Pt. 207 33 CFR Ch. II (7–1–20 Edition)

sponsor will vary according to organi- west Passes; use, administration, and zation and other circumstances. navigation. 207.249 Ouachita and Black Rivers, Ark. and La., Mile 0.0 to Mile 338.0 (Camden, Ark.) PART 207—NAVIGATION above the mouth of the Black River; the REGULATIONS Red River, La., Mile 6.7 (Junction of Red, Atchafalaya and Old Rivers) to Mile 276.0 Sec. (Shreveport, La.); use, administration, 207.9 Mystic River, Mass.; dam of Common- and navigation. wealth of Massachusetts, Metropolitan 207.260 Yazoo Diversion Canal, Vicksburg, District Commission. Miss., from its mouth at Kleinston Land- 207.10 Charles River, Mass.; dam of Charles ing to Fisher Street; navigation. River Basin Commission. 207.270 Tallahatchie River, Miss., between 207.20 Cape Cod Canal, Mass.; use, adminis- Batesville and the mouth; logging. tration, and navigation. 207.275 McClellan-Kerr Arkansas River navi- gation system: use, administration, and 207.50 Hudson River Lock at Troy, N.Y.; navigation. navigation. 207.300 Ohio River, Mississippi River above 207.60 Federal Dam, Hudson River, Troy, Cairo, Ill., and their tributaries; use, ad- N.Y.; pool level. ministration, and navigation. 207.100 Inland waterway from Delaware 207.306 Missouri River; administration and River to Chesapeake Bay, Del. and Md. navigation. (Chesapeake and Delaware Canal); use, 207.310 Mississippi River at Keokuk, Iowa; administration, and navigation. operation of power dam by Mississippi 207.160 All waterways tributary to the At- River Power Co. lantic Ocean south of Chesapeake Bay 207.320 Mississippi River, Twin City Locks and all waterways tributary to the Gulf and Dam, St. Paul and Minneapolis, of Mexico east and south of St. Marks, Minn.; pool level. Fla.; use, administration, and naviga- 207.330 Mississippi River between tion. Winnibigoshish and Pokegama dams, 207.169 Oklawaha River, navigation lock Leech River between outlet of Leech and dam at Moss Bluff, Fla.; use, admin- Lake and Mississippi River, and istration and navigation. Pokegama reservoir; logging. 207.170 Federal Dam, Oklawaha River, Moss 207.340 Reservoirs at headwaters of the Mis- Bluff, Fla.; pool level. sissippi River; use and administration. 207.170a Eugene J. Burrell Navigation Lock 207.350 St. Croix River, Wis. and Minn. in Haines Creek near Lisbon, Florida; 207.360 Rainy River, Minn.; logging regula- use, administration, and navigation. tions for portions of river within juris- 207.170b Apopka-Beauclair Navigation Lock diction of the United States. in Apopka-Beauclair Canal in Lake 207.370 Big Fork River, Minn.; logging. County, Fla.; use, administration, and 207.380 Red Lake River, Minn.; logging regu- navigation. lations for portion of river above Thief 207.170c Kissimmee River, navigation locks River Falls. between Lake Tohopekaliga and Lake 207.390 [Reserved] Okeechobee, Fla.; use, administration, 207.420 Chicago River, Ill.; Sanitary District and navigation. controlling works, and the use, adminis- 207.170d Taylor Creek, navigation lock (S– tration, and navigation of the lock at the 193) across the entrance to Taylor Creek mouth of river, Chicago Harbor. at Lake Okeechobee, Okeechobee, Fla.; 207.425 Calumet River, Ill.; Thomas J. use, administration, and navigation. O’Brien Lock and Controlling Works and 207.175a Carlson’s Landing Dam navigation the use, administration and navigation lock, Withlacoochee River, Fla.; use, ad- of the lock. ministration, and navigation. 207.440 St. Marys Falls Canal and Locks, 207.180 All waterways tributary to the Gulf Mich.; use, administration, and naviga- of Mexico (except the Mississippi River, tion. its tributaries, South and Southwest 207.441 St. Marys Falls Canal and Locks, Passes and the Atchafalaya River) from Mich.; security. St. Marks, Fla., to the Rio Grande; use, 207.460 Fox River, Wis. administration, and navigation. 207.470 Sturgeon Bay and Lake Michigan 207.185 Taylors Bayou, Tex., Beaumont Ship Canal, Wis.; use and navigation. Navigation District Lock; use, adminis- 207.476 The Inland Route—lock in Crooked tration and navigation. River, Alanson, Mich.; use, administra- 207.187 Gulf Intracoastal Waterway, Tex.; tion, and navigation. special floodgate, lock and navigation 207.480 Lake Huron, Mich.; Harbor of refuge, regulations. Harbor Beach; use and navigation. 207.200 Mississippi River below mouth of 207.560 Sandusky Harbor, Ohio; use, admin- Ohio River, including South and South- istration, and navigation.

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207.565 Vermilion Harbor, Ohio; use, admin- exact draft of water at such portions of istration, and navigation. the vessel. Gages set into the walls or 207.570 Harbors of Huron, Lorain, Cleveland, the locks, both upstream and down- Fairport, Ashtabula, Conneaut, Ohio; stream of each gate, indicate the depth use, administration, and navigation. 207.580 Buffalo Harbor, N.Y.; use, adminis- in feet of water over the sill of the tration, and navigation. gate. 207.590 Black Rock Canal and Lock at Buf- (d) Vessels denied lockage. The super- falo, N.Y.; use, administration and navi- intendent may deny passage through gation. the locks to any craft with sharp, 207.600 Rochester (Charlotte) Harbor, N.Y.; rough projecting corners, overhanging use, administration, and navigation. equipment or cargo, or any craft or two 207.610 St. Lawrence River, Cape Vincent Harbor, N.Y.; use, administration, and that is in sinking condition or in any navigation of the harbor and U.S. break- way unseaworthy or insufficiently water. manned and equipped, or any craft fail- 207.640 Sacramento Deep Water Ship Chan- ing to comply with the regulations in nel Barge Lock and Approach Canals; this section or with any orders given in use, administration, and navigation. pursuance thereof. 207.680 Willamette River, Oreg.; use, admin- (e) Protection of lock gates. (1) In no istration, and navigation of canal and case shall boats be permitted to enter locks at Willamette Falls, Oreg. 207.718 Navigation locks and approach chan- or leave any of the locks until directed nels, Columbia and Snake Rivers, Oreg. to do so by the superintendent. Boats and Wash. shall not be permitted to enter or start 207.750 Puget Sound Area, Wash. to leave until the lock gates are at rest 207.800 Collection of navigation statistics. within the gate recesses. All persons, AUTHORITY: 33 U.S.C. 1; 33 U.S.C. 555; 28 whether in charge of vessels or not, are U.S.C. 2461 note. prohibited from willfully or carelessly damaging the locks or any of the ap- § 207.9 Mystic River, Mass.; dam of purtenances or the grounds adjacent Commonwealth of Massachusetts, thereto, and from throwing or allowing Metropolitan District Commission. any material of any kind to fall from (a) Definition and authority of super- the barge, scow or other vessel into the intendent. The term superintendent as locks. used in the regulations in this section (2) No person shall permit or suffer shall mean himself and/or his personnel any vessel, scow, raft, or float to come then on duty at the dam. The posi- in contract with any gate or any of the tioning and movements of all locks of the Amelia Earhart Dam. watercraft of every description while in (f) Damage to walls. The sides of all the locks or within 100 yards of the craft passing through the locks must locks or dam shall be subject to the di- be free from projection of any kind rection of the superintendent whose or- which might injure the lock walls. All ders must be obeyed. This order does craft must be provided with suitable not relieve the master of the responsi- fenders. One or more men as the super- bility for the safety of his vessel. intendent may direct shall be kept at (b) Description of locks. There are the head of every tow until it has three (3) locks to be used for the pas- cleared the lock and guide walls, and sage of vessels; one large lock 325 feet shall protect the walls by use of the long, 45 feet wide, shall be used for ves- fenders. sels with draft up to seventeen (17) (g) Unnecessary delay at locks. No per- feet; two small locks each 120 feet long son shall cause or permit any craft of and 22 feet wide shall be used for boats which he is in charge to remain in the up to six (6) feet draft. locks or their approaches for a longer (c) Maximum draft. Vessels drawing period of time than is necessary for the within six (6) inches of depth over the passage of the locks unless he is espe- sills shall not be permitted lockage ex- cially permitted to do so by the super- cept under special permission of the su- intendent, and if such craft is, in the perintendent. Every vessel using the opinion of such superintendent, in a po- locks and drawing more than ten (10) sition to obstruct navigation, it shall feet shall be accurately and distinctly be removed at once as requested or di- marked at bow and stern showing the rected by the superintendent.

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(h) Procedure at locks. The locks shall check the way on any vessel greater be operated promptly for the passage of than 30 gross tons. all craft upon signal, excepting only in (4) Vessels less than 30 gross tons such cases as are specifically provided may fasten lines to the floating moor- for in the regulations in this section. ings in the large or small locks. All All registered merchant vessels shall persons shall keep off the floating pass through the locks in the order di- moorings at all times. rected by the superintendent. Other (5) No line shall be attached to any- craft shall be allowed to pass through thing on or a part of the dam except the locks at the discretion of the super- the fixtures provided for this purpose. intendent. (6) Equipment of each craft shall in- (i) Navigation of the locks. (1) All clude a sufficient bow line and stern barges navigating the locks whether line. approaching or leaving the locks are (j) Mooring. When a craft is in posi- required to be assisted by one or more tion in the lock, it shall be securely tugs of sufficient power to insure full fastened in a manner satisfactory to control at all times. All craft ap- the superintendent to prevent the craft proaching the locks while any other moving about while the lock is being vessel going in the opposite direction is filled or emptied, and the lines, cables, in or about to enter shall be stopped or hawsers used for this purpose shall where they will not obstruct the free be attended as far as is necessary or re- passage of such other vessel. quired while the filling or empting is in progress. (2) All vessels over 100 gross tons in- (k) [Reserved] cluding those which are accompanied (l) Signals. (1) All craft desiring lock- by towboats must attach not less than age shall, on approaching the locks, two good and sufficient lines, cables, or signal by two long and two short blasts hawsers to the bollards or other fix- of a whistle or other sound device. Two tures provided for the purpose to check long blasts from the lock in reply will the speed of the vessel and to stop it as indicate a delayed opening and direct soon as it has gone far enough to per- the craft not to enter the lock. mit the lock gate behind it to be (2) Lights are located at each end of closed. Each line, cable, or hawser shall each lock and will normally show red. be attended on board while passing into No vessel shall come within 100 feet of the lock by one or more of the vessel’s the outside of any gate when the signal crew. Where vessels are so long that in is red except when so directed by the order to get them wholly within the superintendent. locks it is necessary to go within 100 (3) Fireboats and craft owned by the feet of the lock gate ahead, the speed of U.S. Government shall be given prompt the vessel must be slow and the vessel and preferential lockage when they must be fully under control at all sound four long blasts. times by the lines, cables or hawsers. (4) No vessel shall move into or out of All towboats and vessels less than 100 any lock until the controlling signal is gross tons may enter the locks without green. A green light in addition to having lines out subject to the discre- audio loud speakers, operated by the tion of the superintendent. The master superintendent or his assistants, will or person in charge of a vessel shall ar- direct craft through the locks. range to have any line, cable, or haw- (5) It shall be the duty of every mas- ser handed or thrown from the lock ter or person in charge of any vessel to walls by the superintendent, or his as- ascertain by personal observation that sistants, made fast on the vessel as re- the lock gate is fully open before pro- quested or directed, so that in cases of ceeding. emergency such line, cable, or hawser (m) Operating machinery. Lock em- may also be used to check the speed of ployees only shall be permitted to op- and stop the vessel. erate the lock gates, signals or other (3) Operators of vessels less than 200 appliances. No person shall deface or gross tons may use the floating moor- injure any part of the Amelia Earhart ings in the large lock to fasten lines or Dam, or any pier, wall or other struc- hawsers, but they shall not be used to ture or any mechanism connected

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therewith; nor shall any person, with- lashed to prevent their falling into the out the consent of the superintendent, lock and interfering with the gates. make fast to the dam, guard, guide (e) All vessels approaching the lock wall, pier, or any appurtenance thereof while any other vessel going in the op- any vessel, scow, raft, or float. posite direction is in or about to enter (n) Vessel to carry regulations. A copy it shall be stopped where they will not of the regulations in this section shall obstruct the free passage of such other be kept at all times on board each ves- vessel. sel regularly engaged in navigating the (f) It shall be the duty of every mas- locks. Copies may be obtained without ter or person in charge of any vessel charge from the superintendent; the upon approaching the lock from the up- Commonwealth of Massachusetts, stream end to ascertain by personal ob- M.D.C. Parks Division, Boston, Mass.; servation whether or not the upper New England Division, Corps of Engi- lock gate is open, and a vessel shall not neers, Division Engineer, Waltham, be permitted to come within 100 feet of Mass. the upper lock gate until the gate has [32 FR 8716, June 17, 1967, as amended at 56 been wholly withdrawn into its recess. FR 13764, Apr. 4, 1991] (g) All towboats, whether towing or not, and other steam vessels of less § 207.10 Charles River, Mass.; dam of than 100 tons gross may enter the lock Charles River Basin Commission. under their own power and without (a) The movements of all vessels or having lines out, but all other vessels, boats in and near the lock shall be including those which are accompanied under the direction of the super- by towboats, must attach not less than intendent in charge of these structures two good and sufficient lines, cables, or and his assistants, whose orders and hawsers to the bollards or other fix- signals shall be obeyed. tures provided for the purpose to check (b) Every vessel using the lock and the speed of the vessel and to stop it as drawing more than 10 feet shall be ac- soon as it has gone far enough to per- curately and distinctly marked at the mit the lock gate behind it to be bow and stern, showing the exact draft closed, and each line, cable, or hawser of water at such portions of the vessel. shall be attended on board while pass- (c) All steam vessels desiring to pass ing into the lock by one or more of the through the lock shall signal for the vessel’s crew. Where vessels are so long same by two long and two short blasts that in order to get them wholly with- of the whistle. in the lock it is necessary to approach (d)(1) All vessels passing through the within 150 feet of the lock gate ahead, lock shall have their outboard spars, if the speed of the vessel must be slow any, rigged in, and booms amidships, and fully under control by the lines, and secured. All standing and running cables, or hawsers. Steam vessels of rigging must be triced in to keep it more than 100 tons gross, not including from blowing out and fouling the draw- towboats, will not be permitted to turn bridge. Every vessel of 200 tons and their propellers on entering the lock under shall be provided with at least after the bow of the vessel has entered, two, and every vessel of more than 200 but will be drawn in by means of cap- tons shall be provided with at least stans on the lock walls or otherwise, four good and sufficient lines, cables, and their speed must be checked and or hawsers. Anchors shall either be the vessel stopped by lines, cables, or stowed or shall hang from hawse pipes, hawsers as in other cases. All steam hauled up close, clear of the water if vessels may leave the lock under their possible. Vessels with anchors under own power. The master or person in foot or hanging from catheads will not charge of a vessel shall arrange to have be permitted to enter the lock. any line, cable, or hawser handed or (2) All vessels must be sufficiently thrown from the lock walls by the su- manned and must have a sufficient perintendent or his assistants, made number of round and fore-and-aft fend- fast on the vessel as requested or di- ers to protect the lock from injury. All rected, so that in cases of emergency heavy rope fenders must be securely such line, cable, or hawser may also be

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used to check the speed of and stop the upon signal excepting only in such vessel. cases as are specifically provided for in (h) When a vessel is in position in the this section. lock it shall be securely fastened in a [Regs., May 6, 1909] manner satisfactory to the super- intendent, or his assistant in charge of § 207.20 Cape Cod Canal, Mass.; use, the lock at the time, to prevent the administration, and navigation. vessel from moving about while the (a) Limit of Canal. The canal, includ- lock is being filled or emptied, and the ing approaches, extends from the Canal lines, cables, and hawsers used for this Station Minus 100 in Cape Cod Bay, ap- purpose shall be attended as far as is proximately one and six-tenths (1.6) necessary or required while the filling statute miles seaward of the Canal or emptying is in progress. Breakwater Light, through dredged (i) No vessel which has iron or irons channels and land cuts to Cleveland projecting from it or lumber or other Ledge Light in Buzzards Bay approxi- cargo projecting over its sides shall mately four (4) statute miles southwest enter the lock, except at such time and of Wings Neck. with such precautions to prevent dam- (b) Supervision. (1) The movement of age to the lock or its appurtenances as ships, boats and craft of every descrip- the superintendent, or the assistant in tion through the canal and the oper- charge of the lock at the time, may re- ation and maintenance of the water- quire. way and all property of the United (j) All persons, whether in charge of States pertaining thereto shall be vessels or not, are prohibited from will- under the supervision of the Division fully or carelessly damaging the lock, Engineer, U.S. Army Engineer Divi- any of its appurtenances or the sion, New England, Corps of Engineers, grounds adjacent thereto, and from Waltham, Massachusetts, or the au- throwing any material of any kind into thorized representative of the division the lock. No line shall be attached to engineer, the Engineer-In-Charge of the anything except the bollards and other Cape Cod Canal. The division engineer fixtures provided for the purpose. or the Engineer-In-Charge from time to (k) Upon each passage through the time will prescribe rules governing the lock, the master or clerk of a vessel dimensions of vessels which may tran- shall make a statement of the kind and sit the waterway, and other special tonnage of the freight carried. conditions and requirements which will (l) No person shall cause or permit govern the movement of vessels using any vessel or boat of which he is in the waterway. charge to remain in the lock or its ap- (2) The Engineer-In-Charge, through proaches for a longer time than is nec- the marine traffic controller on duty, essary for the passage of the lock, un- will enforce these regulations and mon- less he is especially permitted to do so itor traffic through the canal. The ma- by the superintendent or the assistant rine traffic controller on duty is the in- in charge of the lock at the time, and dividual responsible for interpretation if such vessel or boat is, in the opinion of these regulations with respect to of such superintendent or assistant, in vessels transiting the canal. Vessels a position to obstruct navigation it transiting the canal must obey the or- shall be removed at once as requested ders of the marine traffic controller. or directed by such superintendent or (3) The government has tugs sta- assistant. tioned at the West Boat Basin for (m) All registered merchant vessels emergency use on an on-call basis. A shall pass through the lock in the order patrol vessel is manned and oper- directed by the superintendent or the ational 24-hours a day. assistant in charge of the lock at the (c) Communications. There is a marine time. Unregistered craft will not be al- traffic controller on duty 24 hours a lowed to pass through the lock sepa- day, seven days a week, in the traffic rately unless especially permitted by control center located at the Canal Ad- such superintendent or assistant. ministrative Office. The primary meth- (n) The lock shall be operated od of communications between the promptly for the passage of all vessels canal and vessels transiting will be by

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VHF-FM Marine radio. The traffic con- safe handling of the tows. No towboat troller can also be contacted by tele- will be allowed to enter the waterway phone. with more than two barges in tow un- (1) For radio communications, call less prior approval is granted by the the traffic controller on channel 16 to Engineer-In-Charge; requests must be establish contact. The transmissions submitted 12 hours in advance of the will then be switched to channel 12 or passage. 14 as the working channel to pass infor- (2) The maximum length of pontoon mation. Channel 13 is also available at rafts using the canal will be limited to the canal office; however, the use of 600 feet, and the maximum width to 100 channel 13 should be limited to emer- feet. Pontoon rafts exceeding 200 feet gency situations or whenever vessels in length will be required to have an do not have one of the other channels. additional tug on the stern to insure All four channels are monitored con- that the tow is kept in line. The tugs tinuously by the traffic controller. used must have sufficient power to Radio discipline will be adhered to in handle the raft safely. accordance with FCC rules and regula- (3) Dead ships are required to transit tions. the canal during daylight hours and (2) For telephone communications must be provided with the number of with the traffic controller, call (617) tugs sufficient to afford safe passage 759–4431. through the canal. (A dead ship will (3) Vessels shall maintain a radio not be allowed to enter the canal un- guard on Marine VHF-FM channel 13 less prior approval is granted by the during the entire passage through the Engineer-In-Charge; requests must be canal. submitted 12 hours in advance of the (4) All radio communications in the passage). vicinity of the canal are tape recorded (f) Dangerous cargoes. The master or for future reference. pilot of any vessel or tow carrying dan- (d) Vessels allowed passage. The canal gerous cargoes must notify the Marine is open for passage to all adequately powered vessels properly equipped and Traffic Controller prior to entering the seaworthy, of sizes consistent with safe canal. Dangerous cargoes are defined as navigation as governed by the control- those items listed in 33 CFR 126.10 ling depths and widths of the channel when carried in bulk (i.e., quantities and the vertical and horizontal clear- exceeding 110 U.S. gallons in one tank) ances of the bridges over the waterway. plus Class A explosives (commercial or The granting of permission for any ves- military) as listed in 49 CFR 173.53 sel to proceed through the waterway (commercial) and 46 CFR 146.29–100 shall not relieve the owners, agents (military), liquified natural gas and and operators of full responsibility for liquified petroleum gas. Transpor- its safe passage. No vessel having a tation of dangerous cargoes through greater draft forward than aft will be the canal shall be in strict accordance allowed to transit the canal. Craft of with existing regulations prescribed by low power and wind driven are required law. In addition, vessels carrying dan- to have and use auxiliary power during gerous cargoes shall comply with the passage throughout the canal as de- following requirements. fined in paragraph (a) of this section. (1) They must have sufficient horse- Low powered vessels will be required to power to overcome tidal currents or await slack water or favorable current they will be required to wait for favor- for canal transit. able current conditions. (e) Tows. (1) Tows shall be made-up (2) Transits will be during daylight outside the canal entrances. All vessels hours. engaged in towing other vessels not (3) No transit will be permitted when equipped with a rudder shall use two visibility conditions are unstable or lines or a bridle and one tow line. If the less than 2 miles at the approaches and vessel in tow is equipped with a rudder throughout the entire length of the or a ship shaped bow, one tow line may canal. be used. All tow lines of hawsers must (4) Transits must await a clear canal be hauled as short as practicable for for passage.

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(g) Obtaining clearance. (1) Vessels been obtained from the marine traffic under 65 feet in length may enter the controller. canal without obtaining clearance. All (h) Traffic lights. There are three sets craft are required to make a complete of traffic lights showing red, green, and passage through the canal except ex- yellow that are operated on a contin- cursion craft which may operate and uous basis at the canal. The traffic change direction within the canal in lights apply to all vessels 65 feet in accordance with procedures coordi- length and over. The traffic lights are nated with the marine traffic con- a secondary system that is operated in troller on duty. When the railroad support of the radio communications bridge span is in the closed (down) posi- system. The traffic lights are located tion, all vessels are directed not to pro- at the easterly canal entrance, Sand- ceed beyond the points designated by wich, and at the westerly entrance to stop signs posted east and west of the Hog Island Channel at Wings Neck. A railroad bridge. Vessels proceeding third traffic light is located at the with a fair tide (with the current) Canal Electric Terminal basin on the should turn and stem the current at south side of the canal in Sandwich, the designated stop points until the and applies only to vessels arriving and railroad bridge is in the raised (open) departing that terminal. position. (1) Westbound traffic. When the green (2) Vessels 65 feet in length and over light is on at the eastern (Cape Cod shall not enter the canal until clear- Bay) entrance, vessels may proceed ance has been obtained from the ma- westward through the canal. When the rine traffic controller by radio. See red light is on, any type of vessel 65 paragraph (c) ‘‘Communications’’ for feet in length and over must stop clear procedures. If a vessel, granted prior of the Cape Cod Bay entrance channel. clearance, is delayed or stops at the When the yellow light is on, vessels 65 mooring basins, state pier, or the Sand- feet in length and over and drawing wich bulkhead, a second clearance less than 25 feet may proceed as far as must be obtained prior to continuing the East Mooring Basin where they passage through the canal. must stop. Prior to continuing passage (3) Vessels will be given clearance in through the canal, clearance must be the order of arrival, except when condi- obtained from the marine traffic con- tions warrant one-way traffic, or for troller. any reason an order of priority is nec- (2) Eastbound traffic. When the green essary, clearance will be granted in the light is on at Wings Neck, vessels may following order. proceed eastward through the canal. (i) First—To vessels owned or oper- When the red light is on, vessels 65 feet ated by the United States, including and over in length and drawing less contractors’ equipment employed on than 25 feet must keep southerly of canal maintenance or improvement Hog Island Channel Entrance Buoys work. Nos. 1 and 2 and utilize the general an- (ii) Second—To passenger vessels. chorage areas adjacent to the improved (iii) Third—To tankers and barges channel. Vessel traffic drawing 25 feet docking and undocking at the Canal and over are directed not to enter the Electric Terminal. canal channel at the Cleveland Ledge (iv) Fourth—To merchant vessels, Light entrance and shall lay to or an- towboats, commercial fishing vessels, chor in the vicinity of Buzzards Bay pleasure boats and miscellaneous craft. Buoy No. 11 (FLW & Bell) until clear- (4) Procedures in adverse weather: ance is granted by the canal marine Vessels carrying flammable or combus- traffic controller or a green traffic tible cargoes as defined in 46 CFR 30.25 light at Wings Neck is displayed. When will be restricted from passage through the yellow light is on, vessels may pro- the canal when visibility is less than 1⁄2 ceed through Hog Island Channel as far mile. Other vessels may transit the as the West Mooring Basin where they canal in thick weather by use of radar must stop. Prior to continuing passage with the understanding that the U.S. through the canal, clearance must be Government will assume no responsi- obtained from the marine traffic con- bility: And provided, That clearance has troller.

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(i) Railroad Bridge Signals. The fol- portion of the canal between stations lowing signals at the Buzzards Bay 35 and 661, within the period of one-half Railroad Bridge will be given strict at- hour before or after the predicted time tention. of slack water as given in the National (1) The vertical lift span on the rail- Ocean Survey publication ‘‘Current Ta- road bridge is normally kept in the bles, Atlantic Coast, North America.’’ raised (open) position except when it is The minimum running time during a lowered for the passage of trains, or for head tide or a fair tide shall apply to maintenance purposes. Immediately any vessel which enters that portion of preceding the lowering of the span, the the canal between Station 35 and 661 at operator will sound two long blasts of any time other than designated above an air horn. Immediately preceding the for time requirements at slack tide. raising of the span, the operator will Vessels of any kind unable to make a sound one long blast of an air horn. through transit of the land cut portion When a vessel or craft of any type is of the canal against a head current of approaching the bridge with the span 6.0 knots within a maximum time limit in the down (closed) position and the of 2 hours 30 minutes shall be required span cannot be raised immediately, the to obtain the assistance of a helper tug operator of the bridge will so indicate at the vessel owner’s expense or await by sounding danger signals of four favorable tide conditions prior to re- short blasts in quick succession. ceiving clearance from the marine traf- (2) When the lift span is in the down fic controller. In the event vessels (closed) position in foggy weather or within the confines of the canal fail to when visibility is obscured by vapor, perform and are unable to make suffi- there will be four short blasts sounded cient headway against the currents, from the bridge every two minutes. the marine traffic controller may acti- (j) Speed. All vessels are directed to vate a helper tug in accordance with pass mooring and boat basin facilities, paragraph (k) of this section. the state pier, and all floating plant (k) Management of vessels. (1) Vessels engaged in maintenance operations of within the limits of the canal shall the waterway at a minimum speed con- comply with applicable navigation sistent with safe navigation. In order rules. to coordinate scheduled rail traffic (2) Vessels within the limits of the with the passage of vessels, to mini- canal shall comply with the applicable mize erosion of the canal banks and requirements for the use of pilots es- dikes from excessive wave wash and tablished by the Coast Guard, includ- suction, and for the safety of vessels ing but not limited to those contained using the canal, the following speed in 46 CFR 157.20–40. Vessels will not be regulations must be observed by ves- granted clearance to enter the canal sels of all types, including pleasure until the marine traffic controller has craft. The minimum running time for been notified of the name of the pilot the land cut between the East Mooring who will be handling the vessel. Basin (Station 35) and the Administra- (3) The master of a vessel will be re- tion Office in Buzzards Bay (Station sponsible for notifying the marine traf- 388) is prescribed as follows: fic controller as soon as an emergency Head Tide—60 Minutes situation appears to be developing. Fair Tide—30 Minutes When in the opinion of the marine traf- Slack Tide—45 Minutes fic controller an emergency exists, he/ The minimun running time between she can require the master to accept the Administration Office (Station 388) the assistance of a helper vessel. and Hog Island Channel westerly en- Whether or not assistance is provided trance Buoy No. 1 (Station 661) is pre- by a government vessel or by a private scribed as follows: firm under contract to the government, the government reserves the right to Head Tide—46 Minutes seek compensation from the vessel Fair Tide—23 Minutes Slack Tide—35 Minutes owners for all costs incurred. (4) Right-of-Way: All vessels pro- The running time at slack water will ceeding with the current shall have the apply to any vessel which enters that right-of-way over those proceeding

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against the current. All craft up to 65 troller. Mooring in the West Boat feet in length shall be operated so as Basin at Buzzards Bay, near the rail- not to interfere with the navigation of road bridge, is not permitted except in vessels of greater length. an emergency. Fishing boats, yachts, (5) Passing of vessels: The passing of cabin cruisers and other craft utilizing one vessel by another when proceeding the East Boat Basin on the south side in the same direction is prohibited ex- of the canal at Sandwich, Massachu- cept when a leading low powered ship is setts are not permitted to tie up at the unable to make sufficient headway. Corps of Engineers landing float or an- However, extreme caution must be ob- chor in a manner to prevent canal served to avoid collision, and consider- floating plant from having ready access ation must be given to the size of the to the float. All vessels or barges left ship to be overtaken, velocity of cur- unattended must be securely tied with rent and wind, and atmospheric condi- adequate lines or cables. The United tions. Masters of vessels involved shall States assumes no liability for dam- inform the marine traffic controller on ages which may be sustained by any duty of developing situations to facili- craft using the bulkhead at Sandwich tate coordination of vessel movement. or the canal mooring or boat basin fa- Meeting or passing of vessels at the cilities. Vessels shall not be left unat- easterly end of the canal between Sta- tended along the face of the govern- tion Minus 40 and Station 60 will not be ment bulkhead. A responsible person permitted, except in cases of extreme with authority to authorize and/or ac- emergency, in order to allow vessels to complish vessel movement must re- utilize the center line range to mini- main onboard at all times. mize the effects of hazardous eddies (l) Grounded, wrecked or damaged ves- and currents. Due to bank suction and sels. In the event a vessel is grounded, tidal set, meeting and passing of ves- or so damaged by accident as to render sels at the following locations will be it likely to become an obstruction and/ avoided: or hazard to navigation in the water- (i) Sagamore Bridge. way, the division engineer or the divi- (ii) Bourne Bridge. sion engineer’s authorized representa- (iii) Railroad Bridge. tive shall supervise and direct all oper- (iv) Mass Maritime Academy. ations that may be necessary to re- (6) Unnecessary delay in canal: Ves- move the vessel to a safe locality. sels and other type crafts must not ob- (m) [Reserved] struct navigation by unnecessarily (n) Deposit of refuse. No oil or other idling at low speed when entering or allied liquids, ashes, or materials of passing through the canal. any kind shall be thrown, pumped or (7) Stopping in the waterway: An- swept into the canal or its approaches choring in the Cape Cod Canal Channel from any vessel or craft using the wa- is prohibited except in emergencies. terway, nor shall any refuse be depos- For the safety of canal operations it is ited on canal grounds, marine struc- mandatory that the masters of all ves- tures, or facilities. sels anchoring in or adjacent to the (o) Trespass to property. Subject to canal channel (Cape Cod Bay to Cleve- the provisions of paragraph (q) of this land Ledge Light) for any reason, im- section trespass upon the canal prop- mediately notify the marine traffic erty is prohibited. controller. (p) Bridges over the canal. The govern- (8) Utilization of mooring and boat ment owns, operates and maintains all basins and the Sandwich Bulkhead: bridges across the canal which include Vessels mooring or anchoring in the one railroad bridge and two highway mooring or boat basins at the Sand- bridges. The division engineer or his/ wich bulkhead must do so in a manner her authorized representative may es- not to obstruct or impede vessel move- tablish rules and regulations governing ments to and from facilities. These fa- the use of these bridges. cilities are of limited capacity and per- (q) Recreational use of canal—(1) Pol- mission to occupy them for periods ex- icy. (i) It is the policy of the Secretary ceeding 24 hours must be obtained in of the Army acting through the Chief advance from the marine traffic con- of Engineers to provide the public with

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safe and healthful recreational oppor- States and the Commonwealth of Mas- tunities within all water resource de- sachusetts will be enforced. velopment projects administered by (6) Hunting. Hunting is permitted in the Chief of Engineers, including the accordance with game laws of the canal and government lands part there- United States and the Commonwealth of. Any recreational use of the canal of Massachusetts. and those lands shall be at the users (7) Fires. No open fires will be allowed own risk. at any time except by special permis- (ii) All water resource development sion and then shall be continuously projects open for recreational use shall overseen and in compliance with state be available to the public without re- or town laws. gard to sex, race, creed, color or na- (8) Control of animals and pets. (i) No tional origin. No lessee, licensee, or person shall bring or have horses in concessionaire providing a service to camping, picnic, swimming beaches or the public shall discriminate against developed recreation areas. any person or persons because of sex, (ii) No person shall bring dogs (except race, creed, color or national origin in seeing eye dogs), cats, or other pets the conduct of operations under the into developed recreation areas unless lease, license or concession contract. penned, caged, or on a leash no longer (2) Motor vehicles. Operation of motor than six feet or otherwise under phys- vehicles, motorcycles, minibikes, ical restrictive controls at all time. mopeds, motorbikes, snowmobiles, and (9) Restrictions. (i) The division engi- all types of off-road vehicles is prohib- neer may establish a reasonable sched- ited on government lands and service ule of visiting hours for all or portions roads except in areas specifically des- of the project area and close or restrict ignated for such operation. the public use of all or any portion of the project by the posting of appro- (3) Swimming. Swimming, skin diving, priate signs indicating the extent and snorkling, and scuba diving in the scope of closure. All persons shall ob- canal between the east entrance in serve such posted restrictions. Cape Cod Bay and the west entrance at (ii) The operation or use of any audio Cleveland Ledge Light are prohibited. or other noise producing device includ- Diving operations may be authorized ing, but not limited to, communica- by the Engineer-In-Charge in conjunc- tions media and vehicles in such a tion with operation and maintenance manner as to unreasonably annoy, en- of the canal. danger persons or affect vessel traffic (4) Camping. Overnight tenting or through the canal is prohibited. camping on governmment land is pro- (10) Explosives, firearms, other weapons hibited except in areas designated by and fireworks. (i) The possession of the division engineer. Bourne Scenic loaded firearms, ammunition, projec- Park and Scusset Beach State Reserva- tile firing devices, bows and arrows, tion are designated camping areas. Per- crossbows, and explosives of any kind sons asleep during hours of darkness in is prohibited unless in the possession of or out of vehicles shall be considered as a law enforcement officer or Govern- campers. ment employee on official duty or used (5) Fishing. Persons may fish with rod for hunting during the hunting season and line from the banks of the canal on as permitted under paragraph (q)(6) of Federally owned property except areas this section, or unless written permis- designated by the division engineer. sion has been received from the divi- Fishing and lobstering by boat in the sion engineer. Cape Cod Canal between the east en- (ii) The possession or use of fireworks trance in Cape Cod Bay and the west is prohibited unless written permission entrance at Cleveland Ledge Light are has been received from the division en- prohibited. Fishing by boat is per- gineer. mitted in the area west of the State (11) Public property. Destruction, in- Pier in Buzzards Bay, provided that all jury, defacement or removal of public craft stay out of the channel defined by property including natural formations, U.S. Coast Guard buoys and beacons. historical and archeological features Fish and game laws of the United and vegetative growth is prohibited

