§ 175.110 Visual distress signals required.

(a) 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 § 175.130 or the alternatives in § 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.

(b) 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 § 175.130 or § 175.135, in the number required, are on board.

§ 175.113 Launchers.

(a) When a visual distress signal carried to meet the requirements of § 175.110 requires a launcher to activate, then a launcher approved under 46 CFR 160.028 must also be carried.

§ 175.115 Exceptions.

The following persons need not comply with § 175.110; however, each must carry on board visual distress signals suitable for night use, selected from the list in § 175.130 or § 175.135, in the number required, between sunset and sunrise:

(a) A person competing in any organized marine parade, regatta, race, or similar event;

(b) A person using a manually propelled boat; or

(c) A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26' in length.

§ 175.120 Stowage.

(a) No person may use a boat unless the visual distress signals required by § 175.110 are readily accessible.

§ 175.125 Serviceability.

(a) No person may use a boat unless each signal required by § 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.

§ 175.128 Marking.

(a) No person may use a boat unless each signal required by § 175.110 is legibly marked with the approval number or certification statement as specified in 46 CFR Parts 160 and 161.

§ 175.130 Visual distress signals accepted.

(a) Any of following signals, when carried in the number required, can be used to meet the requirements of § 175.110.

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1

No person may operate a boat built after July 31, 1980, that has a gasoline engine for electrical generation, mechanical power, or propulsion unless it is equipped with an operable ventilation system that meets the requirements of 33 CFR 183.610 (a), (b), (d), (e), and (f) and 183.620(a).

(46 U.S.C. 1454, 1455, 49 CFR 1.46(n)(1))
[CGD 76-082, 44 FR 73027, Dec. 17, 1979]

§ 177.01 Purpose and applicability.

This part prescribes rules to implement section 13 of the Federal Boat Safety Act of 1971 which governs the correction of especially hazardous conditions on boats using waters subject to the jurisdiction of the United States and on the high seas beyond the territorial seas for boats owned in the United States, except operators of

(a) Foreign boats temporarily using waters subject to United States jurisdiction;

(b) Military or public boats of the United States, except recreationaltype public boats;

(c) A boat whose owner is a State or subdivision thereof, which is used principally for governmental purposes and which is clearly identifiable as such;

(d) Ship's lifeboats.

§ 177.03

Definitions.

As used in this part:

(a) "Act" means the Federal Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451, et seq.).

(b) "Boat" means any vessel(1) Manufactured or used primarily for noncommercial use; or

(2) Leased, rented, or chartered to another for the latter's noncommercial use; or

(3) Engaged in the carrying of six or fewer passengers.

(c) "Coast Guard Boarding Officer" means a commissioned, warrant, or petty officer of the Coast Guard having authority to board any vessel under the Act of August 4, 1949, 63 Stat. 502, as amended (14 U.S.C. 89).

(d) "Operator" means the person who is in control or in charge of a boat while it is in use.

(e) "Use" means operate, navigate, or employ.

(f) "Vessel" includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.

§ 177.05 Action to correct an especially hazardous condition.

An operator of a boat who is directed by a Coast Guard Boarding Officer

§ 177.07

Other unsafe conditions.

For the purpose of section 13 of the Act, "other unsafe condition" means a boat

(a) Does not display the navigation lights prescribed by 46 CFR Subpart 25.05 between sunset and sunrise;

(b) Has fuel leakage from either the fuel system or engine;

(c) Has an accumulation of fuel in the bilges or a compartment other than a fuel tank;

(d) Does not meet the ventilation requirements for tanks and engine spaces prescribed by 46 CFR 25.40;

(e) Does not meet the requirements for backfire flame control prescribed by 46 CFR 25.35; or

(f) Is operated in a Regulated Boating Area as described in § 177.08 : when

(1) The wave height within the Regulated Boating Area is 4 feet or greater; or

(2) The wave height within the Regulated Boating Area is equal to or greater than the wave height determined by the formula

where:

L/10+F=W

L= Overall length of a boat measured in feet in a straight horizontal line along and parallel with the centerline between the intersections of this line with the vertical planes of the stem and stern profiles excluding deck houses and equipment. F=The minimum freeboard when measured in feet from the lowest point along the upper strake edge to the surface of the water.

