33 CFR Ch. I (7–1–20 Edition)
Pt. 165 33 CFR Ch. I (7–1–20 Edition) maintain operative the navigational- eration in the area to be transited. safety equipment required by § 164.72. Failure of redundant navigational-safe- (b) Failure. If any of the navigational- ty equipment, including but not lim- safety equipment required by § 164.72 ited to failure of one of two installed fails during a voyage, the owner, mas- radars, where each satisfies § 164.72(a), ter, or operator of the towing vessel does not necessitate either a deviation shall exercise due diligence to repair it or an authorization. at the earliest practicable time. He or (1) The initial notice and request for she shall enter its failure in the log or a deviation and an authorization may other record carried on board. The fail- be spoken, but the request must also be ure of equipment, in itself, does not written. The written request must ex- constitute a violation of this rule; nor plain why immediate repair is imprac- does it constitute unseaworthiness; nor ticable, and state when and by whom does it obligate an owner, master, or the repair will be made. operator to moor or anchor the vessel. (2) The COTP, upon receiving even a However, the owner, master, or oper- spoken request, may grant a deviation ator shall consider the state of the and an authorization from any of the equipment—along with such factors as provisions of §§ 164.70 through 164.82 for weather, visibility, traffic, and the dic- a specified time if he or she decides tates of good seamanship—in deciding that they would not impair the safe whether it is safe for the vessel to pro- ceed.
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