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without written permission of the divi- has been received from the division en- sion engineer. gineer. (12) Abandonment of personal property. (15) Commercial activities. The engag- (i) Abandonment of personal property ing in or solicitation of business with- is prohibited. Personal property shall out the written permission of the divi- not be left unattended upon the lands sion engineer is prohibited. or waters of the project except in ac- (16) Unauthorized structures. The con- cordance with this regulation. After a struction or placing of any structure of period of 24 hours, abandoned or unat- any kind under, upon or over the tended personal property shall be im- project lands or water is prohibited un- pounded and stored at a storage point less a permit has been issued by the di- designated by the division engineer. vision engineer. Structures not under The division engineer shall assess a permit are subject to summary re- reasonable impoundment fee, which moval by the division engineer. shall be paid before the impounded (17) Special events. Prior approval property is returned to its owners. must be obtained from the Engineer-In- (ii) The division engineer shall, by Charge for special events, recreational public or private sales or otherwise, programs and group activities. The dispose of all lost, abandoned, or un- public shall not be charged any fee by claimed personal property that comes the sponsor of such event unless the di- into his/her custody or control. How- vision engineer has approved in writing ever, efforts should be made to find the the proposed schedule of fees. owner, the owner’s heirs or next of kin, (18) Interference with government em- or legal representatives. If the owner, ployees. Interference with any govern- heirs or next of kin, or legal represent- ment employee in the conduct of offi- ative is determined but not found, the cial duties pertaining to the adminis- property may not be disposed of until tration of these regulations is prohib- the expiration of 120 days after the ited. date when notice, giving the time and place of the intended sale or other dis- [45 FR 51552, Aug. 4, 1980; 45 FR 60430, Sept. position, has been sent by certified or 12, 1980, as amended at 56 FR 13765, Apr. 4, registered mail to that person at last 1991] known address. When diligent effort to determine the owner, owner’s heirs or § 207.50 Hudson River Lock at Troy, N.Y.; navigation. next of kin, or legal representative is unsuccessful, the property may be dis- (a) Authority of lockmaster. The posed of without delay, except that if it lockmaster shall be charged with the has a fair market value of $25 or more immediate control and management of the property generally may not be dis- the lock, and of the area set aside as posed of until three months after the the lock area, including the lock ap- date it is received at the Cape Cod proach channels. He shall see that all Canal Administrative Office. The net laws, rules and regulations for the use proceeds from the sale of property shall of the lock and lock area are duly com- be placed into the Treasury of the plied with, to which end he is author- United States as miscellaneous re- ized to give all necessary orders and di- ceipts. rections in accordance therewith, both (13) Lost and found articles. All aban- to employees of the Government and to doned/lost articles shall be deposited any and every person within the limits by the finder at the Canal Administra- of the lock or lock area, whether navi- tion office or with Canal ranger. The gating the lock or not. No one shall finder shall leave his/her name, ad- cause any movement of any vessel, dress, and phone number. All lost arti- boat, or other floating thing in the cles shall be disposed of in accordance lock or approaches except by or under with procedures set forth in paragraph the direction of the lockmaster or his (q)(12) of this section. assistants. (14) Advertisement. Advertising by the (b) Signals. Steamboats or tows desir- use of billboards, signs, markers, audio ing lockage in either direction shall devices or any other means whatever is give notice to the lock tenders, when prohibited unless written permission not more than three-fourths mile from

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the lock, by one long blast of (10 sec- to its maximum. Lockage of pleasure onds’ duration), followed by one short craft may be made with commercial blast (of three seconds’ duration), or a craft carrying petroleum products whistle or horn. When the lock is ready other than gasoline, provided a clear for entrance a green light will be distance of at least 100 feet between shown from the river wall. An amber such vessels can be maintained in the light will indicate that the lock is lock. If, after the arrival of such craft, being made ready for entrance. A red no separate or combined lockage can light will indicate that the approach- be accomplished within a reasonable ing vessel must wait. Whenever local time, not to exceed the time required conditions make it advisable the visual for three other lockages, then separate signals will be supplemented by sound lockage shall be made. signals as follows: (f) Stations while waiting. Boats wait- (1) One long blast of a horn to indi- ing their turn to enter the lock must cate that the vessel must wait. lie at a sufficient distance from the (2) One short blast of a horn to indi- lock and in such a position as to leave cate that the lock is being made ready sufficient room for the passage of boats for entrance. leaving the lock. (3) Two short blasts of a horn to indi- (g) Unnecessary delay. (1) Boats must cate permission to enter the lock. not cause delay in entering or leaving (4) Four short and rapid blasts to at- the lock. Masters and pilots will be tract attention, indicate caution, and held to a strict accountability in this signal danger. matter, and those with tows must pro- (c) Draft of boats. Deep-draft boats vide enough men to move barges must clear the miter sills by at least 3 promptly. Boats failing to enter the inches. Boats drawing too much water lock with reasonable promptness after will not be allowed to lighter cargo in being signaled will lose their turn. the entrances. (2) Tugboats arriving with their tows (d) Precedence at the lock. The vessel in a condition which will delay locking arriving first at the lock shall be first shall lose their turn if so ordered by to lock through; but precedence shall the lock tender. Leaking boats may be be given to vessels belonging to the excluded until put in shape to be United States and to commercial ves- passed through safely. sels in the order named. Arrival posts (h) Mooring. Boats in the lock or or markers may be established ashore waiting in the entrance shall be above or below the lock. Vessels arriv- moored where directed by the lock ten- ing at or opposite such posts or mark- der, by bow, stern, and spring lines, to ers will be considered as having arrived the snubbing posts or line hooks. Tying at the lock within the meaning of this boats to the lock ladders is strictly paragraph. If the traffic is crowded in prohibited. both directions; up and down lockages (i) Protection of lock gates. Boats will will usually be made alternately, but not be permitted to enter or leave the the lock tender may permit two or lock until the lock gates are at rest in more lockages to be made at one time the gate recesses and the lock tender in the same direction when this will has directed the boat to start. not cause unreasonable delay. In case (j) Damage to walls, etc. All craft pass- two or more boats or tows are to enter ing through the lock must be free from for the same lockage, they shall enter projections or sharp corners which as directed by the lock tender. No boat might scar the walls or injure other shall run ahead of another while in the parts. Steamboats must be provided lock. The boat that enters first shall with suitable fenders, etc. One man leave first. shall be kept at the head of every tow (e) Lockage of pleasure boats. The till it has cleared the lock and guide lockage of pleasure boats, house boats walls, and shall use the fender to pre- or like craft shall be expedited by lock- vent scarring the walls. ing them through with commercial (k) Handling machinery. None but em- craft (other than barges carrying gaso- ployees of the United States will be al- line or highly hazardous materials) in lowed to move any valve, gate, or other order to utilize the capacity of the lock machinery belonging to the lock.

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(l) Refuse in lock. Throwing ashes, (d) The regulations of the pool level refuse, or other obstruction in the en- and the maintenance of flashboards trances or in the lock, or on the walls shall be subject to the supervision and thereof, and passing coal from flats or approval of the District Engineer, New barges to a steamboat while in the lock York City. is prohibited. [Regs., Dec. 2, 1924, as amended at 25 FR 8907, (m) [Reserved] Sept. 16, 1960] (n) Trespass on U.S. property. Trespass on U.S. property, or willful injury to § 207.100 Inland waterway from Dela- the banks, masonry, fences, trees, ware River to Chesapeake Bay, Del. houses, machinery, or other property and Md. (Chesapeake and Delaware of the United States at or near the lock Canal); use, administration, and navigation. is strictly prohibited. (o) Penalties. In addition to the pen- (a) Applicability. The regulations in alties prescribed by law, boats which this section are applicable to that part fail to comply with the regulations in of the inland waterway from Delaware this section will thereafter be refused River to Chesapeake Bay, Del. and Md., lockage until assurances have been re- between Reedy Point, Delaware River, ceived, satisfactory to the District En- and Old Town Point Wharf, Elk River. gineer, Corps of Engineers, New York, (b) Supervision. The District Engi- New York, that the regulations will be neer, Corps of Engineers, Philadelphia, complied with. Pa., has administrative supervision over the waterway and is charged with [Regs., Mar. 24, 1916, as amended at 16 FR the enforcement of these regulations. 7210, July 24, 1951; 26 FR 352, Jan. 18, 1961; 56 The District Engineer from time to FR 13765, Apr. 4, 1991] time will prescribe rules governing the dimensions of vessels which may tran- § 207.60 Federal Dam, Hudson River, sit the waterway, and other special Troy, N.Y.; pool level. conditions and requirements which will (a) Whenever the elevation of the govern the movement of vessels using pool created by the Federal dam at the waterway. The District Engineer’s Troy, N.Y., shall fall to a point level representative is the Chesapeake City with the crest of the main spillway, the Resident Engineer. The Chesapeake elevation of which is + 14.33 feet mean City Resident Engineer through the sea level, the operation of the power dispatcher on duty will enforce these plant shall cease and further operation regulations and monitor traffic thereof shall be suspended until such through the canal. time as the water level rises to or (c) Safe navigation required. Clearance above + 14.43 feet mean sea level. for any vessel to enter or pass through (b) Flashboards may be maintained any part of the waterway will be con- on the section of the spillway of the tingent on the vessel’s having adequate dam having an elevation of + 14.33 feet personnel, machinery, and operative mean sea level in order to increase the devices for safe navigation. In the elevation of this section to an ele- event of question as to the ability of vation equal to that of the auxiliary any vessel to navigate the waterway spillway, or + 16.33 feet mean sea level: safely, a ruling will be made by the dis- Provided, That the flashboards are so patcher. The owner, agent, master, erected as to drop automatically when pilot, or other person in charge of the the pool level rises to an elevation of + vessel concerned may appeal the dis- 18.5 feet mean sea level, and conform in patcher’s ruling to the District Engi- other respects to the plans attached neer whose decision shall be final. A thereto. clearance by the dispatcher for a ves- (c) The tide staff to be used in deter- sel’s passage through the waterway mining the elevation of the pool shall shall not relieve the owners, agents, be the ceramic tide staff now located and operators of the vessel of full re- on the westerly face of the east lock sponsibility for its safe passage. wall north of the northerly gates, the (d) Radio equipment. Requirements for zero of which is set 2 feet below mean radio equipment on vessels transiting sea level. the waterway are as described in rules

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governing traffic through the water- the canal will be in accordance with way issued by the District Engineer. regulations promulgated by the U.S. Vessels not having the mandatory Coast Guard, § 117.235a Chesapeake and radio equipment will not be permitted Delaware Canal, Del., of this chapter. to transit the canal. (l) [Reserved] (e) Anchorage and wharfage facilities. (m) Refuse and oil. The depositing of The anchorage basin at Chesapeake trash, refuse, debris, oil, or other mate- City and free wharfage facilities on the rial in the waterway or upon the banks west side of the anchorage basin are or right-of-way is prohibited. Violators available for small vessels only. These are subject to penalties as prescribed facilities are of limited capacity, and by Federal law. permission to occupy them for periods (n) Damage to waterway property. exceeding 24 hours must be obtained in Damage to the waterway, lands, banks, advance from the dispatcher at Chesa- bridges, jetties, piers, fences, buildings, peake City. trees, telephone lines, lighting struc- (f) Projections from vessels. No vessel tures, or any other property of the carrying a deck load which overhangs United States pertaining to the water- or projects beyond the sides of the ves- way is prohibited. sel will be permitted to enter or pass (o) Fish and game. The fish and game through the waterway. Vessels car- laws of the United States and of the rying rods, poles, or other gear extend- States of Delaware and Maryland, ing above the top of the vessel’s mast within their respective bounds, will be will be required to lower such equip- ment to a level with the top of the enforced upon the waters and lands mast before entering the waterway. pertaining to the waterway owned by (g) [Reserved] the United States. (h) Tows—(1) Integrated pusher-type (p) Grounded, wrecked, or damaged ves- tows. The maximum overall length and sels. In the event a vessel is grounded extreme breadth of this type of tow or wrecked in the waterway or is dam- which may transit the canal are as de- aged by accident or successive mechan- scribed in rules governing traffic ical breakdown, the owner, agent, or through the waterway issued by the operator shall take prompt action to District Engineer. prevent the vessel from becoming or (2) All other types of tows. All ships or remaining an obstruction to naviga- tugs engaged in towing vessels not tion, and such persons shall also re- equipped with a rudder, whether light spond to such instructions as may be or loaded, shall use two towlines or a issued by the District Engineer to pre- bridle on one towline. If the vessel in vent the vessel from becoming or re- tow is equipped with a rudder, one tow- maining a menace to navigation. The line without a bridle may be used. All lack of reasonable response from towlines must be hauled as short as owner, agent, or operator may be practicable for safe handling of the deemed sufficient cause for the District tows. No towboat will be permitted to Engineer to undertake repair or re- enter the waterway with more than moval of the vessel as he may deter- two loaded, or three light barges. Two mine to be in the best interest to the or more barges or other vessels, not Government. self-propelled, shall be towed abreast (q)–(s) [Reserved] and not in tandem, using two towlines (t) Pilotage. Any pilot who pilots in unless the towboat is made fast along- the canal shall comply with State laws side the tow. or Coast Guard regulations and must (i) [Reserved] be licensed for this waterway by the (j) Traffic lights. Traffic lights are lo- U.S. Coast Guard. cated at Reedy Point and Old Town (u) Vessels difficult to handle. Vessels Point Wharf. These traffic lights are which are observed by the pilot or mas- described in the rules governing traffic ter in charge, to be difficult to handle, through the waterway issued by the or which are known to have handled District Engineer. badly on previous trips, must transit (k) Drawbridges. Operation of the the canal during daylight hours and Penn Central vertical lift bridge across must have tug assistance. Such vessels

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must obtain permission from the dis- The cities in which the U.S. District patcher to enter the canal and must be Engineers are located are as follows: provided with the number of tugs suffi- U.S. District Engineer, Norfolk, Virginia. cient to afford safe passage. Agents U.S. District Engineer, Wilmington, North must make their own arrangements for Carolina. tug assistance. Such eastbound vessels U.S. District Engineer, Charleston, South must clear Reedy Point Bridge, and Carolina. such westbound vessels the Chesapeake U.S. District Engineer, Savannah, Georgia. City Bridge, before dark. U.S. District Engineer, Jacksonville, Flor- ida. [37 FR 9670, May 16, 1972, as amended at 42 FR 57961, Nov. 7, 1977; 56 FR 13765, Apr. 4, (c) [Reserved] 1991] (d) Bridges. (For regulations gov- erning the operation of bridges, see § 207.160 All waterways tributary to §§ 117.1, 117.240 and 117.245 of this title.) the Atlantic Ocean south of Chesa- (e) Locks—(1) Authority of peake Bay and all waterways tribu- lockmasters—(i) Locks staffed with Gov- tary to the Gulf of Mexico east and ernment personnel. The provisions of south of St. Marks, Fla.; use, admin- this subparagraph apply to all water- istration, and navigation. ways in this Section except for the seg- (a) Description. This section applies to ment of the Atlantic Intracoastal Wa- the following: terway identified in (e)(1)(ii). The (1) Waterways. All navigable waters of lockmaster shall be charged with the the United States, natural or artificial, immediate control and management of including bays, lakes, sounds, rivers, the lock, and of the area set aside as creeks, intracoastal waterways, as well the lock area, including the lock ap- as canals and channels of all types, proach channels. He/she shall see that which are tributary to or connected by all laws, rules and regulations for the other waterways with the Atlantic use of the lock and lock area are duly Ocean south of Chesapeake Bay or with complied with, to which end he/she is the Gulf of Mexico east and south of authorized to give all necessary orders St. Marks, Florida. and directions in accordance therewith, (2) Locks. All Government owned or both to employees of the Government operated locks and hurricane gate and to any and every person within the chambers and appurtenant structures limits of the lock and lock area, wheth- in any of the waterways described in er navigating the lock or not. No one paragraph (a)(1) of this section. shall cause any movement of any ves- (3) U.S. property. All river and harbor sel, boat, or other floating thing in the lands owned by the United States in or lock or approaches except by or under along the waterways described in para- the direction of the lockmaster or his/ graph (a)(1) of this section, including her assistants. lock sites and all structures thereon, (ii) Locks staffed with contract per- other sites for Government structures sonnel. The provisions of this subpara- and for the accommodation and use of graph apply to the segment of the At- employees of the United States, and lantic Intracoastal Waterway com- rights of way and spoil disposal areas prising the Albermarle and Chesapeake to the extent of Federal interest there- Canal and the Dismal Swamp Canal in- in. cluding Great Bridge Lock, Chesa- (4) Vessels and rafts. The term ‘‘ves- peake, Virginia; Deep Creek Lock, sel’’ as used in this section includes all Chesapeake, Virginia; and South Mills floating things moved over these wa- Lock, North Carolina. Contract per- terways other than rafts. sonnel shall give all necessary orders (b) Authority of District Engineers. The and directions for operation of the use, administration, and navigation of locks. No one shall cause any move- these waterways, Federal locks and ment of any vessel, boat or other float- hurricane gate chambers shall be under ing thing in the locks or approaches ex- the direction of the officers of the cept by or under the direction of the Corps of Engineers, U.S. Army, de- contract lock operator. All duties and tailed in charge of the respective sec- responsibilities of the lockmaster set tions, and their authorized assistants. forth in this section shall be performed

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by the contract lock operator except in charge of rafts shall cause no undue that the responsibility for enforcing all delay in entering or leaving the lock, laws, rules and regulations shall be and will be held to a strict account- vested in a government employee des- ability that the approaches are not at ignated by the Norfolk District Engi- any time unnecessarily obstructed by neer. The District Engineer will notify parts of a tow awaiting lockage or al- waterway users and the general public ready passed through. They shall pro- through appropriate notices and media vide sufficient men to move through concerning the location and identity of the lock promptly without damage to the designated government employee. the structures. Vessels or tows that (2) Signals. Vessels desiring lockage fail to enter the locks with reasonable in either direction shall give notice to promptness after being signalled to do the lockmaster at not more than three- so will lose their turn. quarters of a mile nor less than one- (5) Lockage of vessels. (i) Vessels must quarter of a mile from the lock, by two enter and leave the locks carefully at long and two short blasts of a whistle. slow speed, must be provided with suit- When the lock is available, a green able lines and fenders, must always use light, semaphore or flag will be dis- fenders to protect the walls and gates, played; when not available, a red light, and when locking at night must be pro- semaphore or flag will be displayed. No vided with suitable lights and use them vessels or rafts shall approach within as directed. 300 feet of any lock entrance unless sig- (ii) Vessels which do not draw at nalled to do so by the lockmaster. least six inches less than the depth on (3) Precedence at locks. (i) The vessel miter sills or breast walls, or which arriving first at a lock shall be first to have projections or sharp corners liable lock through; but precedence shall be to damage gates or walls, shall not given to vessels belonging to the enter a lock or approaches. United States and to commercial ves- (iii) No vessel having chains or lines sels in the order named. Arrival posts either hanging over the sides or ends, or markers may be established ashore or dragging on the bottom, for steering above or below the locks. Vessels arriv- or other purposes, will be permitted to ing at or opposite such posts or mark- pass a lock or dam. ers will be considered as having arrived (iv) Power vessels must accompany at the locks within the meaning of this tows through the locks when so di- paragraph. rected by the lockmaster. (ii) The lockage of pleasure boats, (v) No vessel whose cargo projects be- house boats or like craft shall be expe- yond its sides will be admitted to lock- dited by locking them through with age. commercial craft (other than barges (vi) Vessels in a sinking condition carrying petroleum products or highly shall not enter a lock or approaches. hazardous materials) in order to utilize (vii) The passing of coal from flats or the capacity of the lock to its max- barges to steamers while in locks is imum. If, after the arrival of such prohibited. craft, no separate or combined lockage (viii) Where special regulations for can be accomplished within a reason- safeguarding human life and property able time not to exceed the time re- are desirable for special situations, the quired for three other lockages, then same may be indicated by printed separate lockage shall be made. signs, and in such cases such signs will (4) Entrance to and exit from locks. No have the same force as other regula- vessel or raft shall enter or leave the tions in this section. locks before being signalled to do so. (ix) The lockmaster may refuse to While waiting their turns, vessels or lock vessels which, in his judgment, rafts must not obstruct traffic and fail to comply with this paragraph. must remain at a safe distance from (6) Lockage of rafts. Rafts shall be the lock. They shall take position in locked through in sections as directed rear of any vessels or rafts that may by the lockmaster. No raft will be precede them, and there arrange the locked that is not constructed in ac- tow for locking in sections if nec- cordance with the requirements stated essary. Masters and pilots of vessels or in paragraph (g) of this section. The

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party in charge of a raft desiring lock- (2) No section of a raft will be per- age shall register with the lockmaster mitted to be towed over any portion of immediately upon arriving at the lock a waterway unless the logs float suffi- and receive instructions for locking. ciently high in the water to make it (7) Number of lockages. Tows or rafts evident that the section will not sink locking in sections will generally be al- en route. lowed only two consecutive lockages if (3) Frequent inspections will be made one or more single vessels are waiting by the person in charge of each raft to for lockage, but may be allowed more insure that all fastenings remain se- in special cases. If tows or rafts are cure, and when any one is found to waiting above and below a lock for have loosened, it shall be repaired at lockage, sections will be locked both once. Should any log or section be lost ways alternately whenever practicable. from a raft, the fact must be promptly When there are two or more tows or reported to the District Engineer, giv- rafts awaiting lockage in the same di- ing as definitely as possible the exact rection, no part of one shall pass the point at which the loss occurred. In all lock until the whole of the one pre- cases the owner of the lost log or sec- ceding it shall have passed. tion will take steps immediately to re- (8) Mooring. (i) Vessels and rafts when move the same from the waterway. in the lock shall be moored where di- (4) The length and width of rafts rected by the lockmaster by bow, stern shall not exceed such maximum dimen- and spring lines to the snubbing posts sions as may be prescribed by the Dis- or hooks provided for that purpose, and trict Engineer. lines shall not be let go until signal is (5) All rafts shall carry sufficient given for vessel or raft to leave. Tying men to enable them to be managed boats to the lock ladders is prohibited. properly, and to keep them from being an obstruction to other craft using the (ii) The mooring of vessels or rafts waterway. To permit safe passage in a near the approaches to locks except narrow channel rafts will, if necessary, while waiting for lockage, or at other stop and tie up alongside the bank. places in the pools where such mooring Care must be exercised both in towing interferes with general navigation of and mooring rafts to avoid the possi- the waterway is prohibited. bility of damage to aids to navigation (9) Maneuvering locks. The lock gates, maintained by the United States or valves, and accessories will be moved under its authorization. only under the direction of the (6) When rafts are left for any reason lockmaster; but if required, all vessels with no one in attendance, they must and rafts using the locks must furnish be securely tied at each end and at as ample help on the lock walls for han- many intermediate points as may be dling lines and maneuvering the var- necessary to keep the timbers from ious parts of the lock under the direc- bagging into the stream, and must be tion of the lockmaster. moored so as to conform to the shape (f) [Reserved] of the bank. Rafts moored to the bank (g) Rafts, logging. (1) Rafts will be shall have lights at 500-foot intervals permitted to navigate a waterway only along their entire length. Rafts must if properly and securely assembled. The not be moored at prominent projec- passage of ‘‘bag’’ or ‘‘sack’’ rafts, tions of the bank, or at critical sec- ‘‘dog’’ rafts, or of loose logs over any tions. portion of a waterway, is prohibited. (7) Logs may be stored in certain Each section of a raft will be secured tributary streams provided a clear within itself in such a manner as to channel at least one-half the width of prevent the sinking of any log, and so the channel be left clear for navigation fastened or tied with chains or wire along the tributary. Such storage rope that it cannot be separated or bag spaces must be protected by booms out so as to materially change its and, if necessary to maintain an open shape. All dogs, chains and other channel, piling should also be used. Au- means used in assembling rafts shall be thority for placing these booms and in good condition and of ample size and piling must be obtained by written per- strength to accomplish their purposes. mit from the District Engineer.

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(8) The building, assembling, or ans, Louisiana, if between Suwanee breaking up of a raft in a waterway River and St. Marks, Florida. will be permitted only upon special au- (j) Trespass on property of the United thority obtained from the District En- States. Trespass on waterway property gineer, and under such conditions as he or injury to the banks, locks, bridges, may prescribe. piers, fences, trees, houses, shops or (h) Dumping of refuse or oil in water- any other property of the United way, obstructions. Attention is invited States pertaining to the waterway is to the provisions of sections 13 and 20 strictly prohibited. No business, trad- of the River and Harbor Act of March 3, ing or landing of freight or baggage 1899 (30 Stat. 1152, 1154; 33 U. S. C. 407, will be allowed on or over Government 415), and of sections 2, 3, and 4 of the piers, bridges, or lock walls. Oil Pollution Act of June 7, 1924 (43 (k) Copies of regulations. Copies of the Stat. 604, 605; 33 U.S.C. 432–434), which regulations in this section will be fur- prohibit the depositing of any refuse nished free of charge upon application matter in these waterways or along to the nearest District Engineer. their banks where liable to be washed [Regs., Apr. 30, 1938, as amended at 8 FR into the waters; authorize the imme- 15381, Nov. 9, 1943; 25 FR 8908, Sept. 16, 1960; diate removal or destruction of any 26 FR 353, Jan. 18, 1961; 34 FR 4967, Mar. 7, sunken vessel, craft, raft, or other 1969; 42 FR 57961, Nov. 7, 1977; 48 FR 6335, Feb. similar obstruction, which stops or en- 11, 1983; 56 FR 13765, Apr. 4, 1991] dangers navigation; and prohibit the discharge of oil from vessels into the § 207.169 Oklawaha River, navigation lock and dam at Moss Bluff, Fla.; coastal navigable waters of the United use, administration, and navigation. States. (i) Damage. Masters and owners of (a) The owner of or agency control- vessels using the waterways are re- ling the lock shall not be required to sponsible for any damage caused by operate the navigation lock except their operations to canal revetments, from 7 a.m. to 7 p.m. during the period lock piers and walls, bridges, hurricane of February 15 through October 15 each gate chambers, spillways, or ap- year, and from 8 a.m. to 6 p.m. during proaches thereto, or other Government the remaining months of the year. Dur- structures, and for displacing or dam- ing the above hours and periods the aging of buoys, stakes, spars, range lock shall be opened upon demand for lights or other aids to navigation. the passage of vessels. The hours of op- Should any part of a revetment, lock, eration are based on local time. bridge, hurricane gate chamber, spill- (b) The owner of or agency control- way or approach thereto, be damaged, ling the lock shall place signs of such they shall report the fact, and furnish size and description as may be des- a clear statement of how the damage ignated by the District Engineer, U.S. occurred, to the nearest Government Army Engineer District, Jacksonville, lockmaster or bridge tender, and by Fla., at each side of the lock indicating mail to the District Engineer, U.S. En- the nature of the regulations of this gineer Office, in local charge of the wa- section. terway in which the damage occurred. [35 FR 10520, June 27, 1970, as amended at 38 Should any aid to navigation be dam- FR 5468, Mar. 1, 1973] aged, they shall report that fact imme- diately to the Superintendent of Light- § 207.170 Federal Dam, Oklawaha houses at Norfolk, Virginia, if north of River, Moss Bluff, Fla.; pool level. New River Inlet, North Carolina; to the (a) The level of the pool shall nor- Superintendent of Lighthouses at mally be maintained at elevation 56.5 Charleston, South Carolina, if between feet above sea level: Provided, That the New River Inlet, North Carolina, and level of the pool may be raised to not St. Lucie Inlet, Florida; to the Super- exceeding 58.5 feet above sea level at intendent of Lighthouses at Key West, such times as may be authorized in Florida, if between St. Lucie Inlet and writing by the District Engineer, Jack- Suwanee River, Florida; and to the Su- sonville, Fla., and subject to such con- perintendent of Lighthouses, New Orle- ditions as he may specify.

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(b) When, in the opinion of the Dis- this lock indicating the nature of the trict Engineer, an emergency exists re- regulations. quiring the lowering of the pool level [24 FR 5151, June 24, 1959] to an elevation less than 56.5 above sea level either to safeguard the dikes or to § 207.170c Kissimmee River, navigation increase the discharge from Lake Grif- locks between Lake Tohopekaliga fin in times of high water, the dis- and Lake Okeechobee, Fla.; use, ad- charge past the dam shall be regulated ministration, and navigation. in such manner as he may direct until (a) The owner of or agency control- he shall declare the emergency passed. ling the locks shall be required to open the navigation locks upon demand for [Regs., Dec. 3, 1928] passage of vessels during the following § 207.170a Eugene J. Burrell Naviga- hours and periods: tion Lock in Haines Creek near Lis- bon, Fla.; use, administration, and Locks S–61, S–65, and S–65E navigation. Monday through Friday All year ...... 7:00 a.m. to (a) The owner of or agency control- 6:00 p.m. ling the lock shall not be required to Saturday and Sunday ... Mar. 1 through 5:30 a.m. to operate the navigation lock except Oct. 31. 7:30 p.m. from 7 a.m. to 12 noon, and from 1 p.m. Do ...... Nov. 1 through 5:30 a.m. to Feb. 28. 6:30 p.m. to 7 p.m., during the period of February 15 through October 15 each year; and Lock S–65A

from 8 a.m. to 12 noon, and from 1 p.m. Seven days a week ...... All year ...... 8:00 a.m. to to 6 p.m., during the remaining months 5:00 p.m. of each year. During the above hours and periods the lock shall be opened Locks S–65B, S–65C, and S–65D upon demand for the passage of vessels. Monday through Friday All year ...... 8:00 a.m. to (b) The owner of the lock shall place 5:00 p.m. Saturday and Sunday ... Mar. 1 through 5:30 a.m. to signs, of such size and description as Oct. 31. 7:30 p.m. may be designated by the District En- Do ...... Nov. 1 through 5:30 a.m. to gineer, U.S. Army Engineer District, Feb. 28. 6:30 p.m. Jacksonville, Florida, at each side of this lock indicating the nature of the (b) The owner of or agency control- regulations of this section. ling the locks shall place signs, of such size and description as may be des- [24 FR 1461, Feb. 27, 1959] ignated by the District Engineer, U.S. Army Engineer District, Jacksonville, § 207.170b Apopka-Beauclair Naviga- Florida, at each side of the locks indi- tion Lock in Apopka-Beauclair cating the nature of the regulations of Canal in Lake County, Fla.; use, ad- this section. ministration, and navigation. [29 FR 2384, Feb. 12, 1964, as amended at 31 (a) The owner of or agency control- FR 7566, May 26, 1966; 33 FR 7626, May 23, ling the lock shall not be required to 1968] operate the navigation lock except from 7:00 a.m. to 12:00 noon, and from § 207.170d Taylor Creek, navigation 1:00 p.m. to 7:00 p.m., during the period lock (S–193) across the entrance to of February 15 through October 15 each Taylor Creek at Lake Okeechobee, year; and from 8:00 a.m. to 12 noon, and Okeechobee, Fla.; use, administra- from 1:00 p.m. to 6:00 p.m., during the tion, and navigation. remaining months of each year. During (a) The owner of or agency control- the above hours and periods the lock ling the lock shall not be required to shall be opened upon demand for the operate the navigation lock except passage of vessels. from 5:30 a.m. to 8:00 p.m. daily. During (b) The owner of the lock shall place the above hours the lock shall be signs, of such size and descriptions as opened upon demand for the passage of may be designated by the District En- vessels. gineer, U.S. Army Engineer District, (b) The owner of the lock shall place Jacksonville, Florida, at each side of signs, of such size and description as

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may be designated by the District En- (3) Bridges, wharves, and other struc- gineer, U.S. Army Engineer District, tures. All bridges, wharves, and other Jacksonville, Florida at each side of structures in or over these waterways. this lock indicating the nature of the (4) Vessels. The term ‘‘vessels’’ as regulations of this section. used in this section includes all float- [Regs., July 17, 1973, 1522–01 (Taylor Creek, ing craft other than rafts. Fla.) DAEN-CWO-N] (5) Rafts. The term ‘‘raft’’ as used in (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) this section includes any and all types of assemblages of floating logs or tim- [38 FR 21404, Aug. 8, 1973] ber fastened together for support or § 207.175a Carlson’s Landing Dam conveyance. navigation lock, Withlacoochee (b) Authority of District Engineers. The River, Fla.; use, administration, and use, administration, and navigation of navigation. the waterways and structures to which (a) The owner of or agency control- this section applies shall be under the ling the lock shall not be required to direction of the officers of the Corps of operate the navigation lock except Engineers, U.S. Army, in charge of the from 7 a.m. to 12 noon, and from 1 p.m. respective districts, and their author- to 7 p.m., during the period of February ized assistants. The location of these 15 through October 15 each year; and Engineer Districts, and the limits of from 8 a.m. to 12 noon, and from 1 p.m. their jurisdiction, are as follows: to 6 p.m., during the remaining months of each year. During the above hours (1) U.S. District Engineer, Mobile, Ala. and periods the lock shall be opened The St. Marks River, Fla., to the Pearl upon demand for the passage of vessels. River, Mississippi and Louisiana; and (b) The owner of or agency control- the Gulf Intracoastal Waterway from ling the lock shall place signs, of such Apalachee Bay, Fla., to mile 36.4 east size and description as may be des- of Harvey Lock. ignated by the District Engineer, U.S. (2) U.S. District Engineer, Vicksburg, Army Engineer District, Jacksonville, Miss. The Pearl River and its tribu- Fla., at each side of the lock indicating taries, Mississippi and Louisiana. the nature of the regulations in this (3) U.S. District Engineer, New Orleans, section. La. From Pearl River, Mississippi and [30 FR 6161, May 1, 1965] Louisiana, to Sabine River, Louisiana and Texas; and the Gulf Intracoastal § 207.180 All waterways tributary to Waterway from mile 36.4 east of Harvey the Gulf of Mexico (except the Mis- Lock, to mile 266 west of Harvey Lock. sissippi River, its tributaries, South and Southwest Passes and the (4) U.S. District Engineer, Galveston, Atchafalaya River) from St. Marks, Tex. The Sabine River, Louisiana and Fla., to the Rio Grande; use, admin- Texas, to the Rio Grande, Tex.; and the istration, and navigation. Gulf Intracoastal Waterway from mile (a) The regulations in this section 266 west of Harvey Lock, to Browns- shall apply to: ville, Tex. (1) Waterways. All navigable waters of (c) [Reserved] the U.S. tributary to or connected by (d) Locks and floodgates. (1) The term other waterways with the Gulf of Mex- ‘‘lock’’ as used in this section shall in- ico between St. Marks, Fla., and the clude locks, floodgates, and appur- Rio Grande, Tex. (both inclusive), and tenant structures, and the area des- the Gulf Intracoastal Waterway; except ignated as the lock area including the the Mississippi River, its tributaries, lock approach channels. South and Southwest Passes, and the Atchafalaya River above its junction (2) Authority of lockmasters. The term with the Morgan City-Port Allen ‘‘lockmaster’’ as used in this section Route. means the official in charge of oper- (2) Locks and floodgates. All locks, ating a lock or floodgate. The floodgates, and appurtenant structures lockmaster is responsible for the im- in the waterways described in para- mediate management and control of graph (a)(1) of this section.

