26 SEP 2021 U.S. Coast Pilot 2, Chapter 2 ¢ 35 Navigation Regulations (1) This chapter contains extracts from Code of Federal (7) United States Army Corps of Engineers—33 CFR Regulations (CFR) that are of importance to mariners 207 and 334 in the area covered by this Coast Pilot. Sections of little (8) Environmental Protection Agency—40 CFR 140 value to the mariner are sometimes omitted. Omitted (9) sections are signified by the following [...] TITLE 33–NAVIGATION AND NAVIGABLE WA- (2) Extracts from the following titles are contained in TERS this chapter. (3) Title 33: Navigation and Navigable Waters (10) Part 26—Vessel Bridge-to-Bridge Radiotelephone Regulations Part 26–Vessel Bridge-to-Bridge Radiotele- Part 80—COLREGS Demarcation Lines phone Regulations Part 81—72 COLREGS: Implementing Rules Part 82—72 COLREGS: Interpretive Rules (11) Part 88—Annex V: Pilot Rules §26.01 Purpose. Part 89—Inland Navigation Rules: Implementing Rules (12) (a) The purpose of this part is to implement the Part 90—Inland Rules: Interpretive Rules provisions of the Vessel Bridge-to-Bridge Radiotelephone Part 110—Anchorage Regulations Act. This part– Part 117—Drawbridge Operation Regulations (13) (1) Requires the use of the vessel bridge-to-bridge Part 157—Rules for the Protection of the Marine Environment Relating to Tank Vessels Carrying Oil in Bulk (in part) radiotelephone; Part 160—Ports and Waterways Safety-General (14) (2) Provides the Coast Guard’s interpretation of the Part 161—Vessel Traffic Management meaning of important terms in the Act; Part 162—Inland Waterways Navigation Regulations (15) (3) Prescribes the procedures for applying for an Part 164—Navigation Safety Regulations (in part) exemption from the Act and the regulations issued under Part 165—Regulated Navigation Areas and Limited Access Areas the Act and a listing of exemptions. Part 166—Shipping Safety Fairways (16) (b) Nothing in this part relieves any person from the Part 167—Offshore Traffic Separation Schemes obligation of complying with the rules of the road and the Part 169—Ship Reporting Systems applicable pilot rules. Part 207—Navigation Regulations (17) Part 334—Danger Zones and Restricted Area Regulations §26.02 Definitions. Title 40: Protection of Environment (18) For the purpose of this part and interpreting the Act– Part 140—Marine Sanitation Device Standard (19) Act means the “Vessel Bridge-to-Bridge Title 46: Shipping Radiotelephone Act”, 33 U.S.C. sections 1201–1208; Part 15—Manning Requirements (20) Length is measured from end to end over the deck Title 50: Wildlife and Fisheries excluding sheer; Part 222—General Endangered and Threatened Marine Species (21) Power-driven vessel means any vessel propelled by Part 224—Endangered Marine and Anadromous Species machinery; and (22) Secretary means the Secretary of the Department in (4) These regulations can only be amended by the which the Coast Guard is operating; enforcing agency or other authority cited in the regulations. (23) Territorial sea means all waters as defined in §2.22(a) Accordingly, requests for changes to these regulations (1) of this chapter. should be directed to the appropriate agency for action. (24) Towing vessel means any commercial vessel engaged In those regulations where the enforcing agency is not in towing another vessel astern, alongside, or by pushing cited or is unclear, recommendations for changes should ahead. be directed to the following Federal agencies for action: (25) Vessel Traffic Services (VTS) means a service (5) National Oceanic and Atmospheric implemented under Part 161 of this chapter by the United Administration—50 CFR 222, 224 and 226 States Coast Guard designed to improve the safety and (6) United States Coast Guard—33 CFR 26, 80, 81, efficiency of vessel traffic and to protect the environment. 82, 88, 89, 90, 110, 117, 157, 160, 161, 162, 164, 165, The VTS has the capability to interact with marine traffic 166, 167 and 169; 46 CFR 15 36 ¢ U.S. Coast Pilot 2, Chapter 2 26 SEP 2021 and respond to traffic situations developing in the VTS 166.200, to that channel’s junction with the Inner Harbor area. Navigation Canal; and (26) Vessel Traffic Service Area or VTS Area means the (40) (3) The full length of the Inner Harbor Navigation geographical area encompassing a specific VTS area of Canal from its junction with the Mississippi River to that service as described in Part 161 of this chapter. This area canal’s entry to Lake Pontchartrain at the New Seabrook of service may be subdivided into sectors for the purpose vehicular bridge. of allocating responsibility to individual Vessel Traffic (41) (f) In addition to the radiotelephone required by Centers or to identify different operating requirements. paragraph (b) of this section, each vessel described in (27) Note: Although regulatory jurisdiction is limited to paragraph (a) of this section while transiting any waters the