W=Maximum wave height in feet to the nearest highest whole number; or

(3) The surface current is 4 knots or greater within the Regulated Boating Area.

(g) Designated manifestly unsafe for a specific voyage on a specific body of water due to:

(1) Unsuitable design or configuration, or

(2) Improper construction or inadequate material condition, or

(3) Improper or inadequate operational or safety equipment, and set forth in a regulation issued by a District Commander under the authority of 33 CFR 1.05-1(d).

[CGD 72-71R, 37 FR 13347, July 7, 1972]

NOTE: For amendments to § 177.07, see the List of CFR Sections Affected in the Finding Aids section in the back of this volume. § 177.08 Regulated boating areas.

For the purpose of this part the following are regulated boating areas.

(a) Quillayute River Entrance, Wash. From the west end of James Island 47°54′23′′ N., 124°39′05′′ W. southward to buoy No. 2 at 47°53′42′′ N., 124°38'42" W. eastward to the shoreline at 47°53′42′′ N., 124°37′51′′ W., thence northward along the shoreline to 47°54′29′′ N., 124°38′20′′ W. thence northward to 47°54′36′′ N., 124°38′22′′ W. thence westward to the beginning.

(b) Grays Harbor Entrance, Wash. From a point on the shoreline at 46° 59′00′′ N., 124°10′10′′ W. westward to 46°59′00′′ N., 124°15'30" W. thence southward to 46°51′00′′ N., 124°15'30" W. thence eastward to a point on the shoreline at 46°51'00" N., 124°06′40′′ W. thence northward along the shoreline to a point at the south jetty 46°54'20" N., 124°08′07′′ W. thence eastward to 46°54'10" N., 124°05'00" W. thence northward to 46°55′00′′ N., 124°03'30" W. thence northwestward to Damon Point at 46°56'50" N., 124°06'30" W. thence westward along the north shoreline of the harbor to the north jetty at 46°55'40" N., 124°10′27′′ W. thence northward along the shoreline to the beginning.

(c) Willapa Bay, Wash. From a point on the shoreline at 46°46′00′′ N., 124° 05'40" W. westward to 46°44′00′′ N., 124°10'45" W. thence southward to 46°35'00" N., 124°10'45" W. thence eastward to a point on the shoreline at 46°35′00′′ N., 124°03'45" W. thence northward along the shoreline around

the north end of Leadbetter Point thence southward along the east shoreline of Leadbetter Point to 46°36′00′′ N., 124°02′15′′ W. thence eastward to 46°36′00′′ N., 124°00′00′′ W. thence northward to Toke Point at 46°42'15" N., 123°58′00" W. thence westward along the north shoreline of the harbor and northward along the seaward shoreline to the beginning.

(d) Columbia River Bar, Wash.-Oreg. From a point on the shoreline at 46°18′00′′ N., 124°04′39′′ W. thence westward to 46°18′00′′ N., 124°09′30′′ W. thence southward to 46°12′00′′ N., 124°09′30′′ W. thence eastward to a point on the shoreline at 46°12′00′′ N., 123° 59′33′′ W. thence eastward to Tansy Point Range Front Light at 46°11′16′′ N., 123°55′05′′ W.; thence northward to Chinook Point at 46°15′08′′ N., 123°55'25" W. thence northwestward to the north end of Sand Island at 46°17′29′′ N., 124°01′25′′ W. thence southwestward to a point on the north shoreline of the harbor at 46°16′25′′ N., 124°02′28′′ W. thence northwestward and southwestward along the north shoreline of the harbor and northward along the seaward shoreline to the beginning.