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the lock and lock area and for the en- in paragraphs (d) (3) and (4) of this sec- forcement of all laws, rules, and regu- tion. lations for the use of the lock. He is au- (6) Precedence at locks. The order of thorized to give all necessary and ap- precedence for locking is: propriate orders and instructions to (i) U.S. Government vessels, pas- every person in the lock area, whether senger vessels, commercial vessels, navigating the lock or not; and no one rafts, and pleasure craft. shall cause any movement of any ves- (ii) The vessel arriving first at a lock sel within the lock area unless in- will be locked through first. When ves- structed to do so by the lockmaster or sels approach simultaneously from op- his duly authorized assistants. The posite directions, the vessel approach- lockmaster may refuse passage ing at the same elevation as the water through the lock to any vessel which, in the lock chamber will be locked in his judgment, fails to comply with through first. In order to achieve the the regulations of this section. most efficient utilization of the lock, (3) Sound signals. Vessels desiring the lockmaster is authorized to depart passage through a lock shall notify the from the normal order of locking prec- lockmaster by three long and distinct edence, stated in paragraph (d)(6)(i) of blasts of a horn, whistle, or calls this section, as in his judgment is war- through a megaphone, when within a ranted. reasonable distance from the lock. (iii) The lockage of pleasure boats, When the lock is ready for entrance, houseboats, or like craft may be expe- the lockmaster shall reply with three dited by locking them through with long blasts of a horn, whistle, or calls commercial craft (other than vessels through a megaphone. When the lock is carrying dangerous cargoes, as de- not ready for entrance, the lockmaster scribed in 46 CFR part 146). If, after the shall reply by four or more short, dis- arrival of such craft, no combined lock- tinct blasts of a horn, whistle, or calls age can be made within reasonable through a megaphone (danger signal). time, not to exceed three other Permission to leave the lock shall be lockages, then separate lockage shall indicated by the lockmaster by one be made. long blast. (7) Entrance to and exits from locks. No (4) Visual signals. Signal lights and vessel or tow shall enter or exit from a discs shall be displayed at all locks as lock before being signaled to do so. follows: While awaiting turn, vessels or tows (i) From sunset to sunrise. One green must not obstruct navigation and must light shall indicate the lock is open to remain at a safe distance from the approaching navigation; one red light lock, taking position to the rear of any shall indicate the lock is closed to ap- vessel or tows that precede them; and proaching navigation. rearranging the tow for locking in sec- (ii) From sunrise to sunset. Large tions, if necessary. Masters and pilots discs, identical in color and number to of vessels or tows shall enter or exit the light signals prescribed in para- from a lock with reasonable prompt- graph (d)(4)(i) of this section will be ness after receiving the proper signal. displayed from a mast on or near the Appropriate action will be taken to in- lock wall. sure that the lock approaches are not (5) Radiophone. Locks will moior obstructed by sections of a tow either continously VHF—Channel 14 (‘‘Safety awaiting lockage or already locked and Calling’’ Channel) and/or AM–2738 through. Masters of vessels shall pro- kHz for initial communication with vide sufficient men to assist in the vessels. Upon arrival at a lock, a vessel locking operation when deemed nec- equipped with radio-phone will imme- essary by the lockmaster. Care shall be diately advise the lock by radio of its taken to insure prompt and safe pas- arrival so that the vessel may be sage of the vessel without damage to placed on proper turn. Information the structure. transmitted or received in these com- (8) Lockage and passage of vessels. Ves- munications shall in no way affect the sels or tows shall enter and exit from requirements for use of sound signals locks under sufficient control to pre- or display of visual signals, as provided vent damage to the lock, gates, guide

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walls, fenders, or other parts of the sories or controls will be operated un- structure. Vessels shall be equipped less under his direction. with and use suitable fenders and ade- (13) [Reserved] quate lines to protect the lock and to (14) Lockage of rafts. Rafts shall be insure safe mooring during the locking locked through as directed by the operation. Vessels shall not meet or lockmaster. No raft will be locked that pass anywhere between the gate walls is not constructed in accordance with or fender system or in the approaches the requirements stated in paragraph to locks. (f) of this section. The person in charge (9) Vessels prohibited from locks. The of a raft desiring lockage shall register following vessels shall not be per- with the lockmaster immediately upon mitted to enter locks or approach arriving at the lock and receive in- channels: structions for locking. (i) Vessels in a sinking condition. (e) Waterways. (1)–(5)(i) [Reserved] (ii) Vessels leaking or spilling cargo. (ii) Algiers Canal between the Mis- (iii) Vessels not having a draft of at sissippi River and Bayou Barataria, least three (3) inches less than the La., and on Harvey Canal, Gulf Intra- depth over the sills or breast walls. coastal Waterway, mile 0 to mile 6 (iv) Vessels having projection or WHL, tows 74 feet in width will be al- cargo loaded in such a manner that is lowed. Tows in excess of 55 feet wide liable to damage the structure. desiring to move over Algiers Canal or (v) Vessels having chains, links, or Harvey Canal will obtain clearance drags either hanging over the sides or from the lockmaster at Algiers Lock or ends or dragging on the bottom for Harvey Lock, respectively, before en- steering or other purposes. tering the canal. Overwidth tows will (vi) Vessels containing flammable or report clearing Algiers or Harvey Canal dangerous cargo must have the hatch to the respective lockmaster and will covers in place and securely fastened. rearrange tows to conform to pre- (10) Number of lockages. Tows locking scribed dimensions immediately upon in sections will generally be allowed leaving the canal. The lockmaster will only two consecutive lockages if other withhold permission for additional vessels are waiting for lockage unless tows over 55 feet wide until all pre- otherwise decided by the lockmaster. If viously authorized tows moving in the other tows are waiting above and below opposite direction have cleared the wa- a lock, lockages will be made both terway. ways alternately whenever practicable. (iii)–(vi) [Reserved] (11) Mooring in locks. (i) When in a lock, vessels and tows shall be moored (vii) Vessels or tows shall not navi- where directed by the lockmaster by gate through a drawbridge until the bow, stern, and spring lines to the movable span is fully opened. snubbing posts or hooks provided for (6) Projections from vessels. Vessels or that purpose, and lines shall not be let tows carrying a deck load which over- go until the signal is given for the ves- hangs or projects over the side, or sel to exit. Tying to the lock ladders is whose rigging projects over the side, so prohibited. as to endanger passing vessels, (ii) Mooring near the approaches to wharves, or other property, shall not locks is prohibited except when the enter or pass through any of the nar- vessels or tows are awaiting lockage. row parts of the waterway without (12) Lock operating personnel. Vessels prior approval of the District Engineer. and tows using the locks may be re- (7) Meeting and passing. Passing ves- quired to furnish personnel to assist in sels shall give the proper signals and locking through; however, the oper- pass in accordance with the Federal ation of the structure is the responsi- Rules of the Road. At certain intersec- bility of the lockmaster, and personnel tions where strong currents may be en- assisting in the lockage of the vessels countered, sailing directions may be and tows will follow the direction of issued through navigation bulletins or the appropriate official on duty at the signs posted on each side of the inter- lock. No gates, valves or other acces- section.

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(f) Rafts. The navigation regulations pairs in the vicinity of locks so long as in this paragraph shall apply fully to navigation is not impeded thereby. the movement of rafts. (j) Liability. The regulations of this (1) Rafts will be permitted to navi- section will not affect the liability of gate a waterway only if properly and the owners and operators of vessels for securely assembled. Each raft shall be any damage caused by their operations so secured as to prevent the loss or to the waterway or to the structures sinking of logs. therein. (2) All rafts shall carry sufficient men to enable them to be managed [36 FR 8866, May 14, 1971, as amended at 37 FR 26419, Dec. 12, 1972; 42 FR 57961, Nov. 7, properly. It will be the responsibility of 1977; 48 FR 6707, Feb. 15, 1983; 54 FR 6519, Feb. the owner to remove logs from the wa- 13, 1989; 56 FR 13765, Apr. 4, 1991] terway that have broken loose from the raft. § 207.185 Taylors Bayou, Tex., Beau- (3) Building, assembling, or breaking mont Navigation District Lock; use, up of a raft within a waterway may be administration, and navigation. permitted; however, the work must be (a) Between March 15 and September done in an area that will not restrict 15 each year, pleasure boats, house- the use of the waterway by other users. boats, and other craft not employed for The work area must be cleared of loose commercial purposes, will be locked logs so that they will not enter the wa- through only at 6:00 and 11:45 a.m., and terway and become a hazard to naviga- 6:30 p.m., except in cases of emergency; tion. but whenever a lockage is made for a (g) Damage. Should any damage be commercial boat, other craft may like- done to a revetment, lock, floodgates, wise pass through if there is room in bridge, or other federally owned or op- the lock. At all other times lockages erated structure, the master of the ves- shall be made in accordance with sel shall report the accident to the § 207.180. nearest lockmaster or bridgetender as (b) The lock tender or one in charge soon as possible after the accident. of the lock shall be the judge as to Damage to aids to navigation and to whether the boat presenting itself for nonfederally owned bridges must be re- lockage is a commercial or pleasure ported to the Commander, Eighth boat. Coast Guard District, New Orleans, La. (h) Marine accidents. Masters, mates, [4 FR 1719, Apr. 29, 1939] pilots, owners, or other persons using the waterways covered by this section § 207.187 Gulf Intracoastal Waterway, shall report to the District Engineer at Tex.; special floodgate, lock and the earliest possible date any accident navigation regulations. on the waterway which causes any ves- (a) Application. The regulations in sel to become an obstruction to naviga- this section shall apply to the oper- tion. The information to be furnished ation of the Brazos River Floodgates the District Engineer shall include the and the Colorado River Locks at Mile name of the vessel, its location, and 400.8 and Mile 441.5, respectively, west the name and address of the owner. The of Harvey Lock, La., on the Gulf Intra- owner of a sunken vessel shall properly coastal Waterway, and navigation of mark the vessel as soon as practicable the tributary Colorado River Channel after sinking. in the vicinity of said locks. (i) Trespass on U.S. property. (1) Tres- (b) Definitions. The term current pass on or injury to waterway property means the velocity of flow of water in of the United States is prohibited. No the river. It is expressed in statute business, trading, or landing of freight, miles per hour. The term ‘‘head dif- will be allowed on Government prop- ferential’’ means the difference meas- erty without permission of the District ured in feet between the water level in Engineer. the river and that in the waterway (2) The District Engineer may estab- when the floodgates or lock gates are lish policy pertaining to mooring, ex- closed. The term ‘‘Lockmaster’’ means changing crews, loading and unloading the official in charge of the floodgates supplies, and making emergency re- or locks.

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(c) Operation of floodgates and locks— (4) Mooring facilities. Mooring facili- (1) Unlimited passage. The floodgates ties located on both banks of the Gulf and locks shall be opened for the pas- Intracoastal Waterway on the ap- sage of single vessels and towboats proaches to the floodgates and locks with single or multiple barges when are for the mooring of vessels when the the current in the river is less than 2 floodgates or locks are closed to navi- miles per hour and the head differen- gation or tows are limited to single tial is less than 0.7 foot. When the head barges. Vessels awaiting passage shall differential is less than 0.7, the Colo- be moored parallel to the bank and as rado River locks shall normally be op- close to the bank as possible. Barges erated as floodgates, using only the shall be moored fore and aft with two riverside gates of each lock. lines, each to a separate mooring facil- (2) Limited passage. When the current ity. Beaching of vessels in lieu of moor- in either river exceeds 2 miles per hour ing them is prohibited. The mooring fa- or the head differential at the Brazos cilities are numbered and vessels mak- River floodgates is between the limits ing fast to them shall notify the of 0.7 foot and 1.8 feet, both inclusive, Lockmaster giving the number of each or the head differential at the Colorado facility being used. River locks is 0.7 foot or greater, pas- (5) [Reserved] sage shall be afforded only for single (6) Communication—(i) Radio. The vessels or towboats with single loaded floodgates and locks are equipped with barges or two empty barges. When two short wave radio equipment transmit- barges are rigidly assembled abreast of ting and receiving on VHF—FM Chan- each other and the combined width of nels 12, 13, 14 and 16. Call letters for the both together is 55 feet or less, they floodgates are WUI 411 and for the shall be considered as one barge. Each locks are WUI 412. section of an integrated barge shall be (ii) Telephone. The floodgates and considered as one barge, except when it locks are equipped with telephone fa- is necessary to attach a rake section to cilities. The floodgates may be reached a single box section to facilitate pas- by phoning Freeport, Tx, 713–233–1251; sage, the two sections shall be consid- the locks may be reached by phoning ered as one barge. It shall be the re- Matagorda, Tx, 713–863–7842. sponsibility of the master, pilot or (7) Arrival posts. Arrival posts 10 feet other person in charge of a vessel to de- high and 10 inches in diameter have termine whether a safe passage can be been established on the approaches to effected, give due consideration to the the locks and floodgates. They are vessel’s power and maneuverability, painted with alternate horizontal and prevailing current velocity, head bands of red and white 3 inches wide. differential, weather and visibility. If Arrival at the floodgates or locks shall conditions are not favorable, passage be determined as provided in paragraph shall be delayed until conditions im- (d)(4) of § 207.180. prove and a safe crossing is assured. (d) Navigation of the Colorado River (3) Gate closures. The Brazos River Channel—(1) Traffic signals. (i) Light Floodgates shall be closed to naviga- and sound signals directed both up- tion when the head differential exceeds stream and downstream on the Colo- 1.8 feet. The Colorado River Locks rado River are mounted on top of a gal- shall be closed to navigation when the vanized skeleton steel tower 85 feet current in the river exceeds a critical high located on the northeast point of velocity as determined by the District land at the Gulf Intracoastal Waterway Engineer, U.S. Army Engineer District, crossing of the river. They will be oper- Galveston, Tex. The Brazos River ated from the control house of the East Floodgates or the Colorado River Lock of the Colorado River Locks to Locks shall be closed to navigation direct the interchange of traffic in the when in the opinion of said District En- Colorado River and the Gulf Intra- gineer it is required for the protection coastal Waterway. of life and property, or it is to the ad- (ii) Vessels navigating the Colorado vantage of the Government to permit River and desiring passage either up- uninterrupted emergency or mainte- stream or downstream through the nance operations, including dredging. crossing, or into the crossing and

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through a lock into the Gulf Intra- § 207.200 Mississippi River below coastal Waterway, shall give notice to mouth of Ohio River, including the Lockmaster by two long and dis- South and Southwest Passes; use, tinct blasts of a whistle or horn when administration, and navigation. within a distance of not more than one- (a) Mississippi River bank protection half mile nor less than one-fourth mile works provided by United States. Except from the Gulf Intracoastal Waterway in case of great emergency, no vessel or crossing. When the locks and the cross- craft shall anchor over revetted banks ing are clear of vessels, the of the river, and no floating plant other Lockmaster shall reply by two long than launches and similar small craft and distinct blasts of a whistle or horn shall land against banks protected by and display a green light from the sig- revetment except at regular commer- nal tower indicating that the vessel in cial landings. In all cases, every pre- caution to avoid damage to the revet- the river may proceed across the cross- ment works shall be exercised. The ing or into the main stem of the Gulf construction of log rafts along Intracoastal Waterway either east- mattressed or paved banks or the tying bound or westbound. When there are up and landing of log rafts against such vessels in the river crossing or in the banks shall be performed in such a locks, the Lockmaster shall reply by manner as to cause no damage to the four or more short blasts of a whistle mattress work or bank paving. Gen- or horn (danger signal) and display a erally, mattress work extends out into red light from the signal tower indi- the river 600 feet from the low water cating the vessel in the river shall wait line. Information as to the location of at least a quarter of a mile from the revetted areas may be obtained from, crossing for clearance. When the locks and will be published from time to and crossing are clear of vessels, the time by, the District Engineers, Corps lockmaster shall indicate to the wait- of Engineers, New Orleans, Louisiana, ing vessel by two long and distinct Vicksburg, Mississippi, and Memphis, blasts of a whistle or horn and display Tennessee, and the President, Mis- of a green light from the signal tower sissippi River Commission, Vicksburg, indicating that the vessel may proceed Mississippi. across the crossing or into the main (b) Mississippi River below Baton stem of the Gulf Intracoastal Water- Rouge, La., including South and South- way either eastbound or westbound. west Passes—(1) Supervision. The use, During periods when the red light may administration, and navigation of the waterways to which this paragraph ap- be obscured by fog, mist, or rain, an plies shall be under the supervision of audible signal consisting of a long blast the District Engineer, Corps of Engi- followed by a short blast of a whistle or neers, New Orleans, Louisiana. horn, repeated every 30 seconds, shall (2)–(3) [Reserved] be sounded from the signal tower as an (4) Cable and pipeline crossings. Any adjunct to the red light. cable or pipeline crossing or extending (2) Signs. Large signs with silver re- into the waterways shall be marked by flective background and stop sign red large signs with 12-inch black letters letters are erected one-fourth mile up- on a white background readable from stream and downstream from the Gulf the waterway side, placed on each side Intracoastal Waterway on the Colorado of the river near the point where the River. The legend states ‘‘DO NOT cable or pipeline enters the water, and PROCEED BEYOND THIS POINT at a sufficient height to be readable WHEN SIGNAL TOWER LIGHT IS above any obstructions normally to be RED.’’ These signs must be obeyed. expected at the locality such as weeds NOTE: The foregoing regulations are sup- or moored vessels. plementary to the regulations in § 207.180. (5) Marine accidents. Masters, mates, pilots, owners, or other persons using [31 FR 15310, Dec. 7, 1966, as amended at 34 the waterway to which this paragraph FR 15797, Oct. 14, 1969; 48 FR 6707, Feb. 15, applies shall notify the District Engi- 1983] neer by the most expeditious means available of all marine accidents, such

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as fire, collision, sinking, or stranding, shall be performed by the contract lock where there is possible obstruction of operator except that the responsibility the channel or interference with navi- for enforcing all laws, rules and regula- gation or where damage to Government tions shall be vested in an offsite gov- property is involved, furnishing a clear ernment employee designated by the statement as to the name, address, and Vicksburg District Engineer. ownership of the vessel or vessels in- (2) Sound signals. (i) Vessels desiring volved, the time and place, and the ac- passage through a lock in either direc- tion taken. In all cases, the owner of tion shall give notice to the the sunken vessel shall take immediate lockmaster by one long and one short steps properly to mark the wreck. distinct blast of a horn or whistle when [15 FR 3325, May 30, 1950, as amended at 17 not less than three-fourths mile from FR 6594, July 18, 1952; 27 FR 3166, Apr. 3, 1962; the lock. When carrying dangerous 33 FR 10456, July 23, 1968; 42 FR 51773, Sept. cargo, the signal will be one long and 29, 1977; 42 FR 57961, 57962, Nov. 7, 1977] two short blasts of the horn or whistle. When the lock is ready for entrance, § 207.249 Ouachita and Black Rivers, Ark. and La., Mile 0.0 to Mile 338.0 the lockmaster shall reply with one (Camden, Ark.) above the mouth of long blast of a horn or whistle. When the Black River; the Red River, La., the lock is not ready for entrance, the Mile 6.7 (Junction of Red, lockmaster shall reply by four or more Atchafalaya and Old Rivers) to Mile short, distinct blasts of a horn or whis- 276.0 (Shreveport, La.); use, admin- tle (danger signal). Permission to leave istration, and navigation. the lock shall be indicated by the (a) [Reserved] lockmaster by one short blast. A dis- (b) Locks—(1) Authority of lockmasters. tinct blast is defined as a clearly audi- (i) Locks staffed with Government per- ble blast of any length. A long blast sonnel. The lockmaster shall be means a blast of from 4 to 6 seconds’ charged with the immediate control duration. A short blast is of about 1 and management of the lock and of the second’s duration. area set aside as the lock area, includ- (ii) Vessels that are not equipped ing the lock approach channels. He with a sound signal desiring passage shall insure that all laws, rules, and through a lock shall give notice to the regulations for the use of the lock and lockmaster by one long blast of the lock area are duly complied with, to horn located at either end of the lock which end he is authorized to give all wall. The horn may be activated by necessary orders and directions in ac- pulling the properly marked chain or cordance therewith both to employees rope hanging from the horn down to of the Government and to any and the water surface. One long blast every person within the limits of the lock or lock area, whether navigating means a blast of from 4 to 6 seconds’ the lock or not. No one shall cause any duration. movement of any vessel or other float- (3) Visual signals. Signal lights will be ing thing in the lock or approaches ex- displayed outside each lock gate to cept by or under the direction of the supplement the sound signals, as fol- lockmaster or his assistants. For the lows: purpose of the regulations in this sec- (i) One green light to indicate that tion, the ‘‘lock area’’ is considered to the lock is open to approaching naviga- extend from the downstream to the up- tion. stream arrival posts. (ii) One red light to indicate that the (ii) Locks staffed with contract per- lock is not open to approaching naviga- sonnel. Contract lock operators shall tion. Vessels shall stand clear. give all necessary orders and direction (iii) Navigation over the dam is pos- for operation of the locks. No one shall sible during high water. When this con- cause any movement of any vessel or dition exists, a continuous flashing red other floating object in the locks or ap- light, visible upstream and down- proaches except by or under the direc- stream, will be displayed to indicate tion of the contract lock operator. All that traffic will bypass the lock and duties and responsibilities of the pass over the dam on the Ouachita and lockmasters set forth in this section Black Rivers.

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(iv) A navigation pass is not provided required for three other lockages, then as part of the Red River Locks and Dams. separate lockages shall be made. Dan- When water levels rise to within 2 feet gerous cargoes are described in 46 CFR of the top of the lock walls, operation part 146. of the locks will cease until the water (iii) Vessels, tows, or rafts navigating level falls below this level. These on the Ouachita and Black Rivers with stages can reasonably be expected to overall dimensions greater than 80 feet occur once in 10 years. No vessel, tow, wide, 600 feet long, and 9 feet draft, or or raft shall attempt to navigate over tows or rafts requiring breaking into the lock or other structures at high two or more sections to pass through river stages. United States Coast the lock may transit the lock at such Guard radiotelephone broadcasts and time as the lockmaster determines U.S. Army Corps of Engineers naviga- that they will neither unduly delay the tion bulletins should be monitored for transit of craft of lesser dimensions, information on lock operations. nor endanger the lock structure and (4) Radiotelephone. Two-way radio appurtenances because of wind, cur- equipment is provided at all locks. The rent, or other adverse conditions. ‘‘Safety and Calling’’ channel (Channel These craft are also subject to such 16, frequency of 156.8 mhz), will be mon- special handling requirements as the itored at all times for initial commu- lockmaster finds necessary at the time nication with vessels. Information of transit. transmitted or received in these com- (iv) The maximum dimensions on the munications shall in no way affect the Red River Waterway of a vessel tow at- requirements for the use of sound sig- tempting to pass through the lock dur- nals or display of visual signals as pro- ing normal pool stages in a single pas- vided in paragraphs (b)(2) and (3) of this sage are 80 feet wide, 705 feet long, and section. 9 feet draft. Tows requiring breaking (5) Precedence at locks. (i) The vessel into two or more sections to pass arriving first at a lock will be first to through the lock may transit the lock lock through. In the case of vessels ap- at such times as the lockmaster/lock proaching the lock simultaneously operator determines that they will nei- from opposite directions, the vessel ap- ther unduly delay the transit of craft proaching at the same elevation as the of lesser dimensions, nor endanger the water in the lock chamber will be lock structure and appurtenances be- locked through first. Precedence shall cause of wind, current, or other adverse be given to vessels belonging to the conditions. These craft are also subject United States, passenger vessels, com- to such special handling requirements mercial vessels, rafts, and pleasure as the lockmaster/lock operator finds craft, in the order named. Arrival posts necessary at the time of transit. or markers will be established ashore (6) Entrance to an exit from locks. No above and below the locks. Vessels ar- vessel or raft shall enter or leave locks riving at or opposite such posts or before being signaled to do so. While markers will be considered as having waiting their turn, vessels or rafts arrived at the lock within the meaning must not obstruct navigation and must of this paragraph (b)(5). The remain at a safe distance from locks. lockmaster may prescribe such depar- Before entering a lock they shall take ture from the normal order of prece- position in the rear of any vessels or dence stated above, as in his judgment, rafts that precede them, and there ar- is warranted under prevailing cir- range the tow for locking in sections if cumstances to achieve best lock utili- necessary. Masters and pilots of vessels zation. or persons in charge of rafts shall cause (ii) The lockage of pleasure boats, no undue delay in entering or leaving houseboats, or like craft may be expe- locks upon receiving the proper signal. dited by locking them through with They shall take such action as will in- commercial craft (other than barges sure that the approaches are not at any carrying dangerous cargoes). If, after time unnecessarily obstructed by parts the arrival of such craft, no combined of a tow awaiting lockage or already lockage can be accomplished within a passed through. They shall provide suf- reasonable time, not to exceed the time ficient men to move through locks

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promptly without damage to the struc- age in the same direction, no part of tures. Vessels or tows shall enter locks one shall pass the lock until the whole with reasonable promptness after being of the one preceding it shall have signaled to do so. passed. (7) Lockage and passage of vessels. (i) (9) Mooring. (i) Vessels and rafts when Vessels shall enter and leave locks in a lock shall be moored where di- under such control as to prevent any rected by the lockmaster by bow, damage to the locks, gates, guide stern, and spring lines to the bitts pro- walls, guard walls, and fenders. Vessels vided for that purpose and lines shall shall be provided with suitable lines not be let go until the signal is given and fenders, shall always use fenders to for the vessel or raft to leave. Tying to protect the walls and gates, and when the lock ladders is prohibited. locking at night shall be provided with (ii) The mooring of vessels or rafts suitable lights and use them as di- near the approaches to locks except rected. Fenders on vessels shall be water-soaked or otherwise fire proofed while waiting for lockage, or at other before being utilized in the lock or ap- places in the pools where such mooring proaches. Vessels shall not meet or interfers with general navigation, is pass each other anywhere between the prohibited. guide walls or fender system at the ap- (10) Operating locks. The lock gates, proaches to locks. valves, and accessories will be moved (ii) Vessels which do not have a draft only under the direction of the of at least 2 feet less than the depth lockmaster; but, if required, all vessels over sills, or which have projections and rafts using the locks shall furnish liable to damage gates, walls, or fend- ample help on the lock walls for han- ers, shall not enter the approaches to dling lines under the direction of the or pass through locks. Information lockmaster. concerning depth over sills may be ob- (c) Trespass on U.S. property. Trespass tained from the lockman on duty. on lock grounds or other waterway (iii) Vessels having chains, lines, or property or injury to the banks, lock drags either hanging over the sides or entrances, locks, cribs, dams, piers, ends or dragging on the bottom for fences, trees, buildings, or any other steering or other purposes will not be property of the United States per- permitted to pass locks or dams. taining to the waterway is strictly pro- (iv) Towing vessels shall accompany hibited. No landing of freight, pas- all tows or partial tows through locks. sengers, or baggage will be allowed on (v) No vessel whose cargo projects be- or over Government piers, lock walls, yond its sides will be admitted to lock- guide or guard walls, except by permis- age. sion of the lockmaster. No person ex- (vi) Vessels in a sinking condition cept employees of the United States or shall not enter locks or approaches. persons assisting with the locking op- (vii) The lockmaster may refuse to erations under the direction of the lock vessels which in his judgment fail lockmaster will be allowed on the dam, to comply with the regulations in this lock walls, guide walls, guard walls, paragraph. abutments, or appurtenant structures. (viii) This section shall not affect the liability of the owners and operators of (d) Vessels to carry regulations. A copy boats for any damage caused by their of the regulations in this section shall operations to locks or other structures. be kept at all times on board each ves- (8) Number of lockages. Tows or rafts sel regularly navigating the waterways locking in sections will generally be al- to which the regulations in this section lowed only two consecutive lockages if apply. Copies may be obtained free of individual vessels are waiting for lock- charge at any of the locks or from the age, but may be allowed more in spe- Vicksburg District Engineer, Vicks- cial cases. If tows or rafts are waiting burg, Mississippi, upon request. above and below a lock for lockage, [37 FR 14778, July 25, 1972, as amended at 52 sections will be locked both ways alter- FR 18235, May 14, 1987; 52 FR 34775, Sept. 15, nately whenever practicable. When two 1987; 56 FR 13765, Apr. 4, 1991; 63 FR 24428, or more tows or rafts are waiting lock- May 4, 1998]

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§ 207.260 Yazoo Diversion Canal, Latitude 32°20′12″, Longitude 90°53′41″, Vicksburg, Miss., from its mouth at which is approximately 750 feet from Kleinston Landing to Fisher Street; the mouth of the canal. When tied up, navigation. boats, barges, or rafts shall be moored (a) Signals. Vessels navigating the by bow and stern lines parallel to the canal will be governed by the Pilot bank and as close in as practicable. Rules for Western Rivers (rivers Lines shall be secured at sufficiently emptying into the Gulf of Mexico and close intervals to insure the vessel or their tributaries) prescribed by the raft will not be drawn away from the U.S. Coast Guard. (See part 95 of this bank by winds, current, or other pass- title.) 1 ing vessels. No vessel or raft shall be (b) Rafts. Rafts will be permitted to moored along the banks of the canal navigate the canal only if properly and for a period longer than five (5) cal- securely assembled. Each section of a endar days without written permission raft shall be so secured within itself as from the District Engineer, Corps of to prevent the sinking of any log, and Engineers, Vicksburg District Office, so fastened with chains or wire rope 4155 E. Clay St., Vicksburg, Mississippi that it cannot be separated or bag out 39180–3435. or materially change its shape. All (d) [Reserved] logs, chains, and other means used in (e) Refuse in canal. No person shall assembling rafts shall be in good condi- roll or throw any stones, ashes, cin- tion and of ample size and strength to ders, barrels, logs, log butts, sawdust, accomplish their purpose. No section of shavings, refuse, or any other material a raft will be permitted to be towed un- into the canal or the approach thereto, less the logs float sufficiently high in or place any such material on the bank the water to make it evident that the or berm so that it is liable to be rolled, section will not sink en route. Rafts thrown, or washed into the canal. shall not be of greater dimensions than (f) Preservation of works of improve- 50 feet wide by 600 feet long, and if ment. Masters and pilots of all craft longer than 300 feet they shall be han- using the canal shall avoid damaging dled by two tugs; and in all cases they any revetment, dike, floodwall, or must be handled by sufficient tug other work of improvement placed in power to make headway and guide the or adjacent to the canal. They shall raft so as to give half the channel to not disturb any gages or marks set as passing vessels. aids to navigation in the canal or ap- (c) Mooring. At stages below 20 feet proaches thereto. on the Vicksburg Gage, no vessel or (g) Fairway. A clear channel not less raft shall be moored along the west than 175 feet wide as established by the bank of the canal between points Lati- District Engineer shall be left open at tude 32°21′16″, Longitude 90°53′05″ and all times to permit free and unob- Latitude 32°20′55″, Longitude 90°53′18″, structed navigation by all types of ves- which is approximately 1200 feet above sels. and 1200 feet below the public boat launch (foot of Clay Street) at Vicks- [13 FR 9562, Dec. 31, 1948; 42 FR 57962, Nov. 7, burg City Front. No vessel or raft shall 1977, as amended at 63 FR 24428, May 4, 1998] be moored along the west bank of the canal at any stage from the mouth of § 207.270 Tallahatchie River, Miss., be- the Yazoo Diversion Canal where it en- tween Batesville and the mouth; ters into the Mississippi River to Lati- logging. tude 32°20′21″, Longitude 90°53′44″, which (a) The floating of ‘‘sack’’, rafts, or of is approximately 1200 feet from the loose timbers, logs, or cribs is prohib- mouth of the canal. No vessel or raft ited. shall be moored along the east bank of (b) Rafts shall be made up of logs par- the canal at any stage from the mouth allel with each other, secured, and held of the Yazoo Diversion Canal where it closely together by cross sticks, enters into the Mississippi River to chains, or cables placed across each crib and at the joints between cribs. No 1 Part 95 was removed by CGD 82–029, 47 FR raft shall be over 60 feet wide or 800 19519, May 6, 1982. feet long.

