 87--ANNEX IV: DISTRESS SIGNALS

13. The authority citation for part 87 continues to read as

follows:

Authority: 33 U.S.C. 2071; 49 CFR 1.46.

14. In Sec. 87.1, paragraph (o) is revised as follows:

Sec. 87.1 Need of assistance.

* * * * *

(o) Signals transmitted by radiocommunication systems, including

survival craft radar transponders meeting the requirements of 47 CFR

80.1095.

* * * * *

PART 88--ANNEX V: PILOT RULES

15. The authority citation for part 88 is continued to read as

follows:

Authority: 33 U.S.C. 2071; 49 CFR 1.46.

16. In Sec. 88.13, revise the heading, revise paragraph (b) and

(c), redesignate paragraph (d) as paragraph (e) and add a new paragraph

(d) to read as follows:

Sec. 88.13 Lights on moored barges.

* * * * *

(b) Barges described in paragraph (a) of this section shall carry

two unobstructed all-round white lights of an intensity to be visible

for at least 1 nautical mile and meeting the technical requirements as

prescribed in Sec. 84.15 of this chapter.

(c) A barge or group of barges at anchor or made fast to one or

more mooring buoys or other similar device, unless otherwise authorized

by the Coast Guard Captain of the Port (COTP), shall carry unobstructed

all-round white lights of an intensity to be visible for at least 1

nautical mile that meet the requirements of Sec. 84.15 of this chapter

and shall be arranged as follows:

(1) Any barge that projects from a group formation, shall be

lighted on its outboard corners.

(2) On a single barge moored in water where other vessels normally

navigate on both sides of the barge, lights shall be placed to mark the

corner extremities of the barge.

(3) On barges moored in group formation, moored in water where

other vessels normally navigate on both sides of the barge, lights

shall be placed to mark the corner extremities of the barge.

(d) The following are exempt from the requirements of this section:

(1) A barge or group of barges moored in a slip or slough used

primarily for mooring purposes;

(2) A barge or group of barges moored behind a pierhead; and

(3) A barge less than 20 meters in length when moored in a special

anchorage area designated in accordance with Sec. 109.10 of this

chapter.

* * * * *

PART 90--INLAND RULES: INTERPRETATIVE RULES

17. The authority citation for part 90 continues to read as

follows:

Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).

18. Section 90.5 is added to read as follows:

Sec. 90.5 Lights for moored vessels.

A ``vessel at anchor'' includes a vessel made fast to one or more

mooring buoys or other similar device attached to the bottom. Such

vessels shall be lighted as a vessel at anchor, in accordance with Rule

30, except that barges, unless otherwise authorized by the Coast Guard

Captain of the Port (COTP), shall show the lights prescribed in 33 CFR

88.13.

19. Section 90.7 is added to read as follows:

Sec. 90.7 Sidelights for unmanned barges.

An unmanned barge complies with Rule 24 of the Inland Rules even if

it is unable to meet the technical vertical sector requirements for

sidelights as prescribed in Annex I of the Inland Rules (Sec. 84.19 (a)

and (c) of this chapter), if the sidelights meet all other technical

requirements of the Inland Rules, such as requirements for luminous

intensity and arc of visibility.

Dated: July 12, 1994.

G.A. Penington,

Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and

Waterway Services.

[FR Doc. 94-17532 Filed 7-19-94; 8:45 am]

BILLING CODE 4910-14-M