(e) Nehalem River Bar, Oreg. From a point on the shoreline 45°41′25′′ N., 123°56′16′′ W. thence westward 45°41′25′′ N., 123°59′00′′ W. thence southward to 45°37′25′′ N., 123°59′00′′ W. thence eastward to a point on the shoreline at 45°37′25′′ N., 123°56′38′′ W. thence northward along the shoreline to the north end of the south jetty at 45°39′40′′ N., 123°55'45" W. thence westward to a point on the shoreline at 45°39′45′′ N., 123°56'19" W. thence northward along the shoreline to the beginning.

(f) Tillamook Bay Bar, Oreg. From a point on the shoreline at 45°35′15′′ N., 123°57'05" W. thence westward 45°35'15" N., 124°00′00" W. thence southward to 45°30′00′′ N., 124°00′00′′ W. thence eastward to a point on the shoreline at 45°30'00" N., 123°57′40′′ W. thence northward along the shoreline to the north end of Kincheloe Point at 45°33'30" N., 123°56′05′′ W. thence northward to a point on the north shoreline of the harbor at 45°33′40′′ N., 123°55′59′′ W. thence westward along the north shoreline of the harbor then

northward along the seaward shoreline to the beginning.

(g) Netarts Bay Bar, Oreg. From a point on the shoreline at 45°28′05′′ N. thence westward to 45°28′05′′ N., 124°00′00′′ W. thence southward to 45°24'00" N., 124°00′00′′ W. thence eastward to a point on the shoreline at 45°24′00′′ N., 123°57′45′′ W. thence northward along the shoreline to 45°26′03′′ N., 123°57′15′′ W. thence eastward to a point on the north shoreline of the harbor at 45°26′00′′ N., 123°56′57′′ W. thence northward along the shoreline to the beginning.

(h) Siletz Bay Bar, Oreg. From a point on the shoreline at 44°56′32′′ N., 124°01′29′′ W. thence westward to 44°56′32′′ N., 124°03'00" W. thence southward to 44°54′40′′ N., 124°03′15′′ W. thence eastward to a point on the shoreline at 44°54'40" N., 124°01'55" W. thence northward along the shoreline to 44°55′35′′ N., 124°01'25" W. thence northward to a point on the north shoreline of the harbor at 44°55'45" N., 124°01′20′′ W. thence westward and northward along the shoreline to the beginning.

(i) Depoe Bay Bar, Oreg. From a point on the shoreline at 44°49'15" N., 124°04′00′′ W. thence westward to 44°49'15" N., 124°04'35" W. thence southward to 44°47′55′′ N., 124°04'55" W. thence eastward to a point on the shoreline at 44°47′53′′ N., 124°04′25′′ W. thence northward along the shoreline and eastward along the south bank of the entrance channel to the highway bridge thence northward to the north bank at the bridge thence westward along the north bank of the entrance channel and northward along the seaward shoreline to the beginning.

(j) Yaquina Bay Bar, Oreg. From a point on the shoreline at 44°38′11′′ N., 124°03'47" W. thence westward to 44°38'11" N., 124°05'55" W. thence southward to 44°35'15" N., 124°06'05" W. thence eastward to a point on the shoreline at 44°35'15" N., 124°04'02" W. thence northward along the shoreline and eastward along the south bank of the entrance channel to the highway bridge thence northward to the north bank of the entrance channel at the bridge thence westward along the north bank of the entrance channel

(k) Siuslaw River Bar, Oreg. From a point on the shoreline at 44°02′00′′ N., 1 124°08′00′′ W. thence westward to 44°02′00′′ N., 124°09'30" W. thence southward to 44°00′00′′ N., 124°09'30" W. thence eastward to a point on the shoreline at 44°00′00′′ N., 124°08′12′′ W. thence northward along the shoreline and southward along the west bank of the entrance channel to 44°00′35′′ N., 124°07'48" W. thence southeastward to a point on the east bank of the entrance channel at 44°00′20′′ N., 124°07′31′′ W. thence northward along the east bank of the entrance channel and northward along the seaward shoreline to the beginning.