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(c) In rafting nonbuoyant timber plies shall be under the direction of the each crib must contain self-buoyant officers of the Army Corps of Engi- logs in such proportion of ‘‘floaters’’ to neers, detailed in charge of the respec- ‘‘sinkers’’ as will safely float the tive districts, and their authorized as- whole; and in assembling such cribs, sistants. The cities in which these dis- extra strong connections must be used trict engineers are located, and the to prevent the breaking up of a crib or limits of their jurisdictions, are as fol- the detachment of individual logs. lows: (d) No raft shall be moved at river (1) District Engineer, U.S. Army Engi- stages less than that corresponding to neer District, Little Rock, Arkansas. 4 a reading of 3 ⁄10 feet on the U.S. From Mississippi River, Arkansas, to Weather Bureau gage at Greenwood, Arkansas-Oklahoma State line at Fort Miss. Smith, Arkansas. (e) A raft in transit must be accom- panied by sufficient men, or by power (2) District Engineer, U.S. Army Engi- boats of sufficient capacity to properly neer District, Tulsa, Oklahoma. From Ar- manage the movement of the raft and kansas-Oklahoma State line at Fort to keep it from being an obstruction to Smith, Arkansas, to Catoosa, Okla- other craft navigating the river, or homa. from forming jams at bridges. (c) Authority of lockmasters. The (f) Rafts in transit must be so float- lockmaster shall be charge with the ed, and when not in transit be so tied immediate control and management of to the bank, as not to interfere with the lock and of the area set aside as the passage of boats. the lock area. The lockmaster shall en- (g) When rafts are left with no one in sure that all laws, rules, and regula- attendance they must be securely tied tions for the use of the lock and lock at each end and at as many inter- area are duly complied with, to which mediate points as will prevent them end he/she is authorized to give all nec- from bagging into the stream. When essary orders and directions both to left at night a white light shall be ex- employees of the Government and to posed at each end of the raft. any person within the limits of the (h) This section shall apply to the lock area, whether navigating the lock portion of the Tallahatchie River, or not. No one shall cause any move- Miss., between Batesville, Panola ment of any vessel or other floating County, Miss., and the mouth. thing in the lock area except by or [Regs. Feb. 18, 1918, as amended at 25 FR 8908, under the direction of the lockmaster. Sept. 16, 1960] Failure to comply with directions given by the lockmaster pursuant to § 207.275 McClellan-Kerr Arkansas the regulations in this section may re- River navigation system: use, ad- ministration, and navigation. sult in refusal of lockage. For the pur- pose of the regulations in this section, (a) Applicability of regulations. These the ‘‘lock area’’ is considered to be be- regulations apply to all locks and ap- tween the upstream and downstream purtenant structures, wharves, and arrival points. The district engineer other Corps of Engineers structures in the following waterways: The White may extend the limits of the lock area River between Mississippi River and consistent with the safe and efficient Arkansas Post Canal, Arkansas; Ar- use of the waterway. kansas Post Canal, Arkansas; Arkansas (d) Precedence at locks. (1) Precedence River between Dam No. 2, Arkansas, shall be given to vessels owned by the and Verdigris River, Oklahoma; Verdi- United States, licensed commercial gris River between Arkansas River and passenger vessels operating on a pub- Catoosa, Oklahoma; and reservoirs on lished schedule or regularly operating these waterways between Mississippi in the ‘‘for hire’’ trade, commercial River, Arkansas, and Catoosa, Okla- tows, rafts, and pleasure craft, in the homa. order named. Precedence being equal, (b) Authority of district engineers. The the first vessel to arrive at a lock will use, administration, and navigation of normally be the first to lock through; the structures to which this section ap- however, the lockmaster may depart

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from this procedure to achieve opti- (3) Fenders shall be water-soaked or mum utilization of the lock or in ac- otherwise spark proofed. cordance with the order of precedence (4) Smoking, open flames, chipping, stated above and in paragraphs (d)(2) or other spark producing activity are and (h) of this section. Arrival points prohibited in the ‘‘lock area.’’ have been established ashore upstream (5) Simultaneous lockage of other and downstream of the locks. Vessels vessels with vessels carrying dangerous arriving at these markers or the moor- cargoes or containing flammable va- ing cells immediately upstream and pors shall normally not be permitted. if downstream of the lock will be consid- significant delays are occurring at a ered as having arrived at the lock with- lock, such simultaneous lockages, ex- in the meaning of this subparagraph. cept with pleasure craft, may be per- (2) Vessels or tows, with overall di- mitted by the lockmaster, when he/she mensions greater than 105 feet wide or determines such action safe and appro- 595 feet long may transit the lock at priate, provided: such time as the lockmaster deter- (i) The first vessel entering or the mines that they will neither unduly last vessel exiting shall be secured be- delay the transit of craft of lesser di- fore the other enters or leaves. mensions, nor endanger the lock struc- (ii) All masters involved have agreed ture and appurtenances because of to the joint use of the lock. wind, current, or other adverse condi- (g) General locking procedures. (1) In tions. These craft are also subject to case two or more boats or tows are to such special handling requirements as enter for the same lockage, their order the lockmaster deems necessary at the of entry and exit shall be determined time of transit. by the lockmaster. (e) Safety rules for vessels using naviga- (2) Tows entering a lock shall come tion locks. (1) Leaking vessels may be to a complete stop at a point des- excluded from the locks. ignated by the district engineer before (2) Smoking, open flames, and activi- proceeding to the mooring position. ties capable of producing a flammable (3) When entering or exiting locks, atmosphere such as painting will not tow speeds shall not exceed 200 feet per be permitted in the lock chamber. minute (rate of slow walk) or the rate (3) All deckhands handling lines dur- of travel whereby the tow can be ing locking procedures shall wear a stopped by checking should mechanical personal flotation device. difficulties develop. When navigating (f) Dangerous cargo barges. The fol- over Norrell Dam during high water, lowing rules are prescribed for all tows vessels shall reduce speed to the min- containing dangerous cargoes as de- imum necessary to maintain steerage- fined in Title 46, Code of Federal Regu- way. Pilots should check with the indi- lations. These rules are applicable to vidual lockmasters concerning pre- both loaded barges and empty barges. vailing conditions. It is also rec- (1) All hatches on barges used to ommended that pilots check their abil- transport dangerous cargoes shall be ity to reverse their engines prior to be- closed before the tow enters the lock ginning an approach. Towboat engines area. shall not be turned off in the lock un- (2) Prior to entering the lock area, less authorized by lockmaster. towboat pilots shall furnish the name (4) The sides and ends of all vessels of product, the source of shipment, the passing through any lock shall be free company which made the shipment, from protrusions of any kind which and the consignee. If a towboat is not might damage the lock structure. equipped with a radio or its radio is out (5) All vessels shall be provided with of service, pilots shall furnish this in- suitable fenders. When entering and formation to the lockmaster while the exiting locks, one deckhand, or more if tow is in the lock chamber. The ship- the lockmaster so directs, shall be sta- ping papers required by title 46, Code of tioned at the bow and stern of tows. Federal Regulations, shall be available These deckhands shall maintain their for review by the lockmaster. Lockage stations while tows are moving adja- shall be refused when this information cent to any part of a lock. They shall is not furnished to the lockmaster. protect the lock walls by the use of

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hand-held fenders. In all cases, two through with commercial vessels, ex- deckhands shall be stationed at the cept vessels carrying volatile cargoes bows of tows 100 feet wide or wider or other substances likely to emit when entering locks. They shall remain toxic, flammable, or explosive vapors. at their stations until the bows of such If the lockage of pleasure craft cannot tows pass the recessed miter gates. be accomplished within the time re- (6) Masters and pilots must use every quired for three single lockages, a sep- precaution to prevent unnecessary arate lockage of pleasure craft shall be delay in entering or leaving locks. Ves- made. Pleasure craft operators are ad- sels failing to enter locks with reason- vised that the locks have a pull chain able promptness when signaled to do so located at the end of each river wall shall lose their turn. Rearranging or which signals the lockmaster that switching of barges in the locks or in lockage is desired. approaches is prohibited unless ap- (i) Locking rafts and floating dredge proved or directed by the lockmaster. discharge line. While awaiting lockage, (7) No vessel shall enter a lock unless rafts and tows containing floating its draft is at least two feet less than dredge discharge line shall not obstruct the least depth of water over the sills. the lock approaches. They shall be Information concerning controlling properly and securely assembled to as- depth over sills can be obtained from sure adequate control while entering the lockmaster at each lock or by in- and exiting locks. The passage of loose quiry at the office of the district engi- logs through a lock is prohibited. neer of the district in which the lock is Lockage will be refused to rafts unless located. the logs float sufficiently high to make (8) Vessels awaiting their turn to it evident that the raft will not sink. lock shall be positioned so that they (j) Mooring—(1) At locks. (i) When in will not interfere with vessels leaving the locks, all vessels shall be moored as the lock. However, to the extent prac- directed by the lockmaster. Vessels ticable under the prevailing conditions, shall be moored with bow and stern vessels and tows shall be positioned so lines leading in opposite directions to as to minimize approach time. prevent the vessel from ‘‘running’’ in (9) Number of lockages. (i) Tows or the lock. All vessels will have one addi- rafts locking in sections will generally tional line available on the head of the be allowed only two consecutive tow for emergency use. The pilot of a lockages if other vessels are waiting vessel shall remain at his station in lockage, but may be allowed more in the pilot house and the deckhands shall special cases. No part of a tow shall stand by the mooring lines during the pass a lock until the whole of the one entire locking procedure. When the preceding it shall have passed. The vessel is securely moored, the pilot lockmaster may prescribe a departure shall not cause movement of the pro- from the normal order of precedence to peller except in an emergency or unless achieve the best lock utilization. directed by the lockmaster. Tying to (ii) One deckhand, or more if the lock ladders is strictly prohibited. lockmaster so directs, shall tend the (ii) Mooring of any vessel will not be lines at the bow and stern of each sec- permitted at or between the arrival tion of a tow that transits a lock or points without permission of the moors to the river walls. lockmaster. (10) Vessels shall enter and leave (2) Outside of locks. (i) Vessels over 40 locks under such control as to prevent feet in length shall not land or anchor any damage to the walls and gates. against revetted banks without written (11) Placing or discharging refuse of permission of the district engineer, ex- any description into the lock, on the cept in case of emergency. When an lock walls, on the esplanade, or on any emergency landing is necessary, adja- other government property is prohib- cent locks shall be notified. In all ited. cases, every precaution to avoid dam- (h) Lockage of pleasure craft. In order age to the revetment works shall be ex- to fully utilize the capacity of the lock, ercised. The construction of log rafts lockmasters may expedite the lockage along mattressed or paved banks or the of pleasure craft by locking them tying up and landing of log rafts

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against such banks require the permis- (iv) Five or more short and rapid sion of the district engineer. blasts of the lock horn will be used as (ii) Government mooring facilities at a means of attracting attention, to in- the junction of main stem and sec- dicate caution, or to signal danger. ondary channels are to provide tem- This signal will be used to attract the porary mooring for tows awaiting attention of the masters and crews of transfer of barges to or from ports, vessels using the lock or navigating in docks, or fleeting areas located on the the lock area and to indicate that secondary channels. These facilities something unusual involving danger or shall not be used for storage of barges requiring special caution is happening or fleeting activities. The maximum or is about to happen. When this signal permissible time of mooring at the fa- is given by the lockmaster, the masters cilities shall be determined by the dis- and crews of vessels in the vicinity trict engineer. shall immediately become alert to de- (k) Locking signals. Vessels must ap- termine the reason for the signal and proach the locks with caution and not shall take the necessary steps to cope enter or leave the locks until signaled with the situation. to do so by the lockmaster. (3) Visual signals. Signal lights are (1) Signal by radio. Requests for lock- displayed outside each lock gate to age by radio will be the primary signal supplement the radio and sound sig- for vessels equipped with VHF-FM ra- nals. Vessels will be governed as fol- dios operating in the FCC authorized lows: Maritime Band. District engineers will (i) One flashing green light to indi- advise all known interested parties of cate that the lock is open to approach- the channels available for use in com- ing navigation. municating with the locks. Pilots of (ii) One flashing red light to indicate commercial tows should contact the that the lock is not open to approach- locks at least one-half hour before ar- ing navigation. Vessels shall stand rival in order that they may be in- clear. formed of current river and traffic con- (iii) Flashing amber and green lights ditions that may affect the safe pas- to indicate that one or both lock gates sage of their tows. can not be fully recessed or other un- (2) Sound signals. In addition to radio usual conditions exist. Vessels can communication, the following sound enter the lock with caution. signals are prescribed for use during (iv) In the absence of any of the lockage. Sound signals given by vessels above visual signals, pilots shall signal and locks shall be given by means of a for lockage by radio or horn and wait horn. The term prolonged blast means for the lockmaster to acknowledge a blast of from four to six second’s du- their signal. ration. The term short blast means a (l) Navigation lights on locks and dams. blast of about one second’s duration. (1) The following navigation lights will (i) Vessels desiring a single lockage be displayed at all locks except Norrell shall give notice to the lockmaster by Lock and Lock No. 2 during hours of one prolonged blast of the horn fol- darkness and heavy fog. lowed by one short blast. If a double (i) Three green lights visible through lockage is required, vessels shall give an arc of 360 degrees arranged in a one prolonged blast of the horn fol- vertical line on the end of the up- lowed by two short blasts. These sig- stream river wall. nals are not required from pleasure (ii) Two green lights visible through craft not equipped with horns. Locking an arc of 360 degrees arranged in a procedures for pleasure craft are pre- vertical line on the end of the down- scribed in paragraph (h). stream river wall. (ii) When the lock is ready for en- (iii) A single red light visible through trance, the lockmaster shall give one an arc of 360 degrees on the ends of the prolonged blast of the horn to signal upstream and downstream land walls. permission to enter the lock chamber. (2) The following navigation lights (iii) The lockmaster shall give per- will be displayed at Lock No. 2 during mission to leave the lock chamber by hours of darkness and heavy fog. They one short blast of the horn. shall also be displayed at Norrell Lock

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during hours of darkness and heavy fog United States property pertaining to except when navigation is passing over the locks or dams is strictly prohibited the dam. except in those areas specifically per- (i) Three green lights visible through mitted by the lockmaster. Any person an arc of 360 degrees arranged in a committing a willful injury to any vertical line on the end of the up- United States property or personnel stream river wall. will be prosecuted. (ii) Two green lights visible through (2) No fishing will be permitted from an arc of 360 degrees arranged in a the lock or dam structures. vertical line on the end of the down- (3) No one but employees of the stream river wall. United States shall move any lock ma- (iii) A single red light visible through chinery unless directed by the an arc of 360 degrees on the dolphin lo- lockmaster. Tampering or meddling cated furthest upstream in line with with the machinery or other parts of the land wall and on the dolphin lo- the lock is strictly forbidden. cated furthest downstream in line with (o) Repair and construction of naviga- the land wall. tion structures. To avoid damage to (3) The following navigation lights plant and structures connected with will be displayed at Norrell Lock and the construction or repair of locks and Dam during hours of darkness and dams, vessels passing structures in the heavy fog when navigation is passing process of construction or repair shall over the dam. During daylight hours a reduce their speed and navigate with yellow and black disc will be displayed special caution while in the vicinity of on each end (upstream and down- such work. stream) of the river wall to signal navi- (p) Reporting the navigation incidents. gation over the dam. In furtherance of maintaining naviga- (i) Three red lights visible through an tion safety the following rules are pre- arc of 360 degrees arranged in a vertical scribed for all navigation interests: line on the end of the upstream river (1) Any incident resulting in uncon- wall. trolled barges shall immediately be re- (ii) Two red lights visible through an ported to the nearest lock and the ap- arc of 360 degrees arranged in a vertical propriate U.S. Coast Guard Office. The line on the end of the downstream river report shall include information as to wall. the number of loose barges, their (iii) A single red light visible through cargo, and the time and location where an arc of 360 degrees on the dolphin lo- they broke loose. The lockmaster shall cated furthest upstream in line with be kept informed of the progress being the land wall and on the dolphin lo- made in bringing the barges under con- cated furthest downstream in line with trol so that he/she can initiate what- the land wall. ever actions may be warranted. (iv) A single, flashing blue light visi- (2) Masters, owners, or other persons ble through an arc of 360 degrees lo- using the waterways to which the regu- cated on the end of the dam opposite lations in this section apply shall re- the lock. port to the nearest lockmaster or the (m) Restricted areas at locks and dams. district engineer by the most expedi- All waters immediately above and tious means available all marine acci- below each dam, as posted by the re- dents; such as fire, collision, sinking, spective district engineers, are hereby or grounding, where there is possible designated as restricted areas. No ves- obstruction of the channel or inter- sel or other floating craft shall enter ference with navigation; furnishing a any such restricted area without per- clear statement as to the name, ad- mission of the lockmaster. The limits dress, and ownership of the vessel or of the restricted areas at each dam will vessels involved; the time and place; be determined by the responsible dis- and the action taken. In all cases, the trict engineer and marked by signs in- owner of a sunken vessel shall take im- stalled in conspicuous and appropriate mediate steps to mark the wreck prop- locations. erly. (n) Trespass on lock and dam property. (i) Sunken or sinking barges shall be (1) Trespass on locks or dams or other reported to the nearest lock both

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downstream and upstream of the loca- Cordell Hull Lock located at Mile 313.5 tion in order that traffic passing those on the Cumberland River in Tennessee. points may be advised of the hazards. The lockmaster shall be charged with The appropriate U.S. Coast Guard Of- the immediate control and manage- fice shall also be notified. ment of the lock, and of the area set (ii) Whenever it is necessary to re- aside as the lock area, including the port an incident involving uncon- lock approach channels. He/she shall trolled, sunken or sinking barges, the see that all laws, rules, and regulations cargo in the barges shall be precisely for the use of the lock and lock area identified. are duly complied with, to which end (iii) The owners or masters of vessels he/she is authorized to give all nec- sunk in the navigable waters of the essary orders and directions in accord- United States shall provide the appro- priate district engineer with a copy of ance therewith, both to employees of the sunken vessel report furnished to the government and to any and every the appropriate U.S. Coast Guard Ma- person within the limits of the lock rine Inspection Office. and lock area, whether navigating the (q) [Reserved] lock or not. No one shall cause any (r) Liability for damage. This section movement of any vessel, boat, or other shall not affect the liability of the floating thing in the lock or ap- owners and operators of vessels for any proaches except by or under the direc- damage caused by their operations. tion of the lockmaster or his/her assist- Should any Government property be ants. In the event of an emergency, the damaged as the result of the operation lockmaster may depart from these reg- of a vessel, the master of the vessel ulations as he deems necessary. The shall report the accident to the nearest lockmasters shall also be charged with lockmaster or the appropriate district the control and management of feder- engineer. ally constructed mooring facilities. (s) Persistent violation of regulations. If (2) Locks staffed with contract per- the owner or operator of any vessel sonnel. The provisions of this para- persistently violates the regulations of graph apply to Cordell Hull Lock lo- this section or any orders given in pur- cated at Mile 313.5 on the Cumberland suance thereof, after due notice of River in Tennessee. Contract personnel same, lockage may be refused by the shall give all necessary orders and di- district engineer. The lockmaster may refuse lockage if deemed necessary to rections for operation of the lock. No protect government property in the vi- one shall cause any movement of any cinity of the lock. vessel, boat or other floating thing in (t) Vessels to carry regulations. A copy the locks or approaches except by or of these regulations shall be kept at all under the direction of the contract times on board each commercial vessel lock operator. All duties and respon- engaged in navigating the waterway. sibilities of the lockmaster set forth in Copies may be obtained from any lock this section shall be performed by the or district engineer’s office on request. contract lock operator except that re- Masters of such vessels are also re- sponsibility for enforcing all laws, quired to have on board current copies rules, and regulations shall be vested of the navigation charts and applicable in a government employee designated Notices to Navigation Interest. by the Nashville District Engineer. The [51 FR 30639, Aug. 28, 1986, as amended at 56 district engineer will notify waterway FR 13765, Apr. 4, 1991] users and the general public through appropriate notices and media con- § 207.300 Ohio River, Mississippi River cerning the location and identity of the above Cairo, Ill., and their tribu- designated government employee. taries; use, administration, and navigation. (b) Safety rules for vessels using naviga- tion locks. The following safety rules (a) Authority of lockmasters—(1) Locks are hereby prescribed for vessels in the staffed with Government personnel. The locking process, including the act of provisions of this paragraph apply to approaching or departing a lock: all waterways in this section except for

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(1) Tows with flammable or hazardous (1) Any incident resulting in uncon- cargo barges, loaded or empty. (i) Strip- trolled barges shall immediately be re- ping barges or transferring cargo is ported to the nearest lock. The report prohibited. shall include information as to the (ii) All hatches on barges used to number of loose barges, their cargo, transport flammable or hazardous ma- and the time and location where they terials shall be closed and latched, ex- broke loose. The lockmaster or locks cept those barges carrying a gas-free shall be kept informed of the progress certificate. being made in bringing the barges (iii) Spark-proof protective rubbing under control so that he can initiate fenders (‘‘possums’’) shall be used. whatever actions may be warranted. (2) All vessels. (i) Leaking vessels may (2) Whenever barges are temporarily be excluded from locks until they have moored at other than commercial ter- been repaired to the satisfaction of the minals or established fleeting areas, lockmaster. and their breaking away could endan- ger a lock, the nearest lock shall be so (ii) Smoking, open flames, and chip- notified, preferably the downstream ping or other spark-producing activi- lock. ties are prohibited on deck during the (3) Sunken or sinking barges shall be locking cycle. reported to the nearest lock both (iii) Painting will not be permitted in downstream and upstream of the loca- the lock chamber during the locking tion in order that other traffic passing cycle. those points may be advised of the haz- (iv) Tow speeds shall be reduced to a ards. rate of travel such that the tow can be (4) In the event of an oil spill, notify stopped by checking should mechanical the nearest lock downstream, speci- difficulties develop. Pilots should fying the time and location of the inci- check with the individual lockmasters dent, type of oil, amount of spill, and concerning prevailing conditions. It is what recovery or controlling measures also recommended that pilots check are being employed. their ability to reverse their engines (5) Any other activity on the water- prior to beginning an approach. En- ways that could conceivably endanger gines shall not be turned off in the lock navigation or a navigation structure until the tow has stopped and been shall be reported to the nearest lock. made fast. (6) Whenever it is necessary to report (v) U.S. Coast Guard regulations re- an incident involving uncontrolled, quire all vessels to have on board life sunken or sinking barges, the cargo in saving devices for prevention of drown- the barges shall be accurately identi- ing. All crew members of vessels re- fied. quired to carry work vests (life jack- (d) Precedence at locks. (1) The vessel ets) shall wear them during a lockage, arriving first at a lock shall normally except those persons in an area en- be first to lock through, but precedence closed with a handrail or other device shall be given to vessels belonging to which would reasonably preclude the the United States. Licensed commer- possibility of falling overboard. All cial passenger vessels operating on a deckhands handling lines during lock- published schedule or regularly oper- ing procedure shall wear a life jacket. ating in the ‘‘for hire’’ trade shall have Vessels not required by Coast Guard precedence over cargo tows and like regulations to have work vests aboard craft. Commercial cargo tows shall shall have at least the prescribed life have precedence over recreational saving devices, located for ready access craft, except as described in paragraph and use if needed. The lockmaster may (f) of this section. refuse lockage to any vessel which fails (2) Arrival posts or markers may be to conform to the above. established ashore above and/or below (c) Reporting of navigation incidents. the locks. Vessels arriving at or oppo- In furtherance of increased safety on site such posts or markers will be con- waterways the following safety rules sidered as having arrived at the locks are hereby prescribed for all navigation within the meaning of this paragraph. interests: Precedence may be established visually

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or by radio communication. The tion seems safe and appropriate, pro- lockmaster may prescribe such depar- vided: ture from the normal order of prece- (1) The first vessel or tow in and the dence as in his judgment is warranted last vessel or tow out are secured be- to achieve best lock utilization. fore the other enters or leaves. (e) Unnecessary delay at locks. Masters (2) Any vessel or tow carrying dan- and pilots must use every precaution gerous cargoes is not leaking. to prevent unnecessary delay in enter- (3) All masters involved have agreed ing or leaving locks. Vessels failing to to the joint use of the lock chamber. enter locks with reasonable prompt- (h) Stations while awaiting a lockage. ness when signalled to do so shall lose Vessels awaiting their turn to lock their turn. Rearranging or switching of shall remain sufficiently clear of the barges in the locks or in approaches is structure to allow unobstructed depar- prohibited unless approved or directed ture for the vessel leaving the lock. by the lockmaster. This is not meant However, to the extent practicable to curtail ‘‘jackknifing’’ or set-overs under the prevailing conditions, vessels where normally practiced. and tows shall position themselves so (f) Lockage of recreational craft. In as to minimize approach time when order to fully utilize the capacity of signaled to do so. the lock, the lockage of recreational (i) Stations while awaiting access craft shall be expedited by locking through navigable pass. When navigable them through with commercial craft: dams are up or are in the process of Provided, That both parties agree to being raised or lowered, vessels desir- joint use of the chamber. When rec- ing to use the pass shall wait outside reational craft are locked simulta- the limits of the approach points un- neously with commercial tows, the less authorized otherwise by the lockmaster will direct, whenever prac- lockmaster. ticable, that the recreational craft (j) Signals. Signals from vessels shall enter the lock and depart while the tow ordinarily be by whistle; signals from is secured in the lock. Recreational locks to vessels shall be by whistle, an- craft will not be locked through with other sound device, or visual means. vessels carrying volatile cargoes or when a whistle is used, long blasts of other substances likely to emit toxic the whistle shall not exceed 10 seconds or explosive vapors. If the lockage of recreational craft cannot be accom- and short blasts of the whistle shall plished within the time required for not exceed 3 seconds. Where a lock is three other lockages, a separate lock- not provided with a sound or visual sig- age of recreational craft shall be made. nal installation, the lockmaster will Recreational craft operators are ad- indicate by voice or by the wave of a vised that many locks have a pull hand when the vessel may enter or chain located at each end of the lock leave the lock. Vessels must approach which signals the lockmaster that the locks with caution and shall not lockage is desired. Furthermore, many enter nor leave the lock until signaled Mississippi River locks utilize a strobe to do so by the lockmaster. The fol- light at the lock to signal recreational lowing lockage signals are prescribed: type vessels that the lock is ready for (1) Sound signals by means of a whistle. entry. Such lights are used exclusively These signals apply at either a single to signal recreational craft. lock or twin locks. (g) Simultaneous lockage of tows with (i) Vessels desiring lockage shall on dangerous cargoes. Simultaneous lock- approaching a lock give the following age of other tows with tows carrying signals at a distance of not more than dangerous cargoes or containing flam- one mile from the lock; mable vapors normally will only be (a) If a single lockage only is re- permitted when there is agreement be- quired: One long blast of the whistle tween the lockmaster and both vessel followed by one short blast. masters that the simultaneous lockage (b) If a double lockage is required: can be executed safely. He shall make a One long blast of the whistle followed separate decision each time such ac- by two short blasts.

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(ii) When the lock is ready for en- control use of the riverward lock. Navi- trance, the lock will give the following gation will be governed as follows: signals: (i) Red light. Lock cannot be made (a) One long blast of the whistle indi- ready immediately. Vessel shall stand cates permission to enter the lock clear. chamber in the case of a single lock or (ii) Amber light. Lock is being made to enter the landward chamber in the ready. Vessel may approach but under case of twin locks. full control. (b) Two long blasts of the whistle in- (iii) Green light. Lock is ready for en- dicates permission to enter the trance. riverward chamber in the case of twin (iv) Green and amber. Lock is ready locks. for entrance but gates cannot be re- (iii) Permission to leave the locks cessed completely. Vessel may enter will be indicated by the following sig- under full control and with extreme nals given by the lock: caution. (3) Radio communications. VHF-FM ra- (a) One short blast of the whistle in- dios, operating in the FCC authorized dicates permission to leave the lock Maritime Band, have been installed at chamber in the case of a single lock or all operational locks (except those on to leave the landward chamber in the the Kentucky River and Lock 3, Green case of twin locks. River). Radio contact may be made by (b) Two short blasts of the whistle in- any vessel desiring passage. Commer- dicates permission to leave the cial tows are especially requested to riverward chamber in the case of twin make contact at least one half hour be- locks. fore arrival in order that the pilot may (iv) Four or more short blasts of the be informed of current river and traffic lock whistle delivered in rapid succes- conditions that may affect the safe sion will be used as a means of attract- passage of his tow. ing attention, to indicate caution, and (4) All locks monitor 156.8 MHz (Ch. to signal danger. This signal will be 16) and 156.65 MHz (Ch. 13) and can used to attract the attention of the work 156.65 MHz (Ch. 13) and 156.7 MHz captain and crews of vessels using or (Ch. 14) Ch. 16 is the authorized call, approaching the lock or navigating in reply and distress frequency, and locks its vicinity and to indicate that some- are not permitted to work on this fre- thing unusual involving danger or re- quency except in an emergency involv- quiring special caution is happening or ing the risk of immediate loss of life or is about to take place. When this signal property. Vessels may call and work is given by the lock, the captains and Ch. 13, without switching, but are cau- crews of vessels in the vicinity shall tioned that vessel to lock traffic must immediately become on the alert to de- not interrupt or delay Bridge to Bridge termine the reason for the signal and traffic which has priority at all times. shall take the necessary steps to cope (k) Rafts. Rafts to be locked through with the situation. shall be moored in such manner as not (2) Lock signal lights. At locks where to obstruct the entrance of the lock, density of traffic or other local condi- and if to be locked in sections, shall be tions make it advisable, the sound sig- brought to the lock as directed by the nals from the lock will be supple- lockmaster. After passing the lock the mented by signal lights. Flashing sections shall be reassembled at such lights (showing a one-second flash fol- distance beyond the lock as not to lowed by a two-second eclipse) will be interfere with other vessels. located on or near each end of the land (l) Entrance to and exit from locks. In wall to control use of a single lock or case two or more boats or tows are to of the landward lock of double locks. In enter for the same lockage, their order addition, at double locks, interrupted of entry shall be determined by the flashing lights (showing a one-second lockmaster. Except as directed by the flash, a one-second eclipse and a one- lockmaster, no boat shall pass another second flash, followed by a three-sec- in the lock. In no case will boats be ond eclipse) will be located on or near permitted to enter or leave the locks each end of the intermediate wall to until directed to do so by the

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lockmaster. The sides of all craft pass- ty of equipment using such tracks, to ing through any lock shall be free from telephone poles or power poles, or to projections of any kind which might bridges or similar structures used by injure the lock walls. All vessels shall the public. be provided with suitable fenders, and (iii) Except in case of great emer- shall be used to protect the lock and gency, no vessel or craft shall anchor guide walls until it has cleared the over revetted banks of the river, and no lock and guide walls. floating plant other than launches and (m) Mooring—(1) At locks. (i) All ves- similar small craft shall land against sels when in the locks shall be moored banks protected by revetment except as directed by the lockmaster. Vessels at regular commercial landings. In all shall be moored with bow and stern cases, every precaution to avoid dam- lines leading in opposite directions to age to the revetment works shall be ex- prevent the vessel from ‘‘running’’ in ercised. The construction of log rafts the lock. All vessels will have one addi- along mattressed or paved banks or the tional line available on the head of the tying up and landing of log rafts tow for emergency use. The pilothouse against such banks shall be performed shall be attended by qualified per- in such a manner as to cause no dam- sonnel during the entire locking proce- age to the mattress work or bank pav- dure. When the vessel is securely ing. Generally, mattress work extends moored, the pilot shall not cause move- out into the river 600 feet from the low ment of the propellers except in emer- water line. gency or unless directed by the (iv) Any vessel utilizing a federally lockmaster. Tying to lock ladders is constructed mooring facility (e.g., strictly prohibited. cells, buoys, anchor rings) at the points (ii) Mooring of unattended or nonpro- designated on the current issue of the pelled vessels or small craft at the Corps’ navigation charts shall advise upper or lower channel approaches will the lockmaster at the nearest lock not be permitted within 1200 feet of the from that point by the most expedi- lock. tious means. (2) Outside of locks. (i) No vessel or (n) Draft of vessels. No vessel shall at- other craft shall regularly or perma- tempt to enter a lock unless its draft is nently moor in any reach of a naviga- at least three inches less than the least tion channel. The approximate center- depth of water over the guard sills, or line of such channels are marked as the over the gate sills if there be no guard sailing line on Corps of Engineers’ sills. Information concerning control- navigation charts. Nor shall any float- ling depth over sills can be obtained ing craft, except in an emergency, from the lockmaster at each lock or by moor in any narrow or hazardous sec- inquiry at the office of the district en- tion of the waterway. Furthermore, all gineer of the district in which the lock vessels or other craft are prohibited is located. from regularly or permanently moor- (o) Handling machinery. No one but ing in any section of navigable water- employees of the United States shall ways which are congested with com- move any lock machinery except as di- mercial facilities or traffic unless it is rected by the lockmaster. Tampering moored at facilities approved by the or meddling with the machinery or Secretary of the Army or his author- other parts of the lock is strictly for- ized representative. The limits of the bidden. congested areas shall be marked on (p) Refuse in locks. Placing or dis- Corps of Engineers’ navigation charts. charging refuse of any description into However, the District Engineer may the lock, on lock walls or esplanade, authorize in writing exceptions to any canal or canal bank is prohibited. of the above if, in his judgment, such (q) Damage to locks or other work. To mooring would not adversely affect avoid damage to plant and structures navigation and anchorage. connected with the construction or re- (ii) No vessel or other craft shall be pair of locks and dams, vessels passing moored to railroad tracks, to river- structures in the process of construc- banks in the vicinity of railroad tracks tion or repair shall reduce their speed when such mooring threatens the safe- and navigate with special caution

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while in the vicinity of such work. The time to time in Notices to Navigation restrictions and admonitions contained Interests. Pilots should exercise par- in these regulations shall not affect the ticular care not to direct propeller liability of the owners and operators of wash at river banks, levees, revet- floating craft for any damage to locks ments, structures or other appur- or other structures caused by the oper- tenances subject to damage from wave ation of such craft. action. (r) Trespass of lock property. Trespass (v) Navigation lights for use at all locks on locks or dams or other U.S. prop- and dams except on the Kentucky River erty pertaining to the locks or dams is and Lock 3, Green River. (1) At locks at strictly prohibited except in those all fixed dams and at locks at all mov- areas specifically permitted. Parties able dams when the dams are up so committing any injury to the locks or that there is no navigable pass through dams or to any part thereof will be re- the dam, the following navigation sponsible therefor. Any person commit- lights will be displayed during hours of ting a willful injury to any U.S. prop- darkness: erty will be prosecuted. No fishing will (i) Three green lights visible through be permitted from lock walls, guide an arc of 360° arranged in a vertical walls, or guard walls of any lock or line on the upstream end of the river from any dam, except in areas des- (guard) wall unless the intermediate ignated and posted by the responsible wall extends farther upstream. In the District Engineer as fishing areas. Per- latter case, the lights will be placed on sonnel from commercial and rec- the upstream end of the intermediate reational craft will be allowed on the wall. lock structure for legitimate business (ii) Two green lights visible through reasons; e.g., crew changes, emergency an arc of 360° arranged in a vertical phone calls, etc. line on the downstream end of the river (s) Restricted areas at locks and dams. (guard) wall unless the intermediate All waters immediately above and wall extends farther downstream. In below each dam, as posted by the re- the latter case, the lights will be spective District Engineers, are hereby placed on the downstream end of the designated as restricted areas. No ves- intermediate wall. sel or other floating craft shall enter (iii) A single red light, visible any such restricted area at any time. through an arc of 360° on each end (up- The limits of the restricted areas at stream and downstream) of the land each dam will be determined by the re- (guide) wall. sponsible District Engineer and market (2) At movable dams when the dam by signs and/or flashing red lights in- has been lowered or partly lowered so stalled in conspicuous and appropriate that there is an unobstructed navigable places. pass through the dam, the navigation (t) [Reserved] lights indicated in the following para- (u) Operations during high water and graphs will be displayed during hours floods in designated vulnerable areas. of darkness until lock walls and weir Vessels operating on these waters dur- piers are awash. ing periods when river stages exceed (i) Three red lights visible through an the level of ‘‘ordinary high water,’’ as arc of 360° arranged in a vertical line designated on Corps of Engineers’ navi- on the upstream end of the river gation charts, shall exercise reasonable (guard) wall. care to minimize the effects of their (ii) Two red lights visible through an bow waves and propeller washes on arc of 360° arranged in a vertical line river banks; submerged or partially on the downstream end of the river submerged structures or habitations; (guard) wall. terrestrial growth such as trees and (iii) A single red light visible through bushes; and man-made amenities that an arc of 360° on each end (upstream may be present. Vessels shall operate and downstream) of the land (guide) carefully when passing close to levees wall. and other flood protection works, and (3) After lock walls and weir piers are shall observe minimum distances from awash they will be marked as pre- banks which may be prescribed from scribed in paragraph (x) of this section.