navigable waters of the United States, certain vessels within a Vessel Traffic Service Area, must have on board will be encouraged or may be required, as a condition of a radiotelephone capable of transmitting and receiving port entry, to report beyond this area to facilitate traffic on the VTS designated frequency in Table 161.12(c) management within the VTS area. (VTS and VMRS Centers, Call Signs/MMSI, Designated (28) Frequencies, and Monitoring Areas). §26.03 Radiotelephone required. (42) Note: A single VHF-FM radio capable of scanning or (29) (a) Unless an exemption is granted under §26.09 and sequential monitoring (often referred to as “dual watch” except as provided in paragraph (a)(4) of this section, this capability) will not meet the requirements for two radios. part applies to: (43) (30) (1) Every power-driven vessel of 20 meters or over §26.04 Use of the designated frequency. in length while navigating; (44) (a) No person may use the frequency designated (31) (2) Every vessel of 100 gross tons and upward by the Federal Communications Commission under carrying one or more passengers for hire while navigating; section 8 of the Act, 33 U.S.C. 1207(a), to transmit any (32) (3) Every towing vessel of 26 feet or over in length information other than information necessary for the safe while navigating; and navigation of vessels or necessary tests. (33) (4) Every dredge and floating plant engaged in or (45) (b) Each person who is required to maintain a near a channel or fairway in operations likely to restrict or listening watch under section 5 of the Act shall, when affect navigation of other vessels except for an unmanned necessary, transmit and confirm, on the designated or intermittently manned floating plant under the control frequency, the intentions of his vessel and any other of a dredge. information necessary for the safe navigation of vessels. (34) (b) Every vessel, dredge, or floating plant described (46) (c) Nothing in these regulations may be construed in paragraph (a) of this section must have a radiotelephone as prohibiting the use of the designated frequency to on board capable of operation from its navigational communicate with shore stations to obtain or furnish bridge, or in the case of a dredge, from its main control information necessary for the safe navigation of vessels. station, and capable of transmitting and receiving on the (47) (d) On the navigable waters of the United States, frequency or frequencies within the 156-162 Mega-Hertz channel 13 (156.65 MHz) is the designated frequency band using the classes of emissions designated by the required to be monitored in accordance with §26.05(a) Federal Communications Commission for the exchange except that in the area prescribed in §26.03(e), channel of navigational information. 67 (156.375 MHz) is the designated frequency. (35) (c) The radiotelephone required by paragraph (b) (48) (e) On those navigable waters of the United States of this section must be carried on board the described within a VTS area, the designated VTS frequency is an vessels, dredges, and floating plants upon the navigable additional designated frequency required to be monitored waters of the United States. in accordance with §26.05. (36) (d) The radiotelephone required by paragraph (b) of (49) this section must be capable of transmitting and receiving §26.05 Use of radiotelephone. on VHF-FM channel 22A (157.1 MHz). (50) Section 5 of the Act states that the radiotelephone (37) (e) While transiting any of the following waters, each required by this Act is for the exclusive use of the master vessel described in paragraph (a) of this section also must or person in charge of the vessel, or the person designated have on board a radiotelephone capable of transmitting by the master or person in charge to pilot or direct the and receiving on VHF-FM channel 67 (156.375 MHz): movement of the vessel, who shall maintain a listening (38) (1) The lower Mississippi River from the territorial watch on the designated frequency. Nothing herein sea boundary, and within either the Southwest Pass safety shall be interpreted as precluding the use of portable fairway or the South Pass safety fairway specified in 33 radiotelephone equipment to satisfy the requirements of CFR 166.200, to mile 242.4 AHP (Above Head of Passes) this Act. near Baton Rouge; (51) (39) (2) The Mississippi River-Gulf Outlet from the §26.06 Maintenance of radiotelephone; failure of territorial sea boundary, and within the Mississippi radiotelephone. River-Gulf outlet Safety Fairway specified in 33 CFR (52) Section 6 of the Act states– 26 SEP 2021 U.S. Coast Pilot 2, Chapter 2 ¢ 37 (53) (a) Whenever radiotelephone capability is required each person to whom 33 U.S.C. 1208(a) applies must by this Act, a vessel’s radiotelephone equipment shall comply with Articles VII, X, XI, XII, XIII, XV, and be maintained in effective operating condition.