(1) Umpqua River Bar, Oreg. From a point on the shoreline at 43°41′20′′ N., 124°11′58′′ W. thence westward to 43°41′20′′ N., 124°13′32′′ W. thence southward to 43°38′35′′ N., 124°14′25′′ W. thence eastward to a point on the shoreline at 43°38′35′′ N., 124°12′35′′ W. thence northward along the shoreline to the north end of the training jetty at 43°40'15" N., 124°11'45" W. thence northward to a point on the west bank I of the entrance channel at 43°40'40" EN., 124°11'41" W. thence southwestward along the west bank of the entrance channel thence northward along the seaward shoreline to the beginning.

N..

124°25′04′′ W. thence southwestward to 43°07′50′′ N., 124°27′05′′ W. thence southwestward to 43°07'03" 124°28′25′′ W. thence eastward to a point on the shoreline at 43°06′00′′ N., 124°25'55" W. thence northward along the shoreline and eastward along the south shoreline of the channel entrance to 43°07′17′′ N., 124°25′00′′ W. thence northward to the east end of the north jetty at 43°07'24" N., 124°24′59′′ W. thence westward along the north shoreline of the entrance channel and northward along the seaward shoreline to the beginning.

(m) Coos Bay Bar, Oreg. From a point on the shoreline at 43°22′15′′ N., = 124°19'34" W. thence westward to 143°22′20′′ N., 124°22′28′′ W. thence southwestward to 43°21'00" N., 124°23′35′′ W. thence southeastward to a point on the shoreline at 43°20′25′′ 1 N., 124°22′28′′ W. thence northward along the shoreline and eastward along the south shore of the entrance channel to a point on the shoreline at 43°20′52′′ N., 124°19′12′′ W. thence eastward to a point on the east shoreline of the harbor at 43°21'00" 124°18′50′′ W. thence northward to a point on the west shoreline of the harbor at 43°21′45′′ N., 124°19′10′′ W. thence south and west along the west shoreline of the harbor thence northward along the seaward shoreline to the beginning.

N.,

(n) Coquille River Bar, Oreg. From a point on the shoreline at 43°08′25′′ N.,

(0) Rogue River Bar, Oreg. From a point on the shoreline at 42°26′25′′ N., 124°26′03′′ W. thence westward to 42°26'10" N., 124°27'05" W. thence southward to 42°24′15′′ N., 124°27′05′′ W. thence eastward to a point on the shoreline at 42°24′15′′ N., 124°25′30′′ W. thence northward along the shoreline and eastward along the south shoreline of the entrance channel to the highway bridge thence northward across the inner harbor jetty to a point on the north shoreline of the entrance channel at the highway bridge thence westward along the north shoreline of the entrance channel thence northward along the seaward shoreline to the beginning.

(p) Chetco River Bar, Oreg. From a point on the shoreline at 42°02′35′′ N., 124°17′20′′ W. thence southeastward to 42°01′45′′ N., 124°16'30" W. thence northwestward to a point on the shoreline at 42°02′10′′ N., 124°15′35′′ W. thence northwestward along the shoreline thence northward along the east shoreline of the channel entrance to 42°02′47′′ N., 124°16'03" W. thence northward along the west face of the inner jetty and east shoreline of the channel entrance to the highway bridge thence westward to the west shoreline of the channel at the highway bridge thence southward along the west shoreline of the channel thence westward along the seaward shoreline to the beginning.

[CGD 73-41R, 39 FR 2583, Jan. 23, 1974]

§ 177.09 Penalties.

An operator of a boat who does not follow the directions of a Coast Guard Boarding Officer prescribed in § 177.05