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(4) If one or more bear traps or weirs depth of water equal to the project are open or partially open, and may depth. Buoys will be lighted, if prac- cause a set in current conditions at the ticable. upper approach to the locks, this fact (y) Vessels to carry regulations. A copy will be indicated by displaying a white of these regulations shall be kept at all circular disk 5 feet in diameter, on or times on board each vessel regularly near the light support on the upstream engaged in navigating the rivers to end of the land (guide) wall during the which these regulations apply. Copies hours of daylight, and will be indicated may be obtained from any lock office during hours of darkness by displaying or District Engineer’s office on request. a white (amber) light vertically under Masters of such vessels are encouraged and 5 feet below the red light on the to have on board copies of the current upstream end of the land (guide) wall. edition of appropriate navigation (5) At Locks No. 1 and 2, Green River, charts. when the locks are not in operation be- cause of high river stages, a single red NOTES light visible through an arc of 360° will 1. Muskingum River Lock & Dam 1 has be displayed on each end (upstream and been removed. Ohio River slackwater pro- downstream) of the lock river (guard) vides navigable channel for recreational will at which time the lights referred craft to Lock 2 near Devola, Ohio. to above will not be visible. Muskingum River Locks 2 thru 11 inclusive (w) Navigation lights for use at locks have been transferred to the State of Ohio and dams on the Kentucky River and and are operated during the recreational Lock 3, Green River. A single red light boating season by the Ohio Department of visible through an arc of 360° shall be Natural Resources. Inquiries regarding Muskingum River channel conditions and displayed during hours of darkness at lock availability should be directed to the each end of the river wall or extending aforementioned Department. guard structures until these structures 2. Little Kanawha River Lock and Dam 1 are awash. has been removed, thus permitting rec- (x) Buoys at movable dams. (1) When- reational craft to navigate up to Lock 2 near ever the river (guard) wall of the lock Slate, W. Va. Operation of Locks 2 thru 5 on and any portion of the dam are awash, the Little Kanawha River has been discon- and until covered by a depth of water tinued. 3. Big Sandy River: Lock 1 has been re- equal to the project depth, the limits of moved, thus permitting recreational craft to the navigable pass through the dam navigate to Lock 2, near Buchanan, Ky. Op- will be marked by buoys located at the eration of Lock 2 and Lock 3 near Fort Gay, upstream and downstream ends of the W. Va. has been discontinued. Operation of river (guard) wall, and by a single buoy Lock and Dam 1 on Levisa Fork near Gallup, over the end or ends of the portion or Ky., and Lock and Dam 1 on Tug Fork near portions of the dam adjacent to the Chapman, Ky. has been discontinued. navigable pass over which project 4. Operation of the following Green River depth is not available. A red nun-type Locks has been discontinued: Lock 4 near Woodbury, Ky., Lock 5 near Glenmore, Ky., buoy will be used for such structures and Lock 6 near Brownsville, Ky. located on the left-hand side (facing 5. Operation of Barren River Lock and Dam downstream) of the river and a black No. 1 near Richardsville, Ky. has been dis- can-type buoy for such structures lo- continued. cated on the right-hand side. Buoys 6. Operation of Rough River Lock and Dam will be lighted, if practicable. No. 1 near Hartford, Ky. has been discon- (2) Where powerhouses or other sub- tinued. stantial structures projecting consider- 7. Operation of Osage River Lock and Dam 1 near Osage City, Mo., has been discon- ably above the level of the lock wall tinued. are located on the river (guard) wall, a 8. Operation of the 34 locks in the Illinois single red light located on top of one of and Mississippi (Hennepin) Canal, including these structures may be used instead of the feeder section, has been discontinued. river wall buoys prescribed above until 9. Operation of the Illinois and Michigan these structures are awash, after which Canal has been discontinued. they will be marked by a buoy of ap- [40 FR 32121, July 31, 1975, as amended at 50 propriate type and color (red nun or FR 37580, Sept. 18, 1985; 56 FR 13765, Apr. 4, black can buoy) until covered by a 1991]

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§ 207.306 Missouri River; administra- (e) The power company when pro- tion and navigation. posing to raise or lower the pond, ei- ther under general authority or special (a) [Reserved] permission, shall give due notice to the (b) General. The regulations in this District Engineer or his authorized section shall implement those con- agent of its intention. tained in paragraph(s) of § 207.300. (f) The power company shall hold all [33 FR 17242, Nov. 21, 1968; 42 FR 57962, Nov. records relating to operations affecting 7, 1977] the river discharge open to the inspec- tion of the District Engineer or his au- § 207.310 Mississippi River at Keokuk, thorized agent. Iowa; operation of power dam by (g) It shall be the duty of the district Mississippi River Power Co. engineer or his authorized agent to ob- (a) All previous regulations of the serve closely and carefully the oper- Secretary of War relating to the use of ations of the power company and to the Mississippi River for the genera- maintain in addition to such as may be tion of power by the Mississippi River maintained by the power company, Power Co., including the memorandum such river and pool gages as may be ad- of March 24, 1908, approved by the Sec- visable, and make from time to time retary of War, March 26, 1908, are re- such examinations as may be necessary scinded, and the following regulations for determining the effect of the oper- will govern the operation of the dam ation of the power dam and accessories until further orders: on the river channels. (h) The Department of the Army ap- (b) Excepting as specially provided in proves the method of regulating the this section the normal flow of the flow below the Keokuk Dam by esti- river shall be discharged below the dam mating the flow 24 hours in advance at all times of day and night. and maintenance of the stage cor- (c) The Mississippi River Power Co. responding to such flow as indicated by shall not during the period of naviga- the river gage at U.S. Lock (the meth- tion raise the level of its pond behind od employed during 1917). The general the Keokuk Dam when the natural flow rules stated in paragraph (g) of this of the Mississippi River is falling or section are not intended to apply to when such natural flow is less than ap- unavoidable small compensating vari- proximately 64,000 cubic feet per sec- ations in pond level behind the dam in- ond, which corresponds to a normal herent in such method of regulation. stage of 6 feet above low water at Keo- kuk, Iowa, except upon the written [Regs., Jan. 12, 1918] permission of the U.S. District Engi- § 207.320 Mississippi River, Twin City neer in charge of this locality, such Locks and Dam, St. Paul and Min- permit to state the period which such neapolis, Minn.; pool level. ponding may cover and the maximum In accordance with the provisions of variation in stage below the dam which Article 8 of Federal Power Commission may be caused by each ponding. License of June 7, 1923 (Project No. 362- (d) The granting of permits by the Minn., Ford Motor Co.), this section is District Engineer shall be governed by prescribed for the control of the pool the provision of the law authorizing level created by the Twin City Locks the construction of the dam and its ac- and Dam, Minneapolis, in the interest cessories, as follows: of navigation, and supersedes rules and SEC. 2. That the withdrawal of water from regulations made effective January 1, the Mississippi River and the discharge of 1928, by the Secretary of War: water into the said river, for the purpose of (a) The pool above the dam shall not operating the said power stations and appur- be allowed to drop below elevation 744.5 tenant works, shall be under the direction (Cairo datum), except after loss or low- and control of the Secretary of War, and ering of flashboards and before replace- shall at no time be such as to impede or interfere with the safe and convenient navi- ment or raising of same, during the gation of the said river by means of steam- navigation season; nor below elevation boats or other vessels or by rafts or barges. 743.3 during the period when the river * * * (33 Stat. 713) is closed to navigation. The variation

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of pool level shall not exceed 0.5 foot (b) In case of the formation of a jam, per day whenever the pool is below ele- the owner of the logs, poles, posts, ties, vation 745.5, and in addition, during the or pulpwood, causing the jam, or the period when the river is closed to navi- representatives in charge of the drive gation, the maximum rate of such vari- or tow, shall cause the same to be bro- ation shall not exceed 0.1 foot per hour; ken with the least practicable delay. except that during the navigation sea- (c) Steamboats, launches, or other son, increases in pool level at rates craft desiring to pass through a body of greater than that specified may be floating logs, poles, or ties shall be made to eliminate wasting of water given all reasonable and necessary as- during an increase in river flow. sistance in doing so by the representa- (b) Whenever, due to high flows, the tives in charge of the logs, poles, posts, pool above the dam is above elevation ties, or pulpwood causing the obstruc- 746.5, all flashboards on the crest of the tion. dam shall be removed or in the lowered (d) Any individual, firm, or corpora- position. tion banking logs, poles, posts, ties, or (c) To protect navigation in cases of pulpwood on the shores or within the emergency, such as the stranding of a banks of any of the waters covered by boat or the loss of a pool below the this section, which are to be trans- Twin City Dam, etc., the licensee shall ported during the navigation season, temporarily discharge water at such shall so place them as to maintain a rates, subject to the limitations of clear navigable channel width of not paragraph (a) of this section, as may be less than 20 feet. directed by the U.S. District Engineer (e) Parties using the river for rafted in charge of the locality. poles, posts, ties, or pulpwood shall not (d) It shall be the duty of the U.S. tie rafts up to the bank two or more District Engineer in charge of the lo- abreast; shall not tie up where there cality to notify the licensee of the peri- will be less than 50 feet of clear water- ods during which the river shall be con- way between their raft and the other sidered open to navigation. bank or between their raft and another tied to the opposite bank; and shall not (e) It shall be the further duty of the tie more than three rafts along any said District Engineer or his author- bank without leaving an opening for a ized agent, by frequent inspections, to landing. determine whether paragraphs (a) to (d) of this section are being observed. [Regs., Mar. 5, 1915] In case of noncompliance he shall so notify the licensee and report the facts § 207.340 Reservoirs at headwaters of to the Chief of Engineers. the Mississippi River; use and ad- ministration. [Regs., Feb. 24, 1938] (a) Description. These reservoirs in- clude Winnibigoshish, Leech Lake, § 207.330 Mississippi River between Pokegama, Sandy Lake, Pine River Winnibigoshish and Pokegama dams, Leech River between outlet and Gull Lake. of Leech Lake and Mississippi (b) Penalties. The River and Harbor River, and Pokegama reservoir; log- Act approved August 11, 1888 (25 Stat. ging. 419, 33 U.S.C. 601) includes the fol- (a) Parties engaged in the transpor- lowing provisions as to the administra- tation of loose logs, timbers, and rafts tion of the headwater reservoirs: of logs, poles, posts, ties, or pulpwood, And it shall be the duty of the Secretary of on the waters described in this section, War to prescribe such rules and regulations shall conduct their operations so as to in respect to the use and administration of interfere as little as possible with navi- said reservoirs as, in his judgment, the pub- gation by steamboats, launches, or lic interest and necessity may require; which other craft, or with the operations of rules and regulations shall be posted in some conspicuous place or places for the informa- other parties using the waters for pur- tion of the public. And any person knowingly poses similar to their own, and, so far and willfully violating such rules and regula- as may be possible, shall prevent the tions shall be liable to a fine not exceeding formation of log jams. five hundred dollars, or imprisonment not

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exceeding six months, the same to be en- dikes and embankments; and should forced by prosecution in any district court of floating bodies lying above or below a the United States within whose territorial dam constitute at any time an obstruc- jurisdiction such offense may have been tion or menace as beforesaid, the own- committed. ers of said floating bodies will be re- (c) Previous regulations now revoked. quired to remove them immediately. In accordance with the above act, the (g) Trespass. No one shall trespass on Secretary of War prescribed regula- any reservoir dam, dike, embankment tions for the use and administration of or upon any property pertaining there- the reservoirs at the headwaters of the to. Mississippi River under date of Feb- [78 FR 78720, Dec. 27, 2013] ruary 11, 1931, which together with all subsequent amendments are hereby re- § 207.350 St. Croix River, Wis. and voked and the following substituted Minn. therefor. (a) Logging regulations for river above (d) Authority of officer in charge of the Lake St. Croix. (1) During the season of reservoirs. The accumulation of water navigation from May 1 to September in, and discharge of water from the res- 30, the full natural run of water in the ervoirs, including that from one res- river shall be permitted to flow be- ervoir to another, shall be under the di- tween 1 a.m. on Thursday and 4 p.m. on rection of the U.S. District Engineer, Sunday of each week, and during the St. Paul, Minnesota, and of his author- time between 1 p.m. on Wednesday and ized agents subject to the following re- 4 p.m. on Sunday of each week no logs strictions and considerations: shall be sluiced into the river between (1) Notwithstanding any other provi- St. Croix Falls, Wis., and Stillwater, sion of this section, the discharge from Minn. any reservoir may be varied at any (2) Except during the period above time as required to permit inspection mentioned, the parties engaged in han- of, or repairs to, the dams, dikes or dling logs upon the river shall have the their appurtenances, or to prevent right to sluice, drive, and float loose damage to lands or structures above or logs and to regulate the flow of water below the dams. in the river as may best suit their con- (2) During the season of navigation venience, all reasonable caution being on the upper Mississippi River, the vol- taken to avoid log jams. ume of water discharged from the res- (3) This paragraph shall remain in ervoirs shall be so regulated by the of- force until modified or rescinded. (Act ficer in charge as to maintain as nearly of May 9, 1900, 31 Stat. 172; 33 U.S.C. as practicable, until navigation closes, 410) a sufficient stage of water in the navi- (b) Power dam at Taylors Falls. (1) gable reaches of the upper Mississippi That between April 1 and October 31, and in those of any tributary thereto whenever the natural river flow ex- that may be navigated and on which a ceeds 1,600 feet per second, the reduced reservoir is located. flow shall be not less than 1,600 feet per (e) Passage of logs and other floating second, and that whenever the natural bodies. Logs and other floating bodies flow be less than 1,600 feet per second, may be sluiced or locked through the then the reduced flow shall not be less dams, but prior authority for the sluic- than such natural flow: Provided, That ing of logs must be obtained from the the District Engineer in charge of the District Engineer when this operation locality may vary these requirements necessitates a material change in dis- temporarily, as the interests of naviga- charge. tion, in his judgment, require, prompt (f) Obstructions to flow of water. No report of his action in such instances person shall place floating bodies in a to be made to the Chief of Engineers. stream or pond above or below a res- (2) The Northern States Power Co. ervoir dam when, in the opinion of the shall establish automatic water-stage officer in charge, such act would pre- recorders of a type approved by the dis- vent the necessary flow of water to or trict engineer at the following local- from such dam, or in any way injure ities: the dam and its appurtenances, its (i) On the Nevers Pond near the dam.

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(ii) On the St. Croix hydroplant pond § 207.370 Big Fork River, Minn.; log- near the dam. ging. (iii) On the St. Croix hydroplant (a) During the season of navigation, tailrace. parties engaged in handling logs upon (iv) On the St. Croix River near Osce- the river shall have the right to sluice, ola. drive, and float logs in such manner as (v) On the St. Croix River near Ma- may best suit their convenience: Pro- rine. vided, A sufficient channel is main- (3) The gages are to be installed and tained at all times for the navigation maintained by the Northern States of steamboats, flatboats, and other Power Co. in a manner satisfactory to small craft. the District Engineer, but their oper- (b) A sufficient force of men must ac- ation and inspection is to be under the company each log drive to prevent the sole direction of the District Engineer, formation of log jams and to maintain who will retain the original records, an open channel for navigation. furnishing the Northern States Power (c) This section shall remain in force Co. with duplicates of the gage records. until modified or rescinded. [Regs., Apr. 20, 1907, Apr. 10, 1931, as amended [Regs., Feb. 24, 1905] at 25 FR 8908, Sept. 16, 1960] § 207.380 Red Lake River, Minn.; log- § 207.360 Rainy River, Minn.; logging ging regulations for portion of river regulations for portions of river above Thief River Falls. within jurisdiction of the United (a) Parties wishing to run logs on States. Red Lake River must provide storage (a) During the season of navigation, booms near the head of the river to parties engaged in handling logs upon take care of said logs. such portion of the river shall have the (b) No one will be permitted to turn right to sluice, drive, and float logs in into the river at any time more logs such manner as may best suit their than he can receive at his storage convenience: Provided, A sufficient boom. channel for safe navigation by boats is (c) Tows arriving at the head of the maintained between 7:00 a.m. and 11:00 river shall turn their logs into the p.m. from the opening of navigation to river successively in the order of their September 15th; between 8:00 a.m. and arrival, and such logs shall be at once 11:00 p.m. from September 16th to Octo- driven to the owner’s storage boom. ber 31st; and between 9:00 a.m. and 11:00 (d) Parties authorized to run logs on p.m. from November 1st to the close of the river shall have the use of the river navigation. on successive days in rotation to run (b) Owners of loose logs running in their logs from their storage boom the river must maintain a sufficient down, but not more than 1,000,000 feet, force of men on the river to keep the board measure, shall be released from logs in motion and to prevent the for- the storage booms on any one day. Said mation of log jams or accumulation of parties must provide a sufficient force logs on the several rapids; and said log of log drivers to keep their logs in mo- owners must also construct and main- tion throughout the section of river tain for the control and direction of above mentioned, so as to avoid ob- floating logs, such guide booms on said structing the general navigation of the rapids and at other points on said river. river, as may be considered necessary (e) When a drive is made it shall be so by the District Engineer in charge of conducted that not more than 1,500,000 the District. feet, board measure, of logs shall pass (c) Owners of sack and brail rafts any point on the river in 24 hours. The must so handle the same as not to decision of the agent appointed by the interfere with the general navigation United States shall be final as to the of the river or with the approaches to quantity of logs running at any time. regular boat landings. (f) This section shall remain in force until modified or rescinded. [Regs., Nov. 6, 1935, as amended at 25 FR 8908, Sept. 16, 1960] [Regs., Feb. 24, 1905]

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§ 207.390 [Reserved] laws, rules and regulations for the use of the lock and lock area are duly com- § 207.420 Chicago River, Ill.; Sanitary plied with, to which end he is author- District controlling works, and the ized to give all necessary orders and di- use, administration, and navigation rections in accordance therewith, both of the lock at the mouth of river, Chicago Harbor. to employees of the Government and to any and every person within the limits (a) Controlling works. The controlling of the lock or lock area, whether navi- works shall be so operated that the gating the lock or not. No one shall water level in the Chicago River will be cause any movement of any vessel, maintained at a level lower than that boat, or other floating thing in the of the lake, except in times of exces- lock or approaches except by or under sive storm run-off into the river or the direction of the lockmaster or his when the level of the lake is below assistants. minus 2 feet, Chicago City Datum. (4) Signals. (i) Signals from vessels for (1) The elevation to be maintained in lockage shall be by whistle, horn or by the Chicago River at the west end of idling or standing near the ends of the the lock will be determined from time lock guide walls. Signals from the to time by the U.S. District Engineer, lockmaster shall be by the traffic light Chicago, Illinois. It shall at no time be and horn and/or by voice with or with- higher than minus 0.5 foot, Chicago out electrical amplification. In case of City Datum, and at no time lower than emergency, the lockmaster may signal minus 2.0 feet, Chicago City Datum, ex- the vessel by wave of hand or lantern, cept as noted in the preceding para- and the signals thus given shall have graph. the same weight as though given by (b) Lock—(1) Operation. The lock shall visual or sound devices at the lock. be operated by the Metropolitan Sani- Vessels must approach the lock with tary District of Chicago under the gen- caution and shall not enter or leave the eral supervision of the U.S. District lock until signaled to do so by the Engineer, Chicago, Illinois. The lock lockmaster. The following lockage sig- gates shall be kept in the closed posi- nals and duration of sound signals are tion at all times except for the passage prescribed. A long blast shall be of 4 of navigation. second duration; a short blast shall be (2) Description of lock. of 1 second duration. Feet (a) Vessel signals. Inbound vessels at a distance of not more than 4,000 feet Clear length ...... 600 from the lock and outbound vessels im- Clear width ...... 80 Depth over sills ...... 1 24.4 mediately after crossing under the Lake Shore Drive bridge shall signal 1 This depth is below Chicago City Datum which is the zero of the gages mounted on the lock. The clear depth below Low for lockage by 2 long and 2 short blasts Water Datum for Lake Michigan, which is the plane of ref- of a whistle or horn. erence for U. S. Lake Survey Charts, is 23.0 feet. (b) Lock signals. (1) When the lock is The east end of the northeast guide ready for entrance, the traffic light wall shall be marked by an intermit- will show green, and vessels under 500 tent red light, and by a traffic light gross tons shall come ahead under cau- showing a fixed red or fixed green light. tion and enter the lock; vessels of 500 The west end of the northwest gate gross tons or more shall come to a stop block shall be marked by a traffic light along the guide wall, as prescribed in showing a fixed red or fixed green light. paragraph (b)(5) of this section. Should The east end of the southeast guide the traffic light be out of order or be wall and the west end of the southwest invisible due to thick weather, vessels guide wall shall be marked by an inter- shall upon 1 long blast of the lock horn mittent white light. approach and moor to the south guide (3) Authority of lockmasters. The wall or continue into the lock if so di- lockmaster shall be charged with the rected by the lockmaster. immediate control and management of (2) When the lock is not ready for en- the lock, and of the area set aside as trance, the traffic light will show red, the lock area, including the lock ap- and vessels shall not pass beyond the proach channels. He shall see that all end of the south guide wall: Provided,

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however, That vessels may approach approaching the lock shall navigate at and moor to said wall if authorized by a speed not exceeding 2 miles per hour, 1 long blast of the lock horn. and when leaving the lock shall navi- (3) Permission to leave the lock shall gate at a speed not exceeding 6 miles be indicated by 1 short blast of the lock per hour. While entering or leaving the horn. lock, the propellers of vessels of 500 (4) Caution or danger will be indi- gross tons or more shall be operated at cated by 4 or more flashes of the red slow speed so as not to undermine or traffic light or 4 or more short blasts of injure the concrete paving on the bot- the lock horn delivered in rapid succes- tom of the lock chamber. Tugs assist- sion. ing vessels in lockage, and Coast Guard (ii) When in the lock, vessels shall and fire vessels, may navigate at a not blow whistle signals for tugs, higher speed when authorized by the bridges, landings, etc., without the lockmaster. Vessels of less than 500 lockmaster’s permission. gross tons shall operate at reasonable (iii) The master and chief engineer of speed. each vessel of 500 gross tons or more (10) Mooring. (i) Vessels shall be shall be on duty at their respective sta- moored in the lock or along its ap- tions when passing through the lock. proach walls in such manner as may be (5) Stop before entering. All vessels or directed by the lockmaster. Tying to tows of 500 gross tons or more shall lock ladders, lamp standards, or rail- come to a full stop at the point indi- ings is strictly prohibited. Commercial cated by the sign reading ‘‘Stop’’ on vessels and tows of 500 gross tons or the south guide wall and shall not pro- more shall, in general, have at least ceed into the lock until so directed by one line out when entering the lock the lockmaster. and shall be moored in the lock with (6) Maximum draft. Vessels drawing two bow and two stern lines, which within 6 inches of the depth over the shall lead forward and aft at each end sills shall not be permitted lockage ex- of the vessel or tow. When the gates cept under special permission from the are closed, commercial vessels shall lockmaster. not be permitted to work their wheels. (7) Precedence at locks. The vessel ar- Said vessels shall have at least two riving first at a lock shall be first to seamen ashore to handle the mooring lock through; but precedence shall be lines while they are in the lock. given to vessels belonging to the (ii) Mooring lines shall not be cast off United States and to commercial ves- until after the lock gates have been sels in the order named. Arrival posts opened fully into their recesses, and or markers may be established ashore the signal given to leave the lock. The above or below the locks. Vessels arriv- lines leading aft shall be released first. ing at or opposite such posts or mark- The lines leading forward shall not be ers will be considered as having arrived released until the vessel has started to at the locks within the meaning of this move forward, so as to prevent the ves- paragraph. sel from drifting back into the lock (8) Lockage of pleasure boats. The gates. lockage of pleasure boats, house boats (11) [Reserved] or like craft shall be expedited by lock- (12) Unnecessary delay at lock. Masters ing them through with commercial and pilots must use every precaution craft (other than barges carrying pe- to prevent unnecessary delay in enter- troleum products or highly hazardous ing of leaving the lock. Vessels failing materials) in order to utilize the capac- to enter lock with reasonable prompt- ity of the lock to its maximum. If, ness, when signaled to do so, shall lose after the arrival of such craft, no sepa- their turn. Vessels arriving at the lock rate or combined lockage can be ac- with their tows in such shape so as to complished within a reasonable time, impede lockage, shall lose their turn. not to exceed the time required for (13) Depositing refuse prohibited. The three other lockages, then separate depositing of ashes or refuse matter of lockage shall be made. any kind in the lock; the passing of (9) Speed of approach and departure. coal from barges or flats while in the Vessels of 500 gross tons or more when lock; and the emission of dense smoke

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from any vessel while passing through City Datum, except as noted in para- the lock, is forbidden. graph (a)(1) of this section. (14) Vessels denied lockage. The (b) Lock—(1) Operation. The Thomas lockmaster may deny the privilege of J. O’Brien Lock and Dam is part of the passage through the lock to any vessel Illinois Waterway which is a tributary with sharp or rough projecting surfaces of the Mississippi River. All rules and of any kind, or overhanging rigging, or regulations defined in § 207.300, Ohio any vessel which is badly leaking or in River, Mississippi River above Cairo, a sinking condition. Illinois, and their tributaries; use, ad- (15) Fenders. All barges and oil tank- ministration and navigation shall ers must be provided with suitable non- apply. metallic fenders so as to eliminate [40 FR 57358, Dec. 9, 1975] damage to the lock or approach walls and reduce fire hazard. Said fenders § 207.440 St. Marys Falls Canal and shall be used as may be directed by the Locks, Mich.; use, administration, lockmaster. and navigation. (16) Operating machinery. Lock em- (a) The use, administration, and ployees only shall be permitted to op- navigation of the canal and canal erate the lock gates, valves, signals or grounds shall be under the direction of other appliances. Tampering or med- the District Engineer, Engineer De- dling with machinery or other parts of partment at Large, in charge of the lo- the lock is strictly forbidden. cality, and his authorized agents. The (17) [Reserved] term ‘‘canal’’ shall include all of the (18) Vessels to carry regulations. A copy natural waters of the St. Marys River of the regulations in this section shall on the U.S. side of the International be kept at all times on board each ves- Boundary and all of the canalized wa- sel regularly engaged in navigating terway and the locks therein between this lock. Copies may be obtained with- the western or upstream limit, which is out charge from the lockmaster. a north and south line tangent to the (19) Failure to comply with regulations. west end of the Northwest Pier, and the Any vessel failing to comply with this eastern or downstream limit, which is section or any orders given in pursu- a north and south line tangent to the ance thereof, may in the discretion of northeast corner of the old Fort Brady the lockmaster be denied the privilege Reservation, the distance between lim- of passage through or other use of the its being 1.9 miles. The term ‘‘canal lock or appurtenant structures. grounds’’ shall include all of the United States part and other lands, piers, [3 FR 2139, Sept. 1, 1938, as amended at 25 FR buildings, water level regulation 8908, Sept. 16, 1960; 26 FR 354, Jan. 18, 1961; 44 works, hydroelectric power plant, and FR 67657, Nov. 27, 1979; 56 FR 13765, Apr. 4, 1991] other appurtenances acquired or con- structed for the channel improvement § 207.425 Calumet River, Ill.; Thomas J. and use of the waterway. O’Brien Lock and Controlling NOTE: Rules and regulations governing the Works and the use, administration movements of vessels and rafts in St. Marys and navigation of the lock. River from Point Iroquois, on Lake Superior, to Point Detour, on Lake Huron, prescribed (a) Controlling Works. (1) The control- by the U.S. Coast Guard pursuant to 33 ling works shall be so operated that U.S.C. 475, are contained in part 92 of this the water level at the downstream end title. of the lock will be maintained at a (b) Masters of all registered vessels level lower than that of Lake Michi- approaching and desiring to use the gan, except in times of excessive storm locks shall, upon arriving at Sailors run-off into the Illinois Waterway, or Encampment, Little Rapids Cut, and when the lake level is below minus 2 Brush Point, report the name of the feet, Chicago City Datum. vessel and its draft to the Coast Guard (2) The elevation to be maintained at Lookout Stations at those points. the downstream end of the lock shall (c) Approach requirements. Upon ap- at no time be higher than minus 0.5 proaching the canal, vessel masters feet, Chicago City Datum, and at no shall request lock dispatch by radio- time lower than minus 2.0 feet, Chicago telephone to the Corps of Engineers

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Chief Lockmaster at St. Marys Falls vessels in passing through the locks Canal dispatch tower (Radio Call WUE– may be authorized by the District En- 21). Every up bound vessel requiring gineer or his authorized agents to navi- lock transit shall request lock dispatch gate at a higher speed when considered immediately before initiating the turn necessary to expedite canal operations. at Mission Point at the intersection of (2) Use of bow/stern thrusters. Bow and/ Course 1, Bayfield Channel, and Course or stern thruster use shall be kept to a 2, Little Rapids Cut. Every down bound minimum while transiting the Soo vessel shall call when approximately Locks. Thrusters shall not be used one-half mile downstream from Big while the thrusters are opposite lock Point. gates. They may be used sparingly for (d) When in the locks, vessels shall short durations within the lock to not blow whistle signals for tugs, sup- maintain the ship position near the ply vessels, or persons unless author- mooring wall or in an emergency. ized to do so by the District Engineer Thrusters shall be at zero thrust during or his authorized agents. the period the ship is stopped and (e)(1) Manning requirements. On all moored to the wall with all lines out, vessels of 400 gross tons or over navi- and during raising and lowering of pool gating the canal under their own levels within the chamber. power, the following ship’s personnel (g) For passage through the canal, shall be on duty. In the pilot house, on vessels or boats owned or operated by the bridge, the master. One mate and the U.S. Government may be given one able seaman shall be on watch and precedence over all others. available to assist; in the engine room, (h) Vessel lockage order—(1) Arrival. the engineering watch officer. The All registered vessels will be passed chief engineer shall be available to as- through the locks in the order of their sist. During transit of the locks, all arrival at the dispatch point unless vessels of 400 gross tons or over otherwise directed by the District En- equipped with power operated mooring gineer or his authorized agents. When a deck winches shall have, in addition to vessel that has stopped on its own busi- the winch operators, mates or signal- ness is ready to proceed, it is not enti- man at the forward and after ends of tled to precedence over other vessels the vessel to direct operations from already dispatched. points providing maximum vision of (2) Departure. The following order of both the winch operators and canal departure procedure will apply to ves- linesmen. sels leaving the MacArthur Lock and (2) Linehandlers—(i) Cargo vessels Poe Lock simultaneously or at ap- equipped with bow thrusters and friction proximately the same time: winches. Two line handlers from the (i) The first vessel to leave will be vessel are required on the piers under the vessel in the lock which is ready normal weather conditions. for vessel release first. The vessel in Lockmasters can ask for three persons the other lock will be restrained by the under severe weather conditions. If a gates remaining closed and the wire vessel is experiencing mechanical prob- rope fender remaining in the down po- lems or in extreme severe weather situ- sition. ations, the lockmaster may require (A) On down bound passages, the ves- four vessel-supplied line handlers on sel retained shall not leave the lock the pier. until such time as the bow of the vessel (ii) Vessels with non-friction winches or leaving first reaches the end of the lack of both bow and stern thrusters. East Center pier. Four vessel-supplied line handlers are (B) On up bound passages, the vessel required on the pier at all times. retained shall not leave the lock until (f) Vessel restrictions—(1) Speed limits. such time as the bow of the vessel leav- Within the limits of the canal, vessels ing first reaches the railroad bridge. approaching the locks shall not navi- (ii) When a 1,000 foot vessel is ready gate at a speed greater than 21⁄2 miles to depart the Poe Lock and a vessel has per hour, and vessels leaving the locks left the MacArthur Lock already, the shall not navigate at a speed greater 1,000 foot vessel may start to leave than 6 miles per hour. Tugs assisting once the bow of the other vessel

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reaches the end of the respective nose face or surfaces on it which would be pier. liable to damage the lock walls or (iii) Vessels will remain in radio con- canal piers. tact with each other and with the Chief (p) No person shall cause or permit Lockmaster at all times until clear of any vessel or boat of which he is in the lock area. charge or on which he is employed to (iv) The need for a deviation from the in any way obstruct the canal or delay procedures set forth in paragraph in passing through it, except upon (h)(2)(i) of this section will be deter- prior authority of the District Engi- mined on a case by case basis by the neer or his authorized agents. Chief Lockmaster. If two vessels mas- (q) No person shall enter upon any ters agree to a different departure part of the canal grounds except as per- scheme, they both shall notify the mitted, either generally or in specific Chief Lockmaster and request a instances, by the District Engineer or change. his authorized agents. No person shall (i) Unless otherwise directed, all ves- willfully or carelessly injure, tamper sels or boats approaching the locks with, or damage the canal or any of the shall stop at the points indicated by Government buildings, works or struc- signs placed on the canal piers until or- tures, trees or shrubbery, or other pub- dered by the District Engineer or his lic property pertaining to the canal or authorized agents to proceed into the canal grounds. lock. (r) Tug assist procedure—(1) Self-pow- (j) Vessels and boats shall not pro- ered vessels. Mariners are advised that ceed to enter or leave a lock until the often times adverse local weather con- lock gates are fully in their recesses ditions, i.e., high winds, current condi- and the lockmaster has given direc- tions and/or inclement weather, exists tions for starting. as vessels approach, enter and/or de- (k) Upon each passage through the part the Soo Locks. These conditions canal, the master or clerk of the vessel combined with close quarters slow or craft shall report to the canal office, speed maneuvering, particularly with upon the prescribed form, a statement large vessels not equipped with bow or of passengers, freight, and registered stern thrusters, may cause control dif- tonnage, and such other statistical in- ficulties for certain classes of vessels. formation as may be required by the Therefore, any vessel requesting lock- blank forms provided for the purpose. age which in the opinion of the vessel (l) No business, trading, or loading or master in consultation with the pilot landing of freight, baggage, or pas- on board, where applicable may experi- sengers will be allowed on or over the ence severe control problems due to the canal piers or lock walls, or over the above conditions, must request assist- other piers within the limits of the ance by one or more tugs to ensure full canal grounds, except by prior author- control over the vessel at all times. ity of the District Engineer or his au- Vessel masters and pilots must consult thorized agents. with the lockmaster concerning local (m) No person shall throw material of conditions well in advance of arrival at any kind into the canal, or litter the the lock to allow tug assistance to be grounds with any refuse. arranged if necessary. These guidelines (n) The releasing of vessel steam, apply to all vessels. water, or waste from side discharge (2) Non self-powered vessels. All barges openings upon the piers or lock walls, or other vessels navigating within the the cleaning of boiler flues in the locks canal and not operating under their or canal, or the emission of dense own power, whether approaching or smoke from the stack of any vessel leaving the locks, are required to be as- while passing through the locks, is for- sisted by one or more tugs of sufficient bidden. power to ensure full control at all (o) No person shall enter or navigate times. the canal with a boat or other craft (s) Smoking and open flames are pro- which, when entering or while navi- hibited on the canal grounds within 50 gating the canal, shall have an iron or feet of any tanker transiting the canal irons projecting from it or a rough sur- and locks, and on board the tanker

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transiting the locks except in such sels greater than 730 feet in length, but places as may be designated in the not exceeding 767 feet in length to ship’s regulations. navigate the MacArthur Lock. Masters (t) All oil tankers, barges, and other of vessels exceeding 730 feet in length vessels which are used for transporting shall be required to adhere to special inflammable liquids, either with or handling procedures as prescribed by without cargo, shall, if not equipped the District Engineer. with fixed timber fenders, be prevented (w) The maximum overall dimensions from contacting any unfendered pier, of vessels that will be permitted to lock wall, or other structure by an ade- transit the New Poe Lock without spe- quate number of suitable fenders of cial restrictions are 100 feet in width, timber, rubber, or rope placed between including fendering, and 1,000 feet in the vessel and such unfendered struc- length, including steering poles or ture. other projections. Vessels having over- (u) The locks will be opened and all widths of over 100 feet and not over closed to navigation each year as pro- 105 feet including fendering, and over- vided in paragraphs (u) (1) and (2) of all lengths of not more than 1,100 feet, this section except as may be author- including projections, will be per- ized by the Division Engineer. Consid- mitted to transit the New Poe Lock at eration will be given to change in these such times as determined by the Dis- dates in an emergency involving dis- trict Engineer or his authorized rep- aster to a vessel or other extraordinary resentative that they will not unduly circumstances. delay the transit of vessels of lesser di- (1) Opening date. At least one lock mensions, or endanger the lock struc- will be placed in operation for the pas- ture because of wind, ice, or other ad- sage of vessels on March 25. Thereafter, verse conditions. These vessels also additional locks will be placed in oper- will be subject to such special handling ation as traffic density demands. requirements as may be found nec- (2) Closing date. The locks will be essary by the Area Engineer at time of maintained in operation only for the transit. Vessels over 1,000 feet in length passage of down bound vessels depart- will be required to be equipped with six ing from a Lake Superior port before mooring cables and winches ready for midnight (2400 hours) of January 14, use to assist in safe transit of the lock. and of upbound vessels passing Detour (x) Masters or other persons refusing before midnight (2400 hours) of January to comply with the regulations in this 15. Vessel owners are requested to re- section or any orders given in pursu- port in advance to the Engineer in ance thereof, or using profane, inde- charge at Sault Ste. Marie, the name of cent, or abusive language, may, in the vessel and time of departure from a discretion of the District Engineer or Lake Superior port on January 14 be- his authorized agents, be denied the fore midnight, and of vessels passing privileges of the locks and canal Detour on January 15 before midnight, grounds. which may necessitate the continued operation of a lock to permit passage [10 FR 14451, Nov. 27, 1945, as amended at 21 of vessel. FR 8285, Oct. 30, 1956; 22 FR 401, Jan. 19, 1957; 22 FR 864, Feb. 12, 1957; 31 FR 4346, Mar. 12, (v) The maximum overall dimensions 1966; 34 FR 18458, Nov. 20, 1969; 40 FR 8347, of vessels that will be permitted to Feb. 27, 1975; 40 FR 20818, May 13, 1975; 42 FR transit MacArthur Lock are 730 feet in 6582, Feb. 3, 1977; 42 FR 12172, Mar. 3, 1977; 57 length and 75 feet in width, except as FR 10245, Mar. 24, 1992; 61 FR 55572, Oct. 28, provided in paragraph (v)(1) of this sec- 1996; 64 FR 69403, Dec. 13, 1999] tion. Further, any vessel of greater length than 600 feet must be equipped § 207.441 St. Marys Falls Canal and with deck winches adequate to safely Locks, Mich.; security. control the vessel in the lock under all (a) Purpose and scope of the regula- conditions including that of power fail- tions. The regulations in this section ure. are prescribed as protective measures. (1) Whenever the Poe Lock is out of They supplement the general regula- service for a period exceeding 24 hours tions contained in § 207.440 the provi- the District Engineer may allow ves- sions of which shall remain in full force

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and effect except as modified by this September with one or two hour clo- section. sure extensions in the early and late (b) Restrictions on transit of vessels. seasons. Tankers carrying non-combus- The following classes of vessels will not tible products that will not react haz- be permitted to transit the U.S. locks ardously with water or tankers that or enter any of the United States ap- have been purged of gas or hazardous proach canals: fumes and certified gas free will be al- (1)–(3) [Reserved] lowed to transit the MacArthur Lock (4) Tanker vessels—(i) Hazardous mate- when the park is open. rial. Cleaning and gas freeing of tanks (5) Carrying explosives. All vessels, ex- on all hazardous material cargo vessels cept U.S. vessels of war and public ves- (as defined in 49 CFR part 171) shall not sels as defined in 46 U.S.C. 2101, car- take place in a lock or any part of the rying explosives are prohibited from Soo Locks approach canals from the transiting the U.S. Locks. outer end of the east center pier to the (c) Personnel restrictions. Masters of outer end of the southwest pier. vessels are responsible for the conduct (ii) Approaching. Whenever a tank of crew and passengers while transiting vessel is approaching the Soo Locks St. Marys Falls Canal and Locks and and within the limits of the lock piers for strict compliance with the regula- (outer ends of the southwest and east tions. The following procedures are es- center piers) either above or below the tablished for the control of persons em- locks, no other vessel will be released barking or debarking from vessels from the locks in the direction of the while transiting the locks: approaching tank vessel, unless the (1) The master or mate and not more tank vessel is certified gas free or is than three deckhands will be permitted carrying non-combustible products, to go ashore from transiting vessels until the tank vessel is within the lock and then only for normal operations chamber or securely moored to the ap- and business incident to the transit. A proach pier. Whenever a tank vessel is maximum of four men will be per- within a Soo Lock Chamber, the tank mitted ashore at any one time from vessel, unless certified gas free or is any one ship. carrying non-combustible products, (2) Personnel—(i) Embarking. Per- will not be released from the lock until sonnel, including technicians, repair- the channel within the limits of the men, and company officials will be per- lock piers either above or below the mitted to embark at the locks if they lock, in the direction of the tank ves- are in possession of a letter addressed sel, is clear of vessels or vessels therein to the Area Engineer, St. Marys Falls are securely moored to the approach Canal, Sault Ste. Marie, Michigan, pier. This limits movement to a single from the vessel’s master, the operators vessel whenever a tank vessel is within of the vessel, or the Lake Carriers’ As- the limits of the lock piers either sociation, requesting that the indi- above or below the locks, unless the vidual named therein be permitted to tank vessel is certified gas free or is embark on a particular vessel. United carrying non-combustible products. States vessel personnel must also be in Tank vessels to which this paragraph possession of a specially validated sea- (b)(4)(ii) applies include those vessels man’s document issued by the U.S. carrying fuel oil, gasoline, crude oil or Coast Guard. Their papers will be pre- other flammable liquids in bulk, in- sented to the civilian guard on duty at cluding vessels that are not certified the main gate on Portage Avenue who gas free where the previous cargo was will arrange escort from the gate to one of these liquids. the vessel. Luggage will be subject to (iii) Locks park. Except as provided in inspection. paragraph (b)(5) of this section, tankers (ii) Debarking. The vessel master will with any type cargo will be permitted furnish prior notification to the Chief to transit the MacArthur Lock when Lockmaster at St. Marys Falls Canal the locks park is closed. The exact Tower (Radio Call WUD–31) that he has dates and times that the park is closed vessel personnel, technicians, repair- varies, but generally these periods are men or company officials aboard for from midnight to 6 a.m. June through whom he requests authority to debark.

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If authority to debark is granted such tion seasons will commence and close personnel will be furnished a letter by as determined by the district engineer, the vessel master, addressed to the Corps of Engineers, in charge of the lo- Area Engineer, St. Marys Falls Canal, cality, depending on conditions and Sault Ste. Marie, Michigan, giving the need for lock service. Days and hours name and position of the individual of lock operation will also be deter- concerned. Personnel will not debark mined by the district engineer. Public until they have been properly identi- notices will be issued announcing or re- fied by a licensed officer of the vessel vising the opening and closing dates and the letter furnished to the escort and operating schedules at least 10 provided from the civilian guard detail days in advance of such dates. who will escort personnel to the gate. (2) Authority of lockmaster. The move- In the event a person debarking for ment of all boats, vessels, tows, rafts medical attention is a litter case, noti- and floating things, both powered and fication will be given sufficiently in ad- nonpowered, in the canals and locks, vance to permit the Chief Lockmaster approaches to the canals, and at or to route the vessel to the MacArthur near the dams, shall be subject to the Lock in order that the long carry over direction of the lockmaster or his duly the lock gates may be avoided. The authorized representatives in charge at Area Engineer will make the necessary the locks. arrangements for clearance of ambu- (3) Signals. All boats approaching the lances and medical personnel into the locks shall signal for lockage by four lock area. distinct whistles of short duration. (3) No passengers or guest passengers Locks will not be opened on such audi- will be permitted to embark or debark ble signal during the period when ad- at St. Marys Falls Canal except in vance notice is required if the services emergency when medical attention is of the lock tender are required else- required. where to meet prior requests for (4) Letters cited in paragraph (c)(2) of lockages. this section are valid only for a single passage through the lock area. In the (4) Mooring in locks. All craft being event frequent access to the area is re- locked shall be secured to the mooring quired a request for extended access posts on the lock walls. Large craft with reasons therefor will be submitted shall use one head line and at least one to the Area Engineer, St. Marys Falls spring line. Lines shall remain fastened Canal, Sault Ste. Marie, Michigan, who until the signal is given by the lock may arrange for the necessary clear- tender for the craft to leave the lock. ance. (5) Delays in canals. No boat, barge, (5) Emergency needs to embark or de- raft or other floating craft shall tie up bark which develop with insufficient or in any way obstruct the canals or time to follow the procedure outlined approaches, or delay entering or leav- in this paragraph will be approved or ing the locks, except by permission disapproved by the Area Engineer, St. from proper authority. Boats wishing Marys Falls Canal, Sault Ste. Marie, to tie up for some hours or days in the Michigan, according to the cir- canals must notify the Project Engi- cumstances of the individual case, and neer directly or through a lock tender, requests therefor should be promptly and proper orders on the case will be directed to him. given. Boats so using the canals must be securely moored in the places as- [19 FR 1275, Mar. 6, 1954, as amended at 21 FR signed, and if not removed promptly on 10253, Dec. 20, 1956; 23 FR 2300, Apr. 9, 1958; 24 FR 4562, June 4, 1959; 32 FR 10652, July 20, due notice, will be removed, as directed 1967; 35 FR 7512, May 14, 1970; 37 FR 4194, Feb. by the Project Engineer at the owner’s 2, 1972; 41 FR 3291, Jan. 22, 1976; 66 FR 30063, expense. Boats desiring to tie up in the June 5, 2001; 66 FR 31277, June 11, 2001] canals for the purpose of unloading car- goes over the canal banks must, in § 207.460 Fox River, Wis. each case, obtain permission in ad- (a) Use, administration and navigation vance from the District Engineer. Re- of the locks and canals—(1) Navigation. quest for such permission shall be sub- The Fox River and Wolf River naviga- mitted through the Project Engineer.

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(6) Provisions for lockage service. (i) (9) Draft of boats. No boat shall enter Commercial vessels, barges, rafts and a canal or lock whose actual draft ex- tows engaged in commerce will be pro- ceeds the least depth of water in the vided lockages during the same period channel of the canal as given by the as provided for pleasure boats (see Project Engineer. paragraph (a)(6)(iv) of this section). (10) Right-of-way. Boats going down- (ii) Pleasure boats, powered and non- stream shall have the right-of-way over powered, houseboats and similar craft boats going upstream. Ordinarily, the will be provided with not more than boats or tows arriving first at any of one lockage each way through the the locks shall have precedence in pas- same lock in a 24-hour period. sage except that those vessels which (iii) All small vessels or craft, such as have given advance notice, when such skiffs, sculls, sailing boats, etc., shall notice is required, shall have prece- be passed through locks in groups of dence over other vessels when such no- not less than six at one lockage, or tifying vessel is ready for passage. In may be granted separate lockage if the all cases boats and barges belonging to traffic load at the time permits. the United States, or employed upon (iv) Lockage may be provided during public works, shall have precedence certain hours other than announced at over all others, and commercial pas- the intermediate locks provided prior senger boats shall have precedence requests are made to the Corps of Engi- over tows. All boats not taking advan- neers, Fox River Project Office. Re- tage of the first lawful opportunity to quests may be made either in writing, pass shall lose their turn. When lock- by telephone or in person to U.S. Army age has started on tows requiring mul- Corps of Engineers, Fox River Project tiple lockages, all units of the tow will Office, 1008 Augustine Street, be locked ahead of other vessels trav- Kaukauna, Wisconsin 54130, telephone: eling in the same direction. In the case 414–766–3531. of tows requiring two lockages, any (7) Vessel Injury to locks or fixtures. craft awaiting lockage in the opposite operators shall use great care not to direction will have priority over the strike any part of the locks or sluice second lockage of the tow. walls, or any gate or appurtenance thereto, or machinery for operating the (11) Boats and rafts without power. No gates, or the walls protecting the boat or raft without power except banks of the canals. All boats using the small boats controlled by sails or oars canals shall be free from projecting shall be brought through the canal un- irons or rough surfaces that would be less accompanied by a power operated liable to damage the locks or any part boat. of the canals, and they must be pro- (12) Dumping of refuse in waterway. No vided with fenders to be used in guard- refuse or other material shall be ing the lock walls, etc., from injury. thrown or dumped from vessels into Boats will not be permitted to enter or the natural river, improved channels, leave the locks until the lock gates are canals and locks or placed on any bank fully in the gate recesses, and the lock of the river or berm of the canals so tender has directed the boat to pro- that it is liable to be thrown or washed ceed. No vessel shall be raced or crowd- into the waterway. (Sec. 13 of the River ed alongside another vessel, or be and Harbor Act of Mar. 3, 1899 (30 Stat. moved at such speed as will cause ex- 1152; 33 U.S.C. 407), prohibits the depos- cessive swells or wash. Speed shall be iting of any refuse matter in any navi- kept at a minimum consistent with gable water or along the banks thereof safe navigation. where the same shall be liable to be (8) Handling gates. No one, unless au- washed into such navigable water.) thorized by the lock tender, shall open (13) Drawing off water. No water shall or close any gate, or valve, or in any be drawn by any party or parties from way interfere with the employees in any portion of the Fox River canals, or the discharge of their duties. The lock of the Fox River, including its lakes, tender may call for assistance from the improved channels and unimproved master of any boat using the lock channels, to such extent as to lower should such aid be needed. the water surface below the crest of

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that dam next below the place where administration, and navigation of that such draft of water is affected. river, so far as they may be applicable. (14) Obstructing navigation. Anyone (2) The drydock at Kaukauna, when who shall willfully or through careless- not required for repairs or construction ness in any way obstruct the free navi- by the United States, may be used by gation of the waterway, or by violation private parties or corporations under of any of the laws or regulations gov- certain restrictions and under the su- erning the waterway and those using pervision and direction of the U.S. Dis- it, delay or inconvenience any boat trict Engineer in charge of the locality having the right to use the waterway, or his authorized agent. shall be responsible for all damages (3) The drydock will be loaned to pri- and delays, and for all expenses for re- vate parties only when no private dry- moving the obstructions. (Sec. 20 of the dock is available at the time and for River and Harbor Act of Mar. 3, 1899 (30 the purpose desired. Applicants will be Stat. 1154; 33 U.S.C. 415), authorizes the required to establish over their signa- immediate removal or destruction of ture the fact that due effort has been any sunken vessel, craft or similar ob- made to secure the use of a private dry- struction, which impedes or endangers dock and none can be had. navigation.) (4) Private parties desiring to use the (15) [Reserved] Kaukauna drydock will give notice to (16) Trespass on U.S. property. Tres- the U.S. Assistant Engineer in local pass on waterway property or injury to charge at Appleton, Wis., as long in ad- the banks, locks, dams, canals, piers, vance as practicable, stating when use fences, trees, buildings or any other of the dock is wanted, nature of repairs property of the United States per- required, and the dimensions and char- taining to the waterway is strictly pro- acter of boat. No boat will enter the hibited. No business, trading or landing dock until the permission of the U.S. of freight or baggage will be allowed on District Engineer or the Assistant En- or over Government property, unless a gineer above referred to has been ob- permit or lease approved by the Sec- retary of the Army has been secured. tained. (17) Neenah dam outlet works. (i) Dur- (5) All private parties or corporations ing periods of high water, when deter- using the Kaukauna drydock will fur- mined to be necessary by the District nish all material and labor, including Engineer, U.S. Army Engineer District, blocking, when necessary, required for Chicago, to reduce the threat of flood- prompt execution of their work, and ing, it shall be the duty of the person will also furnish all labor for properly owning, operating, or controlling the operating, under the immediate per- dam across the Neenah Channel of the sonal supervision of an authorized Fox River at Neenah, Wis., acting as canal employee, gates, and sluices of agent of the United States, to open or the drydock. No gate or sluice of the close, or cause to be opened or closed, drydock will be operated, or in any way pursuant to paragraph (a)(17)(ii) of this meddled with, except by permission of section, the outlet works of said dam and under the personal supervision of to regulate the passage of water such authorized canal employee. through said outlet works. (6) No boat will be allowed to occupy (ii) The outlet works of said dam the Kaukauna drydock for a longer pe- shall be opened when and to the extent riod than 2 days when other boats are directed by the District Engineer or his waiting to use the dock, except in cases authorized field representatives, and when, in the opinion of the U.S. Dis- said outlet works shall thereafter be trict Engineer or his authorized agent, closed when and to the extent directed circumstances necessitate and justify a by the said District Engineer or his au- longer use than 2 days. The U.S. Dis- thorized field representative. trict Engineer or his authorized agent (b) Use of the United States drydock on is authorized to remove from the dry- Fox River at Kaukauna, Wis. (1) The dock any boat using or occupying such drydock being a part of the Fox River dock without his authority, and the ex- improvement, its use will be governed pense of such removal will be paid by by the general regulations for the use, the party or parties owning such boat.

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(7) The wages of all mechanics and la- (13) The dock will be considered in borers, due from private parties for re- use by a boat from the time the dock is pairs carried on in the Kaukauna dry- placed at its disposal until the boat is dock, must be paid before the boat out of the dock. leaves the dock. (14) The length of all vessels shall be (8) Repair shop, timber shed, tools, the over-all length measured on the etc., owned by the Government at and main deck from stem to stern. near the drydock shall not be used by (15) The charges for the use of the parties allowed to occupy the drydock. drydock shall be paid within 10 days (9) Lumber and all material needed from date of bill, which will be sub- by parties allowed to use the drydock mitted to the owner by the District En- may be deposited in the drydock yards gineer as promptly as possible after the at such places as may be directed, but vessel leaves the dock. If charges are only for such time as repairs are being not so paid, the vessel shall be liable to made, and residue must be entirely re- the amount of the charges and the cost moved when the boat leaves the dock; of collection in the manner prescribed general storage will not be permitted. by law, and the owner of the vessel (10) All refuse and old material taken shall be denied the use of the drydock from boats under repairs must be re- until all charges and the cost of collec- moved or disposed of, as may be di- tion have been paid to the United rected, by the owner of the boat or his States. employees without expense to the Gov- (16) This section supersedes the regu- ernment, and before the boat leaves the lations for the use of this drydock ap- dock, and to the satisfaction of the proved April 10, 1906, which regulations agent in charge of the dock. are hereby revoked. (11) The Government charges for the [Regs., Oct. 2, 1926, as amended at 33 FR authorized and necessary use and occu- 11544, Aug. 14, 1968; 36 FR 1253, Jan. 27, 1971; pancy of the Kaukauna drydock by pri- 43 FR 26570, June 21, 1978; 48 FR 13985, Apr. 1, vate boats shall be, until further or- 1983; 56 FR 13765, Apr. 4, 1991] ders, as follows: (i) Docking charges (including lay § 207.470 Sturgeon Bay and Lake time for the calendar day on which ves- Michigan Ship Canal, Wis.; use and sel is docked): Tugs, motor boats, and navigation. dredges, 75 cents per linear foot; $25 (a) Authority of canal officers. The minimum charge. Barges, dump scows, movement of all boats and floating and derrick boats, 65 cents per linear things in the canal and in the ap- foot; $20 minimum charge. proaches thereto shall be under the di- (ii) Lay-day charges (excluding Sun- rection of the superintendent or his au- days and national holidays, unless re- thorized assistants, and their orders pairs are made on such Sundays and and instructions must be obeyed. holidays): For all vessels, 20 cents per (b) Signals. On entering the canal at linear foot per calendar day or part either entrance, steamers or tugs must thereof; $7 per calendar day or part blow their whistles for 1 minute in thereof, minimum charge. order to warn craft approaching from (12) The charges for all use or occu- opposite direction and give them time pancy of the Kaukauna drydock by a to guard against collisions, by tying up boat or private parties, after repairs on if necessary. All steamers approaching such boat have, in the opinion of the others going in the opposite direction U.S. District Engineer or authorized shall slacken speed so as to pass in agent, been so far completed as to per- safety. Compliance is required with mit safe removal from the dock, or rule V of the rules and regulations for after such removal has been ordered by the government of pilots, adopted by the U.S. District Engineer or his au- the U.S. Coast Guard. thorized agent, shall be $50 per day or part of a day, in addition to any pen- Rule V. Whenever a steamer is nearing a short bend or curve in the channel where, alties incurred for violation of any of from the height of the banks or other cause, the regulations prescribed by law for a steamer approaching from the opposite di- the government of the dock and those rection cannot be seen for a distance of half using it. a mile, the pilot of such steamer, when he

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shall have arrived within half a mile of such (n)–(o) [Reserved] curve or bend, shall give a signal by one long blast of the steam whistle, which signal shall [Regs., Feb. 15, 1895, as amended Apr. 14, 1908; be answered by a similar blast by the pilot of 42 FR 57962, Nov. 7, 1977; 56 FR 13765, Apr. 4, any approaching steamer that may be within 1991] hearing. Should such signal be so answered by a steamer upon the farther side of such § 207.476 The Inland Route—lock in bend, then the usual signals for the meeting Crooked River, Alanson, Mich.; use, and passing shall immediately be given and administration, and navigation. answered; but if the first alarm signal of (a) General. The use, administration, such pilot be not answered, he is to consider and navigation of the lock shall be the channel clear and govern himself accord- under the direction and supervision of ingly. the District Engineer, U.S. Army Engi- (c) Speed. The rate of speed while neer District, Detroit, Mich., and his passing through the canal shall not ex- authorized agents. ceed 5 miles per hour. (b) Authority of lockmaster. The (d) Keeping in the center. The center lockmaster shall be charged with the must be kept all the way through, ex- immediate control and management of cept in passing other craft. In case of the lock, and of the area set aside as grounding, the rapid or strong working the lock area, including the lock ap- of boat’s engines is strictly forbidden. proach channels. He shall see that all (e)–(g) [Reserved] laws, rules, and regulations for the use (h) Rafts. (1) The passage of bag or of the lock and lock area are duly com- sack rafts, or of loose logs, into or plied with, to which end he is author- through the canal is prohibited. ized to give all necessary orders and di- (2) Rafts shall be made up with logs rections in accordance therewith, both parallel to each other, in the direction to the employees of the Government of raft lengths, secured and held close- and to any and every person within the ly together by frequent cross-sticks, limits of the lock area, whether navi- chains, or cables. gating the lock or not. No one shall (3) Rafts shall not be of greater di- cause any movement of any boat, craft mensions, either way, than 50 feet wide or other floating object in the lock or by 600 feet long, and if longer than 300 approaches except by or under the di- feet shall be handled by two tugs. rection of the lockmaster or his assist- (4) No raft shall pass through the ants. canal, unless by special permission of (c) Operation. The lock operating sea- the superintendent or his authorized son will commence and close as deter- assistants, who will direct a time for mined by the district engineers, Corps passing that will least interfere with of Engineers in charge of the locality, other navigation. depending on conditions and the need (5) Masters of tugs and other persons for lockage services. Public notices in charge of rafts are required to avoid will be issued announcing the opening damaging the canal revetments, and and closing dates at least 15 days in ad- displacing buoys, spars, or the pedestal vance of such dates. of any range light aiding navigation (d) Maximum allowable dimensions of through the canal. They shall keep craft. (1) Overall length—60 feet. careful watch when passing aids to (2) Overall width—16 feet. navigation, and should any be acciden- (3) Height above water—15 feet when tally displaced, shall report the fact at upper pool is at low water datum. the earliest possible moment to the su- (4) Draft—6 feet when lower pool is at perintendent or his authorized assist- low water datum. ants. (e) Signals. (1) Craft desiring lockage (i)–(l) [Reserved] in either direction shall give notice to (m) Refuse in canal. No person shall the lock tenders, when not farther than roll or throw any stones, ashes, cin- 200 yards from the lock, by one long ders, or other material into the canal blast (of 10 seconds duration) followed or the approaches thereto, or place any by one short blast (of 3 seconds dura- such material on any bank or berm of tion) of whistle, horn, or siren. the canal so that it is liable to be (2) Craft not equipped with whistle, thrown or roll in. horn, or siren may signal for lockage

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by use of the signal provided for this the following rule: The first steam ves- purpose located near the extreme end sel, or the first steam vessel with con- of the guide wall to the starboard side sort in tow, on entering the harbor for of the craft, both upbound and shelter, will proceed to the upper end downbound. of the breakwater. All steam vessels, (f) The procedures for transit of lock. (1) and all steam vessels with consorts in Stand clear of the lock while the red tow, entering later, will place them- signal light shows. selves in a compact position close to (2) When the green signal light shows those preceding them. Sailing craft and the lock horn sounds three blasts, will so locate themselves that they will approach and enter the lock. not lie in the way of other vessels en- (3) Full control of the craft must be tering the harbor. All vessels of every maintained while entering the lock. description will in no way place them- (4) After entrance to the lock is com- selves so as to interfere with the work plete, the craft shall be securely of reconstruction of piers, or repairs, moored to the cleats and bitts situated that may be in progress at the time. on the lock wall. (c) The use of chains in making fast (5) While moored in the lock, the op- to the breakwater will not be per- erator of the craft shall maintain con- mitted. Lines must be attached to the stant attention to the mooring lines, snubbing posts only, and outboard an- to provide slack or retain tautness as chors taken in. needed. (d) Steam craft with barges or vessels (6) The craft shall remain securely in tow will, if practicable, at once moored until the exit lock gate is fully place them compactly alongside the open and the lock horn sounds one breakwater, either taking in the tow- blast. lines entirely or passing them on the (7) When the exit lock gate is fully breakwater so as not to interfere in open and the lock horn has sounded any way with the landing or departure one blast, the craft shall immediately of boats or vessels between them. If im- leave the lock under full control of its practicable to place them alongside the operator. breakwater, they will each drop anchor (g) Precedence at lock. The craft arriv- and at once take in all towlines extend- ing first at the lock shall be first to ing from one to the other. lock through; but precedence will be (e) Passenger boats will, in general, given to craft belonging to the United have the preference as to location and States or other local government enti- attention by the officer in charge. ties, such as state, county, or munici- Rafts will give way to all documented pality. Arrival posts may be estab- craft. lished above and below the lock. Craft (f) All classes of boats, barges, ves- arriving at or opposite such posts or sels, or other floating property making markers will be considered as having fast to the breakwater must at once arrived at the locks within the mean- place such fenders between themselves ing of this paragraph. and the breakwater as may be thought [32 FR 9068, June 27, 1967, as amended at 48 necessary by the officer in charge to FR 6707, Feb. 15, 1983] prevent chafing or other damage. (g) The unloading of wood, coal, bal- § 207.480 Lake Huron, Mich.; Harbor of last, stone, or freight of any class upon refuge, Harbor Beach; use and navi- the breakwater is expressly prohibited, gation. except in certain cases allowed by spe- (a) All boats, barges, and vessels en- cial permission from the officer in tering the harbor will be required to charge. take such positions as may be assigned (h) Each and every piece of floating them by the officer in charge, who will property made fast to the breakwater, direct their movements, either from or anchored in the harbor, must keep the breakwater or from the Govern- outboard from sunset to sunrise a con- ment tug on the harbor. spicuous white light, and must have (b) In the absence of any directions upon it and in immediate charge of it a as to position, boats, barges, and ves- watchman during the entire time such sels entering the harbor will observe floating property is in the harbor. All

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colored lights must be at once taken without the consent of the District En- in, or covered, on dropping anchor or gineer, U.S. Army, in charge of the lo- making fast to the breakwater. cality, or his authorized agent. (d) No vessel shall moor or anchor in [Regs., Apr. 3, 1906] or along any improved channel or basin § 207.560 Sandusky Harbor, Ohio; use, in such manner as to interfere with im- administration, and navigation. provement or maintenance operations therein. Whenever in the opinion of the (a)–(c) [Reserved] District Engineer any vessel is so (d) No vessel shall moor or anchor to moored or anchored, the owner thereof any structure of the United States shall cause said vessel to be moved without the consent of the District En- upon notification from and within the gineer, U.S. Army, in charge of the lo- time specified by said District Engi- cality, or his authorized agent. neer. (e) No vessel shall moor or anchor in or along any improved channel or basin [Regs., May 5, 1938, as amended at 25 FR 8908, in such manner as to interfere with im- Sept. 16, 1960; 42 FR 57962, Nov. 7, 1977] provement or maintenance operations § 207.580 Buffalo Harbor, N.Y.; use, ad- therein. Whenever in the opinion of the ministration, and navigation. District Engineer any vessel is so (a)–(b) [Reserved] moored or anchored, the owner thereof (c) No vessel shall moor or anchor to shall cause said vessel to be moved any structure of the United States upon notification from and within the without the consent of the District En- time specified by said District Engi- gineer, U.S. Army, in charge of the lo- neer. cality, or his authorized agent. [Regs., May 6, 1938, as amended at 25 FR 8908, (d) No vessel shall moor or anchor in Sept. 16, 1960; 42 FR 57962, Nov. 7, 1977] or along any improved channel or basin in such manner as to interfere with im- § 207.565 Vermilion Harbor, Ohio; use, provement or maintenance operations administration, and navigation. therein. Whenever in the opinion of the (a)–(b) [Reserved] District Engineer any vessel is so (c) No vessel or other craft shall moored or anchored, the owner thereof moor or anchor to any structure of the shall cause said vessel to be moved United States without the consent of upon notification from and within the the District Engineer, Corps of Engi- time specified by said District Engi- neers. neer. (d) No vessel or other craft shall [Regs., May 5, 1938, as amended at 25 FR 8908, moor or anchor in or along any im- Sept. 16, 1960; 42 FR 57962, Nov. 7, 1977] proved channel or basin in such a man- ner as to interfere with the improve- § 207.590 Black Rock Canal and Lock ment or maintenance operations there- at Buffalo, N.Y.; use, administration, in. Whenever in the opinion of the Dis- and navigation. trict Engineer any vessel or craft is so (a) The term ‘‘canal’’ when used in moored or anchored, the owner thereof this section will mean all of the Black shall cause such vessel or craft to be Rock Waterway, including Black Rock moved upon notification from, and Lock, and all of the lands, piers, build- within the time specified by, the Dis- ings, and other appurtenances acquired trict Engineer. by letters patent from the State of New [13 FR 9564, Dec. 31, 1948, as amended at 42 York, or constructed for the use of the FR 51773, Sept. 29, 1977; 42 FR 57962, Nov. 7, waterway; the southerly limit thereof 1977] being at the southerly end of Bird Is- land Pier, and the northerly limit § 207.570 Harbors of Huron, Lorain, being at the downstream end of the Cleveland, Fairport, Ashtabula, guide pier, Black Rock Lock, a length Conneaut, Ohio; use, administra- of 3.7 miles. tion, and navigation. (b) The canal and all of its appur- (a)–(b) [Reserved] tenances and the use, administration (c) No vessel shall moor or anchor to and navigation thereof shall be in any structure of the United States charge of the District Engineer, U.S.

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Army Engineer District, in charge of (1) All vessels and boats which can- the locality, or his authorized agents. not pass under the bridge shall, on ap- (c) The movement of all vessels, proaching the bridge, reduce speed suf- boats, or other floating things in the ficiently to enable them to come to a canal shall be under the direction of dead stop, without touching the bridge, the authorized agents of the District in case the movable span cannot be Engineer in charge, and their orders lifted. If the wind is dangerously and instructions must be obeyed. strong, passage of the bridge shall not (d) For passage through the canal, be attempted by large vessels without vessels or boats belonging to the U.S. the aid of a tug or tugs. Government shall have precedence over (2) Vessels and boats bound north all others. shall have the right-of-way and pri- (e) All registered vessels or boats ority for passage through the bridge must pass through the canal in order of over those bound south. their arrival at the canal limits, unless (3) All vessels and boats desiring pas- otherwise directed in accordance with sage through the bridge shall signal this section. therefor by one long and two short (f) [Reserved] whistle blasts. (g) No vessel shall pass or approach (4) Upon receiving the opening signal, within 1⁄4-mile of a vessel bound in the the bridge operator shall answer by same direction in the Black Rock giving the same signal on the bridge Canal south of the Ferry Street Bridge. whistle and he shall then proceed at Tugs without tows, tugs towing a sin- once to lift the bridge. gle barge under 150 feet in length, and single vessels under 150 feet in length (5) In case the bridge cannot be lifted, are exempt from this paragraph. for any cause, the bridge operator shall (h) No vessel or boat shall anchor in answer a vessel signal by giving five or moor along the canal except at lo- short whistle blasts; and the vessel calities specially designated by the shall then be stopped until the bridge District Engineer or his agent; and no is ready to be lifted, when the bridge business, trading, or landing of freight operator shall give the whistle signal or baggage, except such articles as may for passage and the vessel may proceed. be readily carried in the hand, will be (6) In case the bridge is disabled so allowed on or over the canal lands or that it cannot be lifted for one-half structures, without the permission of hour or more pending repairs, red flags the District Engineer or his agent. will be displayed on the bridge in day- (i) No person or operator of a vessel time and two red lantern lights, one in the Black Rock Canal, lock or ap- above the other, at night; and when proaching channels shall throw or dis- such signals are displayed no vessel or charge or permit to be thrown or dis- boat shall signal for or attempt pas- charged any solid material of any kind sage through the bridge. or any petroleum product of any kind (l) Radio control of vessel movement in into the canal, lock or appurtenant wa- Black Rock Canal. (1) The movement of ters. vessels in the Black Rock Canal will be (j) All vessels and tows shall be navi- controlled by radio communication be- gated with care so as not to strike or tween the Black Rock Lock and the disturb the channel buoys or channel vessels desiring to use the canal. Ves- markers. If a buoy or other channel sels will not be permitted to meet or marker is accidentally struck, dam- pass in the channel of restricted width aged or displaced, the fact shall be re- between the southerly end of Bird Is- ported immediately to the Black Rock land (approximately 3,500 feet north- Lock, foot of Bridge Street, Buffalo, erly along the canal from the North N.Y., telephone 876–5454. Breakwater South End Light) and the (k) Ferry Street Bridge: The International Railway Bridge near the clearheadroom under the bridge at low southerly entrance to the Black Rock water datum is 17.3 feet for a width of Lock. Vessels less than 150 feet in 86 feet from the pivot pier, thence de- length and tugs towing a single barge creasing to 12.3 feet at the left (west- under 150 feet in length are not to be erly) abutment. included in this special condition. In

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addition to the control of vessel move- (ii) Vessels desiring to enter the ments in the restricted section of the Black Rock Canal from either the Buf- canal, radio communications will also falo Outer Harbor or the Buffalo River be utilized to facilitiate the passage of shall call the Black Rock Lock on VHF vessels through the entire canal and Channel 16 or by land telephone to 876– the Black Rock Lock. 5454 immediately before departing a (2) Radio communication will be the dock and again when abreast of the only means of control of vessel traffic North Breakwater South End Light on in the canal in order to prevent a meet- the southerly end of the North Break- ing or passing of vessels in the re- water. stricted area, and therefore it is man- (iii) In any radio communication datory that all vessels over 150 feet in from a vessel to the Black Rock Lock, length and tugs towing a barge or and VHF(FM) frequencies will be uti- barges over 150 feet in combined length lized. of tow be equipped with radio commu- (iv) In any radio communication nication equipment operating on des- from a vessel to the Black Rock Lock, ignated frequencies. Any vessel lacking the VHF (FM) frequencies will be uti- such equipment will not be permitted lized if available in preference to the to enter the canal unless arrangements MF (AM) frequencies. are made with the Black Rock Lock by (v) When an initial radio contact has land telephone to 876–5454 or marine been made with the Black Rock Lock ship-to-shore facilities immediately be- the vessel entering the canal shall fore entering the canal. maintain a standby watch at the radio (3) The Black Rock Lock radio com- until the passage through the canal munication equipment operates on and lock is completed. VHF(FM) frequencies as follows: VHF— 156.8 Mcs—Channel 16—Safety and Call- (vi) Failure to comply with the fore- ing, VHF—156.7 Mcs—Channel 14— going procedures could result in con- Working; VHF—156.6 Mcs—Channel 12 siderable delay to a vessel and possibly Working. A listening watch is main- in a collision between vessels in the re- tained on VHF Channel 16. stricted section of the canal. (4) In order that positive control may (m) Black Rock Lock. All vessels and be maintained it is mandatory that the boats desiring to use the lock shall sig- following procedures be followed in nal by two long and two short whistle communicating by radio with the blasts. Black Rock Lock: (1) Northbound vessels and boats (i) Vessels desiring to enter the Black shall not be brought to within less than Rock Canal from either the Buffalo 300 feet of the upper lock gates, nor Outer Harbor or the Buffalo River shall shall southbound vessels be brought to call the Black Rock Lock on VHF within less than 200 feet of the lower Channel 16 or by land telephone ap- lock gates, until the lock is made proximately 15 minutes before the esti- ready and the lockmaster in charge mated time of arrival at Buffalo Har- signals the vessel to enter the lock. bor Traffic Lighted Bell Buoy 1 located (2) Vessels and boats shall not moor at latitude N. 42°50.1′ and longitude W. to the approach walls of the lock at ei- 78°55.4′. Information to be furnished the ther end, for any other purpose than Black Rock Lock Operator should in- waiting for lockage, except by direc- clude the name of the vessel, position, tion or permission of the lockmaster. destination, length, draft (forward and (3) Commercial vessels will receive aft) and the type of cargo. A second perference in passage through the call shall be made to the lock when the locks. Small vessels such as row, sail, vessel is abreast of the Buffalo Harbor and motor boats, bent on pleasure Light on the southerly end of the de- only, will be passed through the lock in tached West Breakwater. Information company with commercial vessels furnished the vessel by the Lock Oper- when small vessels can be safely ator will assure the vessel operator of accomodated or in the absence of com- the proper time to enter the Black mercial vessels may be passed through Rock Canal with a view to safety and the lock individually or together in one minimum delay. lockage on the hour if northbound and

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on the half hour if southbound. How- (iv) No guest passengers will be per- ever, commercial vessels will receive mitted to either board or disembark at preference which could delay the pas- the canal or locks. sage of pleasure craft. Pleasure craft (9) Schedule of Seasonal Operation: will not be permitted to pass through (i) March 23 through June 14—6 a.m. the lock with vessels carrying inflam- to 11 p.m., daily. mable cargo. Vessels and other large (ii) June 15 through September 6–24 boats when in the lock shall fasten one hours, daily. head line and one spring line to the (iii) September 7 through November snubbing posts on the lock walls, and 30—6 a.m. to 11 p.m., daily. the lines shall not be cast off until the (iv) December 1 through March 22—8 signal is given by the lockmaster for a.m. to 4:30 p.m., daily. During the the boats to leave the lock. navigation season the hours may be ex- (4) Vessels and boats will be passed tended by the district engineer, de- through the lock in order of their ar- pending on conditions and the need for rival except that the lockmaster may lockage service. Public notices will be order a small vessel to lock through in issued announcing the opening and company with another vessel, irrespec- closing dates at least 10 days in ad- tive of the former’s order of arrival. vance of such dates. (5) All vessels and boats shall be ma- (10) Non-operational hours lockings. In neuvered with great care so as not to addition to the above schedule of oper- strike any part of the lock walls, or ating hours, commercial vessels may any gate or appurtenance thereto, or be locked through during non-oper- machinery for operating the gates, or ational hours with prior arrangements the walls protecting the lock ap- made through the U.S. Army Engineer proaches. District, Buffalo. Requests for non- (6) Vessels and boats shall not enter operational hours lockings shall be or leave until the lock gates are fully made at lease 24 hours in advance by in their recesses, and the lockmaster calling (716) 876–5454, extension 2284 or has given direction for starting. by radio as described in paragraph (l) of (7) [Reserved] this section, Monday through Friday, 9 (8) Trespass on lock property is a.m. to 4 p.m., except holidays. Re- strictly prohibited. However, in that quests shall include the approximate portion of the Black Rock Canal lying time of arrival and the name and call between the International Railway letters of the vessel or, if the vessel is Bridge and the northerly end of the not equipped to receive radio messages, westerly lower guide pier, the following a telephone number at which messages conditions shall apply to the embark- may be received for the vessel. If a re- ing or disembarking of crew members quested lockage must be delayed, or passengers of a vessel transiting the prompt notification shall be given by lock: telephone or radio. (i) Only the master or mate and two [30 FR 3382, Mar. 13, 1965; 30 FR 3881, Mar. 25, or three linesmen will be permitted to 1965, as amended at 41 FR 34035, Aug. 12, 1976; go ashore from transiting vessels and 42 FR 57962, Nov. 7, 1977; 45 FR 51555, Aug. 4, then only for normal operations and 1980; 56 FR 13765, Apr. 4, 1991] business incident to the transit. A maximum of only four (4) men will be § 207.600 Rochester (Charlotte) Har- permitted to go ashore from any one bor, N.Y.; use, administration, and ship. navigation. (ii) No crew members will be per- (a)–(b) [Reserved] mitted to board a ship at the locks un- (c) No vessel shall moor or anchor to less previously requested in writing by any structure of the United States the master or owners, and approved by without the consent of the District En- canal authorities. gineer, U.S. Army, in charge of the lo- (iii) No crew member may leave a cality, or his authorized agent. ship while it is in transit in the lock or (d) No vessel shall moor or anchor in canal unless certified in advance as an or along any improved channel or basin emergency by the vessel master and in such manner as to interfere with im- approved by canal authorities. provement or maintenance operations

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therein. Whenever in the opinion of the special permission from the said Dis- District Engineer any vessel is so trict Engineer or his representative. moored or anchored, the owner thereof (i) Each and every vessel made fast to shall cause said vessel to be moved the breakwater, or anchored in the har- upon notification from and within the bor without a line made fast to the time specified by said District Engi- shore or shore dock, must have at least neer. one experienced person upon it during the entire time said vessel is thus [Regs., May 5, 1938, as amended at 25 FR 8908, Sept. 16, 1960; 42 FR 57962, Nov. 7, 1977] moored in the harbor. [Regs., May 6, 1938, as amended at 25 FR 8908, § 207.610 St. Lawrence River, Cape Sept. 16, 1960; 42 FR 57962, Nov. 7, 1977] Vincent Harbor, N.Y.; use, adminis- tration, and navigation of the har- § 207.640 Sacramento Deep Water Ship bor and U.S. breakwater. Channel Barge Lock and Approach (a)–(c) [Reserved] Canals; use, administration, and (d) Vessels shall observe the fol- navigation. lowing rule in mooring to the break- (a) Sacramento Deep Water Ship Chan- water: The first self-propelled vessel nel Barge Lock and Approach Canals; stopping at the harbor for shelter will use, administration and navigation—(1) proceed to the upstream end of the General. The lock, its approach chan- breakwater and moor along either side nels and all its appurtenances, includ- of it. All similar vessels entering later ing the highway and railroad bridge, will place themselves in a compact po- shall be under the jurisdiction of the sition close to those preceding them. District Engineer, U.S. Army Engineer Passenger vessels will, in general, have District, Sacramento, Federal and preference as to location of moorage. Courts Building, 650 Capitol Avenue, Sailing craft will so locate themselves Sacramento, California. His designated that they will not lie in the way of representative at the locality shall be other vessels entering the harbor. All the lockmaster, who will be in imme- vessels of every description will place diate charge of movement and position themselves so as not to interfere with of all water traffic while at or near the any work of reconstruction or repair locks and in the barge canals. that may be in progress at the time. (2) Immediate control. The lockmaster (e) The use of chains in making fast shall be charged with the immediate to the breakwater is prohibited. Lines control and management of the lock, must be attached to the snubbing posts bridge, and of the area set aside as the only, and outboard anchors taken in. lock area, including the entrance chan- (f) Vessels with other craft in tow nels. He shall see that all laws, rules will, if practicable, at once, moor them and regulations for the use of the lock, compactly along the breakwater, ei- bridge and the lock area are duly com- ther taking in the towlines or placing plied with, to which end he is author- the slack in them upon the breakwater ized to give all necessary orders and di- in such a manner as not to interfere rections in accordance therewith, both with other vessels. If necessary to to employees of the Government and to moor alongside of other vessels moored any and every person within the Gov- to the breakwater, the towlines shall ernment lock area. Crews shall render be taken in or disposed of in such a such assistance in the lockage of their manner as not to interfere with the de- craft as may be required by the parture of vessels moored between lockmaster. them and the breakwater. (3) Signals—(i) Sound. All craft desir- (g) Vessels of every description moor- ing lockage shall signal by two long ing to the breakwater, must place suit- blasts followed by two short blasts of able fenders between themselves and the whistle, delivered at a distance of the breakwater to protect the timber one-half mile from the lock. When the walings on the breakwater from dam- lock is ready for entrance, notice will age. be given by one long blast from the (h) The unloading of freight of any control house. Permission to leave the class upon the breakwater is expressly lock will be one short blast given by prohibited, except in accordance with the lockmaster.

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(ii) Visual lock traffic signals. Visual the center of the lock. A vessel must signals are located outside of each lock not attempt to enter the lock if its gate on the north guide wall, and will beam or length is greater than indi- be used in conjunction with sound sig- cated above, or if its draft exceeds the nals. When the red light is flashing, depth of water indicated by the gages, lock cannot be made ready for entrance with due allowance for clearance. immediately, vessel must stand clear. (5) Precedence at lock. Ordinarily, When the amber light is flashing, lock craft will be locked through in order of is being made ready, prepare for lock- arrival; however, depending upon age. When the green light is flashing, whether the lock is full or empty, this lock is ready for entrance, the vessel precedence may be modified at the dis- may proceed with caution into the cretion of the lockmaster if boats are lock. approaching from the opposite direc- (iii) Visual river traffic signals. Visual tion and are within reasonable distance signals are located on the south bank of the lock at the time of the approach of the barge canal at the confluence by the first boat. When several craft with the Sacramento River and also are to pass, precedence shall be given 1,950 feet upstream on the west bank of as follows: the Sacramento River. When the red First: Government owned or controlled craft. light is on, a river-bound vessel of a Second: Commercial craft. size making passing in the canal haz- Third: Passenger boats. ardous is in the lock or canal. Ap- Fourth: Small vessels and pleasure boats. proaching vessel shall stand clear of (6) Loss of turn. Boats that fail to canal to permit out-going vessel to enter the lock with reasonable prompt- pass. When the amber light is on, a ness, after being authorized to do so, river-bound vessel of a size to permit shall lose their turn. passing is in the lock or canal. Vessel (7) Multiple lockage. The lockmaster may enter canal with caution. When shall decide whether one or more ves- the green light is on, vessel may enter sels may be locked through at the same canal and proceed under full control. time. (iv) Radio. The lock is equipped with (8) Speed. Vessels shall not be raced two-way radio operating on a fre- or crowded alongside another in the quency of 156.60 mc. The frequency is barge canals. When entering the barge monitored by the lock personnel. Ves- canals and lock, speed shall be reduced sels equipped with two-way radio may to a minimum consistent with safe communicate with the crew operating navigation. As a general rule, when a the lock but communications or sig- number of vessels are entering the nals so received will only augment and lock, the following vessel shall remain not replace the sound and visual sig- at least 200 feet astern of the vessel nals. ahead. No overtaking, except when di- (4) Permissible dimensions of vessels and rected by lockmaster, will be per- tows. The lock chamber has a max- mitted. imum usable width of 86 feet and (9) Lockage of small boats—(i) General. length of 600 feet. The sill at the harbor The lockage of pleasure boats, skiffs, end and the bottom of the lock cham- fishing boats and other small craft will ber are ¥13.0 feet elevation, CofE be coordinated with the lockage of datum, and usually provides a depth of commercial craft. If no commercial water ranging from 14.0 feet at LLW to craft are scheduled to be locked 19.4 feet at HHW, with greater depths through within a reasonable time, not during large floods in the delta. The to exceed one hour after the arrival of sill at the river end is at ¥10.0 feet ele- the small craft at the lock, separate vation, CofE datum, and usually pro- lockage will be made for such small vides a depth of water ranging from craft. 14.6 feet at LLW to 16.8 feet at HHW, (ii) Signals. Small boats desiring to with greater depths when the river is use the lock will sound two long blasts high. The depth of water at any time is followed by two short blasts of the indicated by staff gages located on the horn. When the lock is ready for en- south wall of the lock, riverward and trance, the lockmaster will notify the harborward of each lock gate and at small boat by one long blast of the

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horn; or through the public address short as practicable for safe handling system. Permission to leave the lock of tows. will be given by the lockmaster by one (15) Crew to move craft. The pilots in short blast of the horn. charge of tows and persons in charge of (10) Mooring in lock. All boats, when other craft must provide a sufficient in the lock, shall be moored to the fas- number of men to handle lines in moor- tenings provided for that purpose, by ing craft and to move barges and other bow and stern lines and other spring craft into and out of the lock easily lines as may be necessary, and the and promptly. lines shall not be let go until the signal (16) Handling valves, gates, bridges and is given by the lockmaster for the craft machinery. No person, unless authorized to leave the lock. (11) Waiting for lockage. The mooring by the lockmaster shall open or close or anchoring of boats or other craft in any bridge, gate, valve or operate any the approaches to the lock, where such machinery in connection with the lock; mooring will interfere with navigation but the lockmaster may, under emer- of the lock is prohibited. All boats, gency conditions, call for assistance barge tows and other craft to be passed from the master of any boat using the through the lock shall lie in designated lock, should such aid be necessary, and waiting areas in such manner as not to when rendering such assistance, the interfere with the navigation of the man so employed shall be strictly lock or its approaches, and, if a barge under the orders of the lockmaster. tow is to be divided into sections for (17) Landing of freight. No one shall locking, the sections shall be brought land freight or baggage on or over the into the lock as directed by the walls of the lock so as in any way to lockmaster. After passing through the delay or interfere with navigation or lock, the sections shall be reassembled the operation of the lock. at such a distance from the entrance as (18) Refuse in lock. No material of any not to obstruct or interfere with navi- kind shall be thrown or discharged into gation of the lock or its approaches. the lock, and no material of any kind (12) Delay in lock. Boats or barges shall be deposited into the lock area. must not obstruct navigation by un- (19) [Reserved] necessary delays in entering or leaving the lock. (20) Persistent violation of regulations. (13) Damage to lock or other structures. If the owner or pilot of any boat per- The regulations contained in this para- sistently violates the regulations of graph shall not relieve the owners and this paragraph after due notice of the operators of vessels from liability for same, lockage may be refused by the any damage by their operations to the lockmaster at the time of the violation lock or other structures. They must or subsequent thereto, as required in use great care not to strike any part of the interest of public safety or protec- the lock, any gate or appurtenance tion of Government property. thereto, or machinery for operating the (21) Other laws and regulations. In all gates, or the walls protecting the other respects, the existing Federal banks of the approach canals. All boats laws, rules and regulations affecting with metal nosings or projecting irons, navigable waters of the United States or rough surfaces that would be liable will govern in the use, administration to damage the gates or lock walls, will and navigation of the ship channel, not be permitted to enter the lock un- lock and its approaches. less provided with suitable buffers and fenders. [26 FR 11201, Nov. 28, 1961, as amended at 27 (14) Tows. Tows shall be made up out- FR 4737, May 18, 1962; 27 FR 10484, Oct. 27, side the canal entrance. All vessels en- 1962; 28 FR 8461, Aug. 17, 1963; 31 FR 6590, May gaged in towing other vessels not 3, 1966; 33 FR 14166, Sept. 19, 1968; 42 FR 17120, equipped with a rudder shall use two Mar. 31, 1977; 42 FR 57962, Nov. 7, 1977; 48 FR tow lines or a bridge and one tow line. 6708, Feb. 15, 1983; 50 FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986; 56 FR 13765, Apr. 4, If the vessel in tow is equipped with a 1991] rudder, one tow line may be used. All tow lines or hawsers must be hauled as

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§ 207.680 Willamette River, Oreg.; use, tacting the lockmaster on VHF-FM administration, and navigation of radio on channel 14, at WUJ 363, Wil- canal and locks at Willamette Falls, lamette Falls Locks or by telephone or Oreg. otherwise notifying the lockmaster’s (a) Administration—(1) Administrative office. Notice to vessels desiring lock- jurisdiction. The canal and locks and all age will be given by red and green traf- appurtenances shall be in the charge of fic lights. Vessels may enter locks on the District Engineer, Portland Dis- green lights, but must await green sig- trict, Corps of Engineers, Department nal when lights are red. Permission to of the Army, 319 S.W. Pine Street, leave the lock will be given in the same Portland, Oregon 97208. The representa- manner. In the event a failure occurs tive of the District Engineer at the lo- and the referenced lights cannot be op- cality shall be the lockmaster, who erated, the lockmaster will indicate by shall receive his orders and instruc- voice or by hand or lantern signals tions from the district engineer. In when vessels may enter or leave the case of emergency, however, the locks. lockmaster shall have authority to (3) Controlling dimensions. For lockage take such steps as may be immediately purposes the maximum length of space necessary without waiting for instruc- available is 175 feet and the maximum tion from the district engineer. clear width available is 37 feet. All ves- (2) Operational jurisdiction. The lock sels, boats, rafts, barges, or other float- master shall be charged with the im- ing things of less size than the fore- mediate control and management of going dimensions can pass through the the canal and locks and the grounds locks. The controlling water depth over and public property pertaining thereto. the intermediate miter sills through- He shall see that all laws, rules and out the locks is 6.5 feet. However, the regulations, for the use of the canal depth on the sill of the upstream gate and grounds are duly complied with, to at low water is 7.5 feet and over the which end he is authorized to give all downstream sill is 8.4 feet. The ele- necessary orders and directions in ac- vation of the upstream sill is 43.7 feet cordance therewith, both to employees and of the downstream sill is ¥6.4 feet, of the Government and to any and corresponding to the elevations shown every person within the limits of the on the gages provided at both the canal and locks or grounds pertaining downstream and upstream approaches thereto, whether navigating the canal to the locks. All vessels, boats, rafts, or not. In case of the absence or dis- barges, and other floating things of ability of the lock master, his duty which the dimensions or draft are shall be performed by an assistant or greater than will permit clearing any other employee to be designated by the of the above indicated elevations shall District Engineer. be prohibited from entering the locks. (b) Use and navigation—(1) Authority All vessels, boats, rafts, barges or other of lock master. The lock master or his floating things entering the locks in assistants shall direct the movement, violation of the above shall be respon- operation, and moorage of all vessels, sible for all resulting damages. boats, rafts, barges, or other floating (4) Precedence at locks. Ordinarily the things using the locks, while they are vessel, boat, raft, barge, or other float- in the locks, the canal basin, or in ei- ing thing arriving first at the lock will ther the upstream or downstream lock be locked through first. In the event of approaches. Crews of vessels, boats, a simultaneous approach from opposite rafts, barges, or other floating things directions ascending craft will ordi- seeking lockage shall render such as- narily be locked through first. When sistance as the lock master or his as- several boats are to be passed through sistants may require. the locks, the order of precedence shall (2) Signals. All vessels desiring lock- be as follows: age shall signal the same by one long (i) To boats owned by the United and one short blast of the whistle, de- States or employed upon river and har- livered at a distance of approximately bor improvement work. 1,000 feet from the locks. Requests for (ii) To passenger boats. lockage may also be made by con- (iii) To freight and tow boats.

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(iv) To rafts. sistance shall be strictly under the or- (v) To small vessels and pleasure ders of the lockmaster. The Govern- craft. ment reserves the right to refuse lock- The lock master shall have authority age to any vessel, craft or raft when to digress from the above precedence in the persons in charge thereof refuse to order to eliminate reversing the flow of give such assistance when it is re- traffic through the locks when both quested. The persons in charge of ves- upbound and downbound lockages are sels with tows or rafts, barges and in waiting. other craft must provide sufficient per- (5) Entrance to locks. The lock master sonnel, lines and towing equipment of shall decide whether one or more ves- sufficient power to insure at all times sels may be locked through at the same full control of such tows, rafts, barges time. No one shall attempt to enter the and other craft while moving into and locks with a vessel or attempt to cause through the locks, unless otherwise a vessel to enter the locks until he is prearranged with the lockmaster. A authorized by the lock master to do so. copy of these regulations shall be kept No one shall take a vessel, or cause a on board each vessel regularly engaged vessel to be taken, within the limits of in navigating the locks. Copies may be 500 feet above the upper gate and 300 obtained without charge from the feet below the lower gate, except for lockmaster or from the District Engi- the purpose of entering the locks; and neer, Corps of Engineers, Department not for this purpose until it has been of the Army, 319 S.W. Pine Street, Post indicated to him by a proper person by Office Box 2946, Portland, Oregon 97208. signal that the lock is ready to receive (8) Petroleum vessels. All tankers, the vessel. All vessels within the fore- barges, and other floating equipment, going limits must be operated under used for transporting inflammable liq- ‘‘slow bell’’ and be kept constantly uids, either with or without cargo, under control. shall be equipped with fixed timber (6) Lockage of small boats. Pleasure fenders and, if not so equipped, shall boats, skiffs, fishing boats, and other have aboard an adequate number of small craft may be passed through the suitable fenders of timber, rubber, or locks singularly, in groups, or as part rope which are to be placed between of a lockage of other than pleasure the vessel and unfendered lock struc- craft. A continual flow of traffic in one tures. All such barges or other vessels direction will not be interrupted or re- navigating without power within the versed to accommodate these small canal or locks must be assisted by one pleasure boats. However, any such or more tugs of sufficient power to in- small boat will be accommodated at sure full control at all times whether such time as the lock master upon re- passing upstream or downstream ceipt of a request for lockage deems through the locks with or without such action will not interfere with cargo. other traffic. The decision of the lock (9) Mooring in locks. All boats, barges, master shall be final as to whether rafts, and other craft when in the locks craft requesting lockage is defined as a shall be moored by head and spring pleasure boat. lines and such other lines as may be (7) Use of canal locks. No person, un- necessary to the fastenings provided less authorized by the lockmaster or for that purpose; and the lines shall his assistants, shall open or close any not be unloosed until the signal is bridge, lock gate, wicket gate, or oper- given for the vessel to leave the lock. ate any lock machinery, or in any way (10) Mooring while waiting for lockage. interfere with any mechanism or appli- The mooring of boats, tows or other ance connected with the operation of craft in the approaches to the locks the locks, nor shall anyone interfere where such mooring will interfere with with the employees in the discharge of navigation or other vessels to or from their duties. The lockmaster or his as- the locks is prohibited. sistants may call for aid from the per- (11) Delays. Boats, barges, rafts, or sons in charge of any craft, vessel, or other craft must not obstruct naviga- raft using the lock should such aid be tion by unnecessary delay in entering necessary. Persons rendering such as- or leaving the locks. Vessels failing to

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enter the locks with reasonable tion, whenever such a word as ‘‘vessel’’, promptness, when signaled to do so, ‘‘boat’’, ‘‘barge’’, ‘‘raft’’, or the like is and vessels arriving at the locks with used in this section, it shall include all their tows in such shape so as to im- types of floating things which may be pede lockage shall forfeit their turn. subject to lockage. Failure to refer spe- (12) Landing of freight. No freight or cifically to a type of floating thing by baggage shall be unloaded on or over its name shall not mean exclusion the walls of the canal or locks. Freight thereof from applicability of this sec- and baggage consigned to the Willam- tion. ette Falls locks shall be unloaded only [19 FR 5816, Sept. 9, 1954, as amended at 35 at such places as may be provided for FR 14988, Sept. 26, 1970; 48 FR 10062, Mar. 10, this purpose or as directed by the lock 1983; 56 FR 13765, Apr. 4, 1991] master. (13) Refuse in canal or locks. No refuse § 207.718 Navigation locks and ap- or other material shall be thrown or proach channels, Columbia and dumped from vessels into the canal and Snake Rivers, Oreg. and Wash. locks, or deposited in the lock area, or (a) General. All locks, approach chan- placed on the berm of the canal so that nels, and all lock appurtenances, shall it is liable to be thrown or washed into be under the jurisdiction of the Dis- the waterway. Violations of this para- trict Engineer, Corps of Engineers, U.S. graph (b)(13) shall be subject to sec- Army, in charge of the locality. The tions 13 and 16 of the River and Harbor district engineer may, after issuing a Act of March 3, 1899 (33 U.S.C. 407, 411). public notice and providing a 30-day op- (14) Damage to locks or other structures. portunity for public comment, set The regulations contained in this sec- (issue) a schedule for the daily lockage tion shall not affect the liability of the of recreational vessels. Recreational owners and operators of vessels for any vessels are pleasure boats such a row, damage caused by their operations to sail, or motor boats used for rec- the locks or other structures. Persons reational purposes. Commercial vessels in charge of vessels and log rafts pass- include licensed commercial passenger ing through the locks must use great vessels operating on a published sched- care to prevent the vessels or log rafts ule or regularly operating in the ‘‘for from striking any gate or appurtenance hire’’ trade. Any recreational schedule thereto. All boats or barges with metal shall provide for a minimum of one nosings, or projecting irons, or rough scheduled recreation lockage upstream surfaces, and log rafts with dragging and downstream (two lockages) each cables that may damage any part of day. At the discretion of the district the lock structures will not be per- engineer, additional lockages may be mitted to enter the locks unless said scheduled. Each schedule and any craft are provided with suitable protec- changes to the schedule will be issued tive buffers and fenders and log rafts at least 30 days prior to implementa- are free of loose, dragging cables. tion. Prior to issuing any schedule or (c) [Reserved] any change to the schedule, the dis- (d) Trespass. No one shall trespass on trict engineer will consider all public the grounds or buildings, and everyone comments and will evaluate the ex- shall be deemed guilty of trespass with- pected energy situation, water supply, in the meaning of this paragraph who and recreation use of the lock to deter- shall willfully or carelessly damage or mine the seasonal need for the schedule disfigure the canal and locks or any or change in schedule. The district en- part thereof, or any building or appli- gineer’s representative at the locks ance on the grounds, or who shall carry shall be the project engineer, who shall on business or trading of any sort, or issue orders and instructions to the shall build any fishing stand or lead, or lockmaster in charge of the lock. Here- set any fish net within the limits of the inafter, the term ‘‘lockmaster’’ shall be reservation, or do any act to or on the used to designate the person in imme- grounds or buildings which would be diate charge of the lock at any given recognized by law as a trespass. time. In case of emergency and on all (e) Definitions. Except as otherwise routine work in connection with the provided in paragraph (b)(6) of this sec- operation of the lock, the lockmaster

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shall have authority to take action sel is in any way hazardous because of without waiting for instructions from its condition or the cargo it carries or the project engineer. has carried. (b) Lockage control. The Lock Master (2) Pull-cord signal stations. Pull-cord shall be charged with immediate con- signal stations marked by large in- trol and management of the lock, and structional signs and located near the of the area set aside as the lock area, end of the upstream and downstream including the lock approach channels. lock entrance walls may be used in Upstream and downstream approach place of radios to signal the Lock Mas- channels extend to the end of the wing ter for a lockage. or the guide wall, whichever is longer. (3) Entering and exit signals. Signal At Bonneville lock the upstream ap- lights are located outside each lock proach channel extends to the mooring gate. When the green (go) light is on, tie offs at Fort Rains and the down- all vessels will enter in the sequence stream approach channel extends to prescribed by the Lock Master. When the downstream tip of Robins Island. the red (stop) light is on, the lock is The Lock Master shall demand compli- not ready for entrance and vessels shall ance with all laws, rules and regula- stand clear. In addition to the above tions for the use of the lock and lock visual signals, the Lock Master will area and is authorized to issue nec- signal that the lock is ready for en- essary orders and directions, both to trance by sounding one long blast on employees of the Government or to the lock air horn. The Lock Master other persons within the limits of the will signal that the lock is ready for lock or lock area, whether navigating exit by lighting the green exit light the lock or not. Use of lock facilities is and sounding one short blast on the air contingent upon compliance with regu- horn. lations, Lock Master instructions and (4) Craft lockage-readiness signal. Upon the safety of people and property. query from Lock Master, a vessel oper- (c) Authority of Lock Master. No one ator will signal when he is properly shall initiate any movement of any moored and ready for the lockage to vessel in the lock or approaches except begin. by or under the direction of the Lock (e) Permissible dimensions of vessels. Master. (‘‘Vessel’’ as used herein in- Nominal overall dimensions of vessels cludes all connected units, tugs, allowed in the lock chamber are 84 feet barges, tows, boats or other floating wide and 650 feet long. Depth of water objects.) in the lock depends upon river levels (d) Signals—(1) Radio. All locks are which may vary from day to day. Staff equipped with two-way FM radio oper- gauges showing the minimum water ating on channel 14, frequency of level depth over gate sills are located 156.700 MHz, for both the calling chan- inside the lock chamber near each lock nel and the working channel. Vessels gate and outside the lock chamber near equipped with two-way radio desiring a the end of both upstream and down- lockage shall call WUJ 33 Bonneville, stream guide walls, except at Bonne- WUJ 34 The Dalles, WUJ 35 John Day, ville where the staff gauges show water WUJ 41 McNary, WUJ 42 Ice Harbor, levels in feet above MSL and are lo- WUJ 43 Lower Monumental, WUJ 44 cated on the southern guide walls at Little Goose, or WUJ 45 Lower Granite, the upstream and downstream miter at least one-half hour in advance of ar- gates. Bonneville’s upstream sill ele- rival since the Lock Master is not in vation is 51 feet MSL and the down- constant attendance of the locks. stream sill elevation is ¥12 feet MSL. Channel 14 shall be monitored con- Depth over sill at Bonneville is deter- stantly in the vessel pilot house from mined by subtracting the sill elevation the time the vessel enters the approach from the gauge reading. Vessels shall channel until its completion of exit. not enter the navigation lock unless Prior to entering the lock chamber, the the vessel draft is at least one foot less commercial freight or log-tow vessel than the water depth over the sill. In- operator shall report the nature of any formation concerning allowable draft cargo, the maximum length, width and for vessel passage through the locks draft of the vessel and whether the ves- may be obtained from the Lock Master.

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Minimum lock chamber water level Federal Regulations. Flammable mate- depth is 15 feet except at Ice Harbor rials are defined in the National Fire where it is 14 feet and at Bonneville Code of the National Fire Protection where it is 19 feet. When the river flow Association. at Lower Granite exceeds 330,000 cubic (2) Recreational craft. By mutual feet per second the normal minimum agreement of (all parties,) the 15-foot depth may be decreased to as lockmaster and the captains of the ves- little as eight feet. sels involved, recreational vessels may (f) Precedence at lock. Subject to the be locked through with commercial order of precedence, the vessel or tow vessels. Under the recreational vessel arriving first; at the lock will be schedule, separate lockage will not be locked through first, however, this made by recreational vessels except in precedence may be modified at the dis- accordance with the recreational lock- cretion of the lockmaster. If imme- age schedule or when circumstances diate passage is required, lockage of warrant, such as in an emergency. vessels owned or operated by the When recreational craft are locked si- United States shall take precedence. multaneously with commercial vessels, The precedence of all other vessels the recreational vessel will enter the shall be as follows: lock chamber after the commercial (1) When a recreational vessel lock- vessel is secured in the chamber and age schedule is in effect, at the ap- when practicable will depart while the pointed time for lockage of recreation commercial vessel remains secured. craft, recreation craft shall take prece- (3) Special schedules. Recreational dence; however, commercial vessels boating groups may request special may be locked through with recreation schedules by contacting the district en- craft if safety and space permit. At gineer. The schedule for the daily lock- other than the appointed time, the age of recreational vessels will indicate lockage of commercial and tow vessels the number of boats required for a spe- shall take precedence and recreational cial schedule and how many days’ no- craft may (only) lock through with tice is required in order to arrange a commercial vessels only as provided in special schedule. paragraph (h) of this section. (i) Mooring in approaches prohibited. (2) If a recreational vessel lockage Mooring or anchoring in the ap- schedule is not in effect, commercial proaches to the lock is prohibited and tow vessels shall take precedence. where such mooring will interfere with Recreational craft may be locked navigation. through with commercial craft. If no (j) Waiting for lockage. Vessels wait- commercial vessels are scheduled to be ing for lockage shall wait in the clear locked through within a reasonable outside of the lock approach channel, time, not to exceed one hour after the or contingent upon permission by the arrival of the recreational vessels at Lock Master, may at their own risk, lie the lock, the recreational vessel may inside the approach channel at a place be locked through separately. If a com- specified by the Lock Master. At Bon- bined lockage cannot be arranged, the neville, vessels may at their own risk, recreational craft shall be locked lay-to at the downstream moorage fa- through after waiting three commer- cility on the north shore downstream cial lockages. from the north guide wall provided a (g) Loss of turn. Vessels that fail to 100-foot-wide open channel is main- enter the lock with reasonable prompt- tained. ness, after being authorized to do so, (k) Mooring in lock. All vessels must shall lose their turn. be moored within the lock chamber so (h) Lockage—(1) Multiple lockage. The that no portion of any vessel extends Lock Master shall decide whether one beyond the lines painted on the lock or more vessels or tows may be locked walls. Moorage within the lock cham- through at the same time. Vessels with ber will be to floating mooring bits flammable or highly hazardous cargo only and will be accomplished in a will be passed separately from all other proper no-slip manner. Small vessels vessels. Hazardous materials are de- will not be locked with a large vessel scribed in part 171, title 49, Code of unless the large vessel is so moored

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(two mooring bits) that no lateral ers. Vessels having chains, lines, or movement is possible. The vessel oper- drags either hanging over the sides or ator will constantly monitor the posi- ends or dragging on the bottom for tion of his vessel and his mooring bit steering or other purposes will not be ties to assure that there is no fore or permitted to pass. aft movement of his vessel and lateral (q) Tows. Prior to a lockage, the per- movement is minimized. Propulsion by son in charge of a vessel towing a sec- vessels within the lock chamber will ond vessel by lines shall, at a safe dis- not be permitted during closure oper- tance outside of the incoming approach ation of a lock chamber gate or as oth- channel, secure the second vessel to erwise directed by the Lock Master. the towing vessel and keep it secured (l) Crew to move craft. During the en- during the entire course of a lockage tire lockage, the vessel operator shall and until safely clear of the outgoing constantly attend the wheelhouse, be approach channel. aware of the vessel’s position, and (r) Violation of regulations. Any viola- monitor radio channel 14 on frequency tion of these regulations may subject 156.700 MHz, or otherwise be constantly the owner or master of any vessel to able to communicate with the Lock any or all of the following: (1) Pen- Master. At a minimum, vessels shall be alties prescribed by law of the U.S. as vigilantly manned as if underway. Government (33 U.S.C. part 1); (2) Re- (m) Speed. Vessels shall be ade- port of violation to the titled owner of quately powered to maintain a safe the vessel; (3) Report of violation to speed and be under control at all times. the U.S. Coast Guard; (4) Refusal of Vessels shall not be raced or crowded lockage at the time of violation. alongside another in the approach (s) Refuse in locks. No material of any channels. When entering the lock, kind shall be thrown or discharged into speed shall be reduced to a minimum the lock, or be deposited in the lock consistent with safe navigation. As a area. Vessels leaking or spilling cargo general rule, when a number of vessels will be refused lockage and suitable re- are entering the lock, the following ports will be made to the U.S. Coast vessel shall remain at least 200 feet Guard. Deck cargo will be so positioned astern of the vessel ahead. so as not to be subject to falling over- (n) Delay in lock. Vessels shall not un- board. necessarily delay any operation of the (t) Handling valves, gates, bridges, and locks. machinery. No person, unless authorized (o) Landing of freight. No freight, bag- by the Lock Master, shall open or close gage, personnel, or passengers shall be any bridge, gate, valve, or operate any landed on or over the walls of the lock, machinery in connection with the lock. except by permission and direction of However, the Lock Master may call for the Lock Master. assistance from the master of any ves- (p) Damage to lock or other structures. sel using the lock, should such aid be The regulations in this section shall necessary; and when rendering such as- not relieve owners and/or operators of sistance, the person so employed shall vessels from liability for any damage be directly under the orders of the to the lock or other structures or for Lock Master. Masters of vessels refus- the immediate removal of any obstruc- ing to provide such assistance when it tion. No vessel in less than stable float- is requested of them may be denied the ing condition or having unusual sink- use of the lock by the Lock Master. ing potential shall enter the locks or (u)–(v) [Reserved] its approaches. Vessels must use great (w) Restricted areas. No vessel shall care not to strike any part of the lock, enter or remain in any restricted area any gate or appurtenance thereto, or at any time without first obtaining machinery for operating the gates, or permission from the District Engineer, the walls protecting the banks of the Corps of Engineers, U.S. Army, or his approach channels. All vessels with duly authorized representative. projecting irons, or rough surfaces (1) At Bonneville Lock and Dam. The which may damage the gates or lock water restricted to all vessels, except walls, shall not enter the lock unless Government vessels, are described as provided with suitable buffers and fend- all waters of the Columbia River and

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Bradford Slough within 1,000 feet above lock guidewall. The downstream limits the first powerhouse, spillway, and sec- commence at the downstream end of ond powerhouse (excluding the new the navigation lock guidewall thence navigation lock channel) and all waters to the south (Oregon) shore at right an- below the first powerhouse, spillway, gles and parallel to the axis of the dam. second powerhouse, and old navigation Signs designate the restricted areas. lock. This is bounded by a line com- (5) At Ice Harbor Lock and Dam. The mencing from the westernmost tip of waters restricted to all vessels, except Robins Island on the Oregon side of the Government vessels, are described as river and running in a South 65 degrees all waters within a distance of about West direction a distance of approxi- 800 yards upstream of the dam lying mately 2,100 feet to a point 50 feet up- south of the navigation lock and bound stream of the Hamilton Island Boat by the line commencing at the up- Ramp on the Washington shore. Signs stream end of the guidewall, and run- designate the restricted areas. The ap- ning a direction of 91°10′ true for a dis- proach channel to the new navigation tance of 575 yards; thence 162°45′ to the lock is outside the restricted area. south shore, a distance of about 385 (2) At the Dalles Dam. The waters re- yards. The downstream limits com- stricted to only Government vessels mencing at the downstream end of the are described as all downstream waters guidewall; thence to the south shore, other than those of the navigation lock at right angles and parallel to the axis downstream approach channel which of the dam. Signs designate the re- lie between the Wasco County Bridge stricted areas. and the project axis including those (6) At Lower Monumental Lock and waters between the powerhouse and the Dam. The waters restricted to all ves- Oregon shore and all upstream waters sels, except Government vessels, are other than those of the navigation lock described as all waters commencing at upstream approach channel which lie the upstream of the navigation lock between the project axis and a line pro- guidewall and running in a direction of jected from the upstream end of the 46°25′ true for a distance of 344 yards; navigation lock guide wall to the junc- thence 326°19′ true for a distance of 362 tion of the concrete structure with the yards; thence 243°19′ true for a distance earth fill section of the dam near the of 218 yards; thence 275°59′ true to the upstream end of the powerhouse. north shore a distance of about 290 (3) At the John Day Dam. The waters yards. The downstream limits com- restricted to only Government vessels mence at the downstream end of the are described as all of the waters with- navigation lock guidewall; thence to in a distance of about 1,000 yards above the north shore, at right angles and the dam lying south of the navigation parallel to the axis of the dam. Signs channel leading to the lock and bound- designate the restricted areas. ed by a line commencing at the up- (7) At Little Goose Lock and Dam. The stream end of the guide wall, and run- waters restricted to all vessels, except ning in a direction 54°01′37″ true for a Government vessels, are described as distance of 771 yards, thence 144°01′37″ all waters commencing at the up- true across the river to the south stream of the navigation lock shoreline. The downstream limit is guidewall and running in a direction of marked by orange and white striped 60°37′ true for a distance of 676 yards; monuments on the north and south thence 345°26′ true for a distance of 494 shores. yards; thence 262°37′47″ true to the dam (4) At McNary Lock and Dam. The wa- embankment shoreline. The down- ters restricted to all vessels, except to stream limits commence 512 yards Government vessels, are described as downstream and at right angles to the all waters commencing at the up- axis of the dam on the south shore; stream end of the Oregon fish ladder thence parallel to the axis of the dam thence running in the direction of 39°28′ to the north shore. Signs designate the true for a distance of 540 yards; thence restricted areas. 7°49′ true for a distance of 1,078 yards; (8) At Lower Granite Lock and Dam. thence 277°10′ for a distance of 468 yards The waters restricted to all vessels, ex- to the upstream end of the navigation cept Government vessels, are described

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as all waters commencing at the up- (2) Supervision. The canal and all its stream of the navigation lock appurtenances shall be under the su- guidewall thence running in the direc- pervision of the District Engineer, tion of 131°31′ true for a distance of 608 Corps of Engineers, Seattle. The Dis- yards; thence 210°46′ true to the south trict Engineer will detail as many as- shore, a distance of about 259 yards. sistants as may be necessary for the ef- The downstream limits commence at ficient operation of the canal and the the downstream end of navigation lock enforcement of the regulations in this guidewall; thence to the south shore, paragraph. The movement of all vessels at right angles and parallel to the axis and other floating things in the canal of the dam. Signs designate the re- and approaches thereto shall be under stricted areas. the direction of the District Engineer [43 FR 3115, Jan. 23, 1978, as amended at 52 and his authorized assistants. All or- FR 22310, June 11, 1987; 56 FR 13765, Apr. 4, ders given under the regulations to any 1991; 65 FR 4125, Jan. 26, 2000; 71 FR 25503, master or person in charge of any ves- May 1, 2006] sel, raft, or other watercraft by the District Engineer or his authorized as- § 207.750 Puget Sound Area, Wash. sistants, either in person or through (a) Waterway connecting Port Town- any canal operative, shall be acknowl- send and Oak Bay; use, administration edged and obeyed. Failure to see, un- and navigation—(1) Works to which the derstand, or comply with signals or in- regulations apply. The ‘‘canal grounds’’ structions shall constitute a violation when used in this paragraph shall mean of the regulations. Any person refusing that area between the south end of the to comply with the regulations or any jetties in Oak Bay and the northern orders given in pursuance thereof may end of the dredge channel approxi- be denied the privileges of the canal or mately 400 yards northwest of Port canal grounds. Townsend Canal Light. The ‘‘canal’’ is (3) Speed. To avoid damage to other the water lying between these limits vessels and to property along the and the banks containing the same. shores, all vessels shall proceed at re- (2) [Reserved] duced speed in the canal as follows: (3) Trading, landing, etc. No business, (i) From the west entrance of the loading, or landing of freight or bag- Lake Washington Ship Canal to the gage will be allowed on or over the western end of the west guide pier of canal piers or bulkheads. the Hiram M. Chittenden Locks, and (4) Refuse. No person shall throw ma- terial of any kind into the canal. from the east end of the easternmost (5) [Reserved] guide pier of said Locks to the white (6) Obstructions. On the canal’s being flashing dolphin located south of Web- obstructed by a vessel, raft, or other ster Point on Lake Washington, includ- craft, by sinking, grounding, or other- ing all of Salmon Bay, Lake Union, wise, the District Engineer, Seattle, Portage Bay, and Union Bay, it shall shall be notified by telephone or tele- be unlawful for any person to operate graph as soon as possible by the person any watercraft or vessel at a speed in in charge of the obstructing vessel, excess of 7 nautical miles per hour raft, or craft. within 200 feet of any shoreline, pier, (b) Lake Washington Ship Canal; use, restricted area or shore installation. administration and navigation—(1) Defi- (ii) From the western end of the nitions. The term ‘‘canal’’ as used in aforesaid west guide pier to the eastern the regulations in this paragraph shall end of the aforesaid east guide pier at include the water area in the locks and said Locks, it shall be unlawful for any the channel and adjacent waters from a person to operate any watercraft or point 5,500 feet northwest of the Bur- vessel at a speed in excess of 4 nautical lington Northern, Inc. railway bridge miles per hour. to the east end of the channel opposite NOTE: Signs are located along the canal to Webster Point, Lake Washington. The indicate permissible speeds. term ‘‘canal grounds’’ shall include all (4) Traffic signal lights. In addition to grounds set aside for the use of the the lock signal lights described in canal or occupied in its construction. paragraph (g)(5)(ii) of this section, a

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red light, and a green light are in- canal piers or as directed by a lockman stalled on the west side of the Ballard until ordered to proceed into the lock. Bridge, on the east side of the Fremont Unless otherwise directed by the Dis- Bridge, 1,000 feet west of the Montlake trict Engineer or his authorized assist- Bridge, and 1,000 feet east of the ants, vessels owned or operated by the Montlake Bridge, for the guidance of United States or the City of Seattle vessels approaching the sections of the and passenger vessels operating on a canal between Salmon Bay and Lake regular schedule shall have precedence Union and between Lake Union and over all others in passing through the Lake Washington, respectively. Vessels locks. Registered merchant vessels of 300 gross tons and over and all ves- shall have precedence over pleasure sels with tows, except as hereinafter craft, which shall pass through in the provided, shall not pass the red lights. order of their arrival at the locks, and The green lights will indicate that ves- both shall have precedence over vessels sels may proceed. Vessels of less than towing floated timber or logs. Tows of 300 gross tons without tows may dis- floated timber and logs may be denied regard these signals, but they shall the use of the locks during certain travel at very slow speed when passing hours when both locks are busy passing other vessels. Vessels of 300 gross tons other traffic. However, advance notice and over and vessels with tows, except will be given towboat companies as to logs, whose destination is easterly be- the periods when log tows will be de- tween the Ballard Bridge and a point nied lockage. 2,500 feet east of the Ballard Bridge, (iv) Entering locks. Masters of vessels may pass the red signals on the Ballard shall exercise the greatest care when Bridge, provided, such passage will not entering either lock. The forward interfere with approaching traffic. movement of vessels while taking posi- (5) Approaching and passing through tion in the locks shall be very slow, locks—(i) Signals for locks. Vessels with and boats entering the small lock shall tows desiring to use the locks shall so reduce their speed to not more than indicate by two long and three short two and one-half miles per hour when blasts of a whistle, horn, or mega- within 200 feet of the outer gate and phone. All other vessels desiring to use come to practically a full stop before the locks shall so indicate by two long entering the lock so that in case the and two short blasts. engine mechanism fails to operate NOTE: The term ‘‘long blasts’’ means blasts properly the momentum of the boat of four seconds duration, and the term ‘‘short blasts’’ means blasts of one second may be stopped easily by its lines. The duration. Signals for the opening of draw- masters of vessels entering either lock bridges are prescribed in § 117.795 of chapter from either direction shall be alert to I. receive and shall immediately comply (ii) Lock signal lights. Red and green with instructions by voice or signal signal lights are installed on the guide from the lock attendants. pier west of the Burlington Northern, (v) Mooring in locks. Vessels entering Inc. railway bridge below the locks. the locks shall be equipped with ade- The green light will indicate to vessels quate lines, at least 50 feet in length bound for the large lock that the lock being required fore and aft. While in has been made ready. If the red light is the large lock vessels and rafts will be burning, vessels bound for the large moored at the top of the lock wall. lock shall moor at the pier. Vessels While in the small lock vessels shall be bound for the small lock shall be guid- moored to the floating mooring wall. ed into the small lock by traffic signals Lines shall not be released until the thereon. The masters of all vessels ap- signal has been given by the lock force proaching the locks from Puget Sound to leave the lock, after which there shall be alert to receive and shall im- shall be no delay in leaving. All vessels mediately comply with instructions by not equipped to handle tie-up lines voice or signal from the employee on with power winches shall be equipped the west pier. with suitable mooring lines of manila, (iii) Precedence at locks. All vessels or other suitable fiber, of sufficient approaching the locks shall stop at the size and strength to hold the vessel points indicated by signs placed on the against the currents to be met within

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the lock chamber. The use of wire rope tenances or projections which might for tie-up by vessels not equipped to damage the locks or other structures handle such lines with power winches shall be fitted with adequate fenders. is prohibited. Vessels may be denied Lockage of leaking vessels or vessels the use of the locks if their lines are with overhanging loads may be refused. not in good condition, or if the moor- Such barge or craft shall be moored in ing bits on barges are not accessible or a location outside of the channel ap- are not equipped to prevent lines from proach to the lock so as to not inter- slipping off when the water is lowered fere with passing navigation. Vessels of in the lock. All vessels entering the unusual dimensions, or other charac- locks should have, in addition to the teristics which, in the opinion of the master, at least one person on deck to lockmaster, pose a threat to the integ- handle lines. Mates and deckhands, rity or safety of the locks or canal will when preparing to moor within the be refused passage until written per- lock chambers, should not throw heavy mission to pass is provided by the Dis- mooring lines at the lockmen on the trict Engineer. Sufficient written data walls, but should wait for a heaving lie and drawings shall be provided the Dis- to be passed to them unless otherwise trict Engineer that an engineering de- directed. All towboat crews, while termination can be made as to the safe- locking or moving a tow out of the ty of the vessel. The District Engineer lock chamber, should station them- shall have the right to inspect any selves so as to preclude the possibility such vessels prior to passage. The oper- of being injured by the parting of cable ators of all vessels shall use care to or lines under strain. Persons attempt- avoid striking the guide walls or other ing to take vessels through the locks structures pertaining to the canal. without assistance on deck may be re- (ii) In the interest of safety and fire quired to wait until the lock is clear of prevention, all woven rope fenders used other traffic before passing through. with barges carrying flammable cargo All operators of vessels are especially should be water-soaked or otherwise cautioned to use extreme care while fireproofed prior to entering the lock crowded in the locks to avoid accident approaches. or fire on their boats. Under no cir- (iii) Burning fenders should be cumstances will small craft, such as dropped overboard immediately rather rowboats, launches and houseboats, or than being placed on the deck of a any other type of pleasure boats, be barge or towboat. locked through with barges used for carrying any type of petroleum product (iv) A minimum of one man with a or other hazardous material. At the portable fender shall be stationed at discretion of the lockmaster, small the head end of every tow of hazardous craft as described above may be locked cargo and at the aft if the lockmaster through with barge tows containing so directs so as to protect the lock and other than dangerous material. Opera- guide walls from damage while enter- tors of small vessels and larger vessels ing or departing the lock structures. operating in the proximity of each (v) All cylinder or containers holding other shall be alert to the danger aris- gases under pressure, or any other ing from the limited maneuverability chemical or substance, shall be se- of the larger vessels, and shall exercise curely fastened to the hull of the vessel all precautions to prevent accident. to prevent their rolling overboard into (6) Damage to locks or other structures. the lock chamber and becoming a haz- (i) The regulations in this paragraph ard. shall not affect the liability of the (vi) All containers holding paint, gas- owners and operators of vessels for any oline or other volatile materials shall damage caused by their operations to be securely fastened with tight-fitting the locks or other structures. The sides covers. To preclude a concentration of and corners of all vessels and rafts potentially explosive vapors, no paint passing through the locks should be will be allowed to be applied to the ex- free from spikes or projections of any terior of vessel hulls, houses, machin- kind which might damage the locks or ery, or other equipment while the ves- other structures. Vessels with appur- sels are in the lock chamber.

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(vii) All hatches of tank barges must (10) Obstructing navigation. (i) All ves- be closed prior to entering lock. Tank sels and tows passing through the barges with open hatch or hatches will canal shall be kept as close as prac- be denied lockage. ticable to the center or, when safer, to (viii) No smoking will be permitted the right side of the waterway, except aboard vessels with cargoes of fuel or when passing other craft or preparing explosives. to moor at a pier or wharf. Slowly (ix) All vessels carrying hazardous moving log rafts, tows, or vessels shall, cargoes shall so be identified with the whenever practicable, pull out of the lockmaster. They shall be in compli- way when meeting other vessels or ance with Department of Transpor- when other traffic proceeding in the tation (U.S. Coast Guard) regulations same direction desires to pass. Vessels (CFR title 46, parts 30 thru 40, parts 146 are forbidden to obstruct the canal in thru 154, and 49 CFR parts 171 thru 179 any way or to delay by slow passage and shall accordingly carry required through the canal the progress of other markings. All DOT safety regulations vessels. Small and readily maneuver- for transit of hazardous cargoes shall able vessels operating in the vicinity of be adhered to, whether or not specifi- larger, less maneuverable vessels shall, cally cited or duplicated herein. in all cases, keep clear and operate (7) [Reserved] with caution in order that the larger (8) Rafts. (i) No log raft exceeding 700 vessels may maintain safe steerage feet in length or 76 feet in width shall way and that hazards to all vessels pass through the canal. Boom sticks may be reduced. All vessels shall oper- shall be smooth, with rounded ends, ate with extreme caution and move- and securely tied together with cables, ments shall be made only when ade- chains, or log swifters to prevent the quate precautions for the safety of raft from spreading while in the lock. other vessels and property are being ef- Rafts containing logs that do not float fectively employed. above water for their entire length, or (ii) The placing of logs, vessels, or are in danger of being submerged when other floating objects within the limits they enter fresh water, shall not be of the dredged channels or anywhere in towed in the canal until such logs are the canal where they may interfere securely fastened so as to prevent their with navigation to or from piers or in- escape from the raft. dustrial plants is prohibited. (ii) Whenever required, log rafts pass- (11) Turning. Vessels exceeding 100 ing in through the lock will be given a feet in length shall not turn around, or number that shall be fastened on one of attempt to turn around, in the con- the logs in the raft. This number will crete revetted portions of the canal at identify the raft and shall not be re- the Fremont Cut or Portage Cut sec- moved until the logs are used. tions of the canal. (iii) Two floats are maintained in (12) Excessive working of propellers or Shilshole Bay near the entrance of the engines. Excessive working of the pro- canal channel to facilitate the han- pellers of a vessel for purposes of test- dling of logs in the canal. Rafts bound ing or for other purposes when this cre- for the canal may be moored at one of ates objectionable or dangerous cur- these floats, only the portion of the rents in the canal is forbidden. In case raft that is to be taken through at a of grounding, the rapid or strong work- single lockage being brought into the ing of the vessel’s engines is forbidden. canal. The remainder of the raft may (13) Landing or mooring. No business, be left at the float until the first por- trading, or landing of passengers, tion has been towed to its destination freight, or baggage will be allowed on above the lock. or over the canal piers or lock walls, or (9) Tows. All vessels engaged in tow- over the piers or grounds forming a ing shall use tow lines of the least part of the canal or its appurtenances. practicable length and shall have full All persons in charge of or employed on control of their tows at all times. Tow- any boat are prohibited from landing ing more than one craft abreast is for- or mooring such boat at any of the bidden if the total width of the tow, in- canal piers, unless in transit through cluding the towboat, exceeds 70 feet. the canal or specially permitted to do

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so by the District Engineer or his au- that exceed the depth available over thorized assistants. the intrusion barrier will advise the (14) Deposit of refuse. The deposit, ei- lockmaster by sounding one long and ther from watercraft or from the shore, two short blasts of a horn or whistle. A of any oil or refuse matter in the canal yellow light mounted on a standard on or upon the canal grounds is prohib- the south lock wall and opposite the ited, nor shall water discharged from intrusion barrier will be lighted only the side of a vessel be allowed to spill when the barrier is in the raised posi- on the lock wall. tion. (15) Aids to navigation. Persons in (v) It shall be the responsibility of charge of log rafts or other tows, and the vessel operator to satisfy himself of the masters of vessels and boats using the position of this barrier prior to the canal, shall keep a careful watch passing over it. when passing buoys or other aids to (c) West Waterway, Seattle Harbor; navigation and promptly report to the navigation. (1) The movement of vessels District Engineering or his authorized of 250 gross tons or over and all vessels assistants any displacement or damage with tows of any kind through the nar- to such aids. row section of West Waterway between NOTE: Aids to navigation and other related the bend at Fisher’s Flour Mill dock data are shown on Nautical Chart No. 18447 and the bend at the junction of East published by the National Ocean Survey. Waterway with Duwamish Waterway, (16) Operation of salt water barrier in and through the draws of the City of the large lock of the Hiram M. Chittenden Seattle and Northern Pacific Railway Locks. (i) A salt water barrier is in- Company bridges crossing this narrow stalled across the east end of the large section, shall be governed by red and lock. This barrier, while in the de- green traffic signal lights mounted on pressed position, reduces the depth of the north and south sides of the west the water available at the east end of tower of the City Light power crossing this chamber from 36 feet to 33.75 feet at low lake elevation (20 feet above at West Spokane Street. MLLW). In the raised position, the (2) Two green lights, one vertically depth of water will be reduced to 16 above the other, displayed ahead of a feet. In comparison, the depth of water vessel, shall indicate that the water- available for navigation at the west way is clear. Two red lights, one end of the large lock chamber is 29 feet vertically above the other, displayed at mean lower low water. The purpose ahead of a vessel, shall indicate that of this barrier is to reduce salt water the waterway is not clear. intrusion into Lake Washington (3) A vessel approaching the narrow through normal operations of the section and drawbridges from either locks. end of the waterway shall give one long (ii) The least depth of water available blast of a whistle and shall not enter over the barrier when raised will be the narrow section until green lights shown on signs placed near the ends of are displayed. the guide piers to the large lock. A yel- (4) One vessel may follow another low light mounted on these signs will vessel in either direction, but the chan- be lighted only while the barrier is in a nel shall not be kept open in the same raised position. direction for an unreasonable time if a (iii) Vessels transiting the lock from vessel is waiting at the other end. east to west having draft requirements (5) Tugs, launches, and small craft that exceed the water depth available shall keep close to one side of the chan- over the barrier will advise the nel when vessels or boats with tows are lockmaster by sounding one long and passing. two short blasts of a horn or whistle. (6) All craft shall proceed with cau- When the yellow light is extinguished tion. The display of a green light is not on the signboard, the operator of the a guarantee that the channel is clear of vessel may assume the barrier has been traffic, and neither the United States lowered. nor the City of Seattle will be respon- (iv) Vessels transiting the lock from sible for any damage to vessels or other west to east having draft requirements property which may be chargeable to

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mistakes in the operation of the signal business of the owner, lessee, or oper- lights or to their failure to operate. ator of the vessel. (7) Reporting situation means a vessel [26 FR 11203, Nov. 28, 1961] movement by an operator that is re- EDITORIAL NOTE: For FEDERAL REGISTER ci- quired to be reported. Typical exam- tations affecting § 207.750, see the List of CFR ples are listed in the instructions on Sections Affected, which appears in the the various ENG Forms. Five typical Finding Aids section of the printed volume movements that are required to be re- and at www.govinfo.gov. ported by vessel operating companies § 207.800 Collection of navigation sta- include the following examples: tistics. Company A is the barge owner, and the (a) Definitions. For the purpose of this barge transports corn from Min- regulation the following terms are de- neapolis, MN to New Orleans, LA, with fined: fleeting at Cairo, IL. (i) Lease/Charter: If Company A leases (1) Navigable waters of the United or charters the barge to Company B, States means those waters of the United then Company B is responsible for re- States that are subject to the ebb and porting the movements of the barge flow of the tide shoreward to the mean until the lease/charter expires. high water mark, and/or are presently (ii) Interline movement: A barge is used, or have been used in the past, or towed from Minneapolis to Cairo by may be susceptible to use to transport Company A, and from Cairo to New Or- interstate or foreign commerce. (See 33 leans by Company B. Since Company A CFR part 329 for a more complete defi- is the barge owner, and the barge is not nition of this term.) leased. Company A reports the entire (2) Offenses and Violations mean: movement of the barge with an origin (i) Failure to submit a required re- of Minneapolis and a destination of port. New Orleans. (ii) Failure to provide a timely, accu- (iii) Vessel swap/trade: Company A rate, and complete report. swaps barge with Company B to allow (iii) Failure to submit monthly list- Company B to meet a delivery commit- ings of idle vessels or vessels in transit. ment to New Orleans. Since Company (iv) Failure to submit a report re- A has not leased/chartered the barge, quired by the lockmaster or canal oper- Company A is responsible for filing the ator. report. Company B is responsible for (3) Leased or chartered vessel means a filing the report on the barge which is vessel that is leased or chartered when traded to Company A. The swap or the owner relinquishes control of the trade will not affect the primary re- vessel through a contractual agree- sponsibility for reporting the indi- ment with a second party for a speci- vidual vessel movements. fied period of time and/or for a speci- (iv) Re-Consignment: Barge is recon- fied remuneration from the lessee. signed to Mobile, AL. Company A re- Commercial movements on an af- ports the movements as originating in freightment basis are not considered a Minneapolis and terminating in Mo- lease or charter of a particular vessel. bile. The point from which barge is re- (4) Person or entity means an indi- consigned is not reported, only points vidual, corporation, partnership, or of loading and unloading. company. (v) Fleeting: Barge is deposited at a (5) Timely means vessel and com- New Orleans fleeting area by Company modity movement data must be re- A and towed by Company B from fleet- ceived by the Waterborne Commerce ing area to New Orleans area dock for Statistics Center within 30 days after unloading. Company A, as barge owner, the close of the month in which the reports entire movements from Min- vessel movement or nonmovement neapolis to the unloading dock in New takes place. Orleans. Company B does not report (6) Commercial vessel means a vessel any barge movement. used in transporting by water, either (b) Implementation of the waterborne merchandise or passengers for com- commerce statistics provisions of the pensation or hire, or in the course of River and Harbor Act of 1922, as

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amended by the Water Resources De- (3) Movements of vessels exclusively velopment Act of 1986 (Pub. L. 99–662), engaged in construction (e.g., pile- mandates the following. drivers and crane barges). NOTE: how- (1) Filing requirements. Except as pro- ever, that movements of supplies, ma- vided in paragraph (b)(2) of this sec- terials, and crews to or from the con- tion, the person or entity receiving re- struction site must be timely reported. muneration for the movement of ves- (4) Movements of dredges to or from sels or for the transportation of goods the dredging site. However, vessel or passengers on the navigable waters movements of dredged material from is responsible for assuring that the ac- the dredging site to the disposal site tivity report of commercial vessels is must be reported. timely filed. (5) Specific movements granted ex- (i) For vessels under lease/charter emption in writing by the Waterborne agreements, the lessee or charterer of Commerce Statistics Center. any commercial vessel engaged in com- (D) ENG Forms 3925 and 3925b shall mercial transportation will be respon- be completed and filed by vessel oper- sible for the filing of said reports until ating companies each month for all the lease/charter expires. voyages or vessel movements com- (ii) The vessel owner, or his des- pleted during the month. Vessels that ignated agent, is always the respon- did not complete a move during the sible party for ensuring that all com- month shall be reported as idle or in mercial activity of the vessel is timely transit. reported. (E) The vessel operating company may request a waiver from the Army (2) The following Vessel Information Corps of Engineers, and upon written Reports are to be filed with the Army approval by the Waterborne Commerce Corps of Engineers, at the address spec- Center, the company may be allowed to ified on the ENG Form, and are to in- provide the requisite information of clude: the above paragraph (D), on computer (i) Monthly reports. These reports printouts, magnetic tape, diskettes, or shall be made on ENG Forms furnished alternate medium approved by the Cen- upon written request of the vessel oper- ter. ating companies to the Army Corps of (F) Harbor Maintenance Tax informa- Engineers. The forms are available at tion is required on ENG Form 3925 for the following address: U.S. Army Corps cargo movements into or out of ports of Engineers, Waterborne Commerce that are subject to the provisions of Statistics Center, Post Office Box section 1402 of the Water Resources De- 61280, New Orleans, Louisiana 70161– velopment Act of 1986 (Pub. L. 99–662). 1280. (1) The name of the shipper of the (A) All movements of domestic wa- commodity, and the shipper’s Internal terborne commercial vessels shall be Revenue Service number or Social Se- reported, including but not limited to: curity number, must be reported on the Dry cargo ship and tanker moves, load- form. ed and empty barge moves, towboat (2) If a specific exemption applies to moves, with or without barges in tow, the shipper, the shipper should list the fishing vessels, movements of crew appropriate exemption code. The spe- boats and supply boats to offshore loca- cific exemption codes are listed in the tions, tugboat moves and movements directions for ENG Form 3925. of newly constructed vessels from the (3) Refer to 19 CFR part 24 for de- shipyard to the point of delivery. tailed information on exemptions and (B) Vessels idle during the month ports subject to the Harbor Mainte- must also be reported. nance Tax. (C) Notwithstanding the above re- (ii) Annual reports. Annually an in- quirements, the following waterborne ventory of vessels available for com- vessel movements need not be reported: mercial carriage of domestic commerce (1) Movements of recreational ves- and vessel characteristics must be filed sels. on ENG Forms 3931 and 3932. (2) Movements of fire, police, and pa- (iii) Transaction reports. The sale, trol vessels. charter, or lease of vessels to other

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companies must also be reported to as- (iii) Data collected at Locks, Canals, sure that proper decisions are made re- and other facilities operated by the garding each company’s duty for re- Corps. porting vessel movements during the (iv) Data provided by terminals on year. In the absence of notification of ENG Form 3926. the transaction, the former company of (v) Data provided by the other Fed- record remains responsible until proper eral agencies including the Internal notice is received by the Corps. Revenue Service, Customs Service, (iv) Reports to lockmasters and canal Maritime Administration, Department operators. Masters of self-propelled non- of Transportation, and Department of recreational vessels which pass Commerce. through locks and canals operated by (vi) Data provided by ports, local fa- the Army Corps of Engineers will pro- cilities, and State or local govern- vide the data specified on ENG Forms ments. 3102b, 3102c, and/or 3102d to the (vii) Data from trade journals and lockmaster, canal operator, or his des- publications. ignated representative in the manner (viii) Site visits and inspections. and detail dictated. (2) Notice of violation. Once a report- (c) Penalties for noncompliance. The ing violation is determined to have oc- following penalties for noncompliance curred, the Chief of the Waterborne can be assessed for offenses and viola- Commerce Statistics Center will notify tions. the responsible party and allow 30 days (1) Criminal penalties. Every person or for the reports to be filed after the persons violating the provisions of this fact. If the reports are not filed within regulation shall, for each and every of- this 30-day notice period, then appro- fenses, be liable to a fine of not more priate civil or criminal actions will be than $5,000, or imprisonment not ex- undertaken by the Army Corps of Engi- ceeding two months, to be enforced in neers, including the proposal of civil or any district court in the United States criminal penalties for noncompliance. within whose territorial jurisdiction Typical cases for criminal or civil ac- such offense may have been com- tion include, but are not limited to, mitted. those violations which are willful, re- (2) In addition, any person or entity peated, or have a substantial impact in that fails to provide timely, accurate, the opinion of the Chief of the Water- and complete statements or reports re- borne Commerce Statistics Center. quired to be submitted by the regula- (3) Administrative assessment of civil tion in this section may also be as- penalties. Civil penalties may be as- sessed a civil penalty of up to $5,834 per sessed in the following manner. violation under 33 U.S.C. 555, as amend- (i) Authorization. If the Chief of the ed. Waterborne Commerce Statistics Cen- (3) Denial of passage. In addition to ter finds that a person or entity has these fines, penalties, and failed to comply with any of the provi- imprisonments, the lockmaster or sions specified herein, he is authorized canal operator can refuse to allow ves- to assess a civil penalty in accordance sel passage. with the Class I penalty provisions of (d) Enforcement policy. Every means 33 CFR part 326. Provided, however, at the disposal of the Army Corps of that the procedures in 33 CFR part 326 Engineers will be utilized to monitor specifically implementing the Clean and enforce these regulations. Water Act (33 U.S.C. 1319(g)(4)), public (1) To identify vessel operating com- notice, comment period, and state co- panies that should be reporting water- ordination, shall not apply. borne commerce data, The Corps will (ii) Initiation. The Chief of the Water- make use of, but is not limited to, the borne Commerce Statistics Center will following sources. prepare and process a proposed civil (i) Data on purchase and sale of ves- penalty order which shall state the sels. amount of the penalty to be assessed, (ii) U.S. Coast Guard vessel docu- describe by reasonable specificity the mentation and reports. nature of the violation, and indicate

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the applicable provisions of 33 CFR 208.82 Hetch Hetchy, Cherry Valley, and part 326. Don Pedro Dams and Reservoirs. (iii) Hearing requests. Recipients of a AUTHORITY: Sec. 7, 58 Stat. 890; 33 U.S.C. proposed civil penalty order may file a 709. written request for a hearing or other proceeding. This request shall be as § 208.10 Local flood protection works; specified in 33 CFR part 326 and shall maintenance and operation of be addressed to the Director of the structures and facilities. Water Resources Support Center, Casey (a) General. (1) The structures and fa- Building, Fort Belvoir, Virginia 22060– cilities constructed by the United 5586, who will provide the requesting States for local flood protection shall person or entity with a reasonable op- be continuously maintained in such a portunity to present evidence regard- manner and operated at such times and ing the issuance, modification, or rev- for such periods as may be necessary to ocation of the proposed order. There- obtain the maximum benefits. after, the Director of the Water Re- (2) The State, political subdivision sources Center shall issue a final order. thereof, or other responsible local (4) Additional remedies. Appropriate agency, which furnished assurance that cases may also be referred to the local it will maintain and operate flood con- U.S. Attorney for prosecution, penalty trol works in accordance with regula- collection, injunctive, and other relief tions prescribed by the Secretary of by the Chief of the Waterborne Com- the Army, as required by law, shall ap- merce Statistics Center. point a permanent committee con- sisting of or headed by an official here- [56 FR 13765, Apr. 4, 1991, as amended at 84 inafter called the ‘‘Superintendent,’’ FR 31497, July 2, 2019; 85 FR 35005, June 8, who shall be responsible for the devel- 2020] opment and maintenance of, and di- rectly in charge of, an organization re- PART 208—FLOOD CONTROL sponsible for the efficient operation REGULATIONS and maintenance of all of the struc- tures and facilities during flood periods Sec. and for continuous inspection and 208.10 Local flood protection works; mainte- maintenance of the project works dur- nance and operation of structures and fa- ing periods of low water, all without cilities. cost to the United States. 208.11 Regulations for use of storage allo- cated for flood control or navigation and/ (3) A reserve supply of materials or project operation at reservoirs subject needed during a flood emergency shall to prescription of rules and regulations be kept on hand at all times. by the Secretary of the Army in the in- (4) No encroachment or trespass terest of flood control and navigation. which will adversely affect the effi- 208.19 Marshall Ford Dam and Reservoir cient operation or maintenance of the (Mansfield Dam and Lake Travis), Colo- project works shall be permitted upon rado River, Texas. the rights-of-way for the protective fa- 208.22 Twin Buttes Dam and Reservoir, Mid- cilities. dle and South Concho Rivers, Tex. 208.25 Pensacola Dam and Reservoir, Grand (5) No improvement shall be passed (Neosho) River, Okla. over, under, or through the walls, lev- 208.26 Altus Dam and Reservoir, North Fork ees, improved channels or floodways, Red River, Okla. nor shall any excavation or construc- 208.27 Fort Cobb Dam and Reservoir, Pond tion be permitted within the limits of (Cobb) Creek, Oklahoma. the project right-of-way, nor shall any 208.28 Foss Dam and Reservoir, Washita change be made in any feature of the River, Oklahoma. works without prior determination by 208.29 Arbuckle Dam and Lake of the Ar- the District Engineer of the Depart- buckles, Rock Creek, Okla. ment of the Army or his authorized 208.32 Sanford Dam and Lake Meredith, Ca- nadian River, Tex. representative that such improvement, 208.33 Cheney Dam and Reservoir, North excavation, construction, or alteration Fork of Ninnescah River, Kans. will not adversely affect the func- 208.34 Norman Dam and Lake Thunderbird, tioning of the protective facilities. Little River, Okla. Such improvements or alterations as

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