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1
Q

33 CFR 62

A

UNITED STATES AIDS TO NAVIGATION SYSTEM

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2
Q

The Coast Guard administers the U.S. Aids to Navigation System. The system consists of ____ aids to navigation operated by the Coast Guard, aids to navigation operated by the other ______ services, and private aids to navigation operated by other persons.

A

federal and armed

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3
Q

The Coast Guard maintains systems of marine aids to navigation consisting of visual, _____, and ____ signals which are designed to assist the prudent mariner in the process of navigation. The aids to navigation system is not intended to identify every shoal or obstruction to navigation which exists in the navigable waters of the United States, but rather provides for reasonable marking of marine features as resources permit. The primary objective of the aids to navigation system is to mark navigable channels and waterways, obstructions adjacent to these waterways, and obstructions in areas of general navigation which may not be anticipated. Other waters, even if navigable, are generally not marked.

A

audible and electronic

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4
Q

Aid to Navigation. The term aid to navigation means any device ______ to a vessel or aircraft intended to assist a navigator to determine position or safe course, or to warn of dangers or obstructions to navigation.

A

external

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5
Q

Buoys

A

Buoys are floating aids to navigation used extensively throughout U.S. waters. They are moored to the seabed by sinkers with chain or other moorings of various lengths.

(1) The daymark of a buoy is the color and shape of the buoy and, if so equipped, of the topmark.
(i) Can buoys have a cylindrical shape.
(ii) Nun buoys have a tapered, conical shape.
(iii) Pillar buoys have a wide cylindrical base supporting a narrower superstructure. They may be surmounted by colored shapes called topmarks.
(iv) Spherical buoys have a round shape.

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6
Q

Lateral marks

A

(b) Sidemarks are lateral marks which advise the mariner to stay to one side of the mark. Their most frequent use is to mark the sides of channels; however, they may be used individually to mark obstructions outside of clearly defined channels. Sidemarks are not always placed directly on a channel edge and may be positioned outside the channel as indicated on charts and nautical publications.
(1) Port hand marks indicate the left side of channels when proceeding in the Conventional Direction of Buoyage. Beacons have green square daymarks, while buoys are green can or pillar buoys.
(2) Starboard hand marks indicate the right side of channels when proceeding in the Conventional Direction of Buoyage. Beacons have red triangular daymarks, while buoys are red nun or pillar buoys.

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7
Q

62.41 Ranges

A

Ranges are aids to navigation systems employing dual beacons which, when the structures appear to be in line, assist the mariner in maintaining a safe course. The appropriate nautical chart must be consulted when using ranges to determine whether the range marks the centerline of the navigable channel and also to ascertain what section of the range may be safety traversed. Ranges are generally, but not always, lighted, and display rectangular daymarks of various colors.

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8
Q

62.52 Automatic Identification System Aids to Navigation (AIS AtoN).

A

Aids to Navigation (AtoN) may be enhanced by the use of an automatic identification system (AIS). AIS is a maritime navigation safety communications protocol standardized by the International Telecommunication Union and adopted by the International Maritime Organization for the broadcast or exchange of navigation information between vessels, aircraft, and shore stations. AIS AtoN can autonomously and at fixed intervals broadcast the name, position, dimensions, type, characteristics and status from or concerning an aid to navigation.

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9
Q

95.020 Standard for under the influence of alcohol or a dangerous drugs

A

An individual is under the influence of alcohol or a dangerous drug when:

(a) The individual is operating a recreational vessel and has a Blood Alcohol Concentration (BAC) level of .08 percent or more, by weight, in their blood;
(b) The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood; or,
(c) The individual is operating any vessel and the effect of the intoxicant(s) consumed by the individual on the person’s manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation.

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10
Q

95.030 Evidence of under the influence of alcohol or a dangerous drug

A

Acceptable evidence of when a vessel operator is under the influence of alcohol or a dangerous drug includes, but is not limited to:

(a) Personal observation of an individual’s manner, disposition, speech, muscular movement, general appearance, or behavior; or,
(b) A chemical test.

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11
Q

4.03-1 Marine casualty or accident

A

(1) Any fall overboard, injury, or loss of life of any person.
(2) Any occurrence involving a vessel that results in -
(i) Grounding;
(ii) Stranding;
(iii) Foundering;
(iv) Flooding;
(v) Collision;
(vi) Allision;
(vii) Explosion;
(viii) Fire;
(ix) Reduction or loss of a vessel’s electrical power, propulsion, or steering capabilities;
(x) Failures or occurrences, regardless of cause, which impair any aspect of a vessel’s operation, components, or cargo;
(xi) Any other circumstance that might affect or impair a vessel’s seaworthiness, efficiency, or fitness for service or route; or
(xii) Any incident involving significant harm to the environment.
(3) Any occurrences of injury or loss of life to any person while diving from a vessel and using underwater breathing apparatus.
(4) Any incident described in § 4.05-1(a).

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12
Q

The Secretary may issue licenses in the following classes to applicants found qualified as to age, character, habits of life, experience, professional qualifications, and physical fitness:

A

(1) masters, mates, and engineers.
(2) pilots.
(3) operators.
(4) radio officers.

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13
Q

In classifying individuals under subsection (c)(1) of this section, the Secretary shall establish, when possible, suitable career patterns and service and other qualifying requirements appropriate to the particular service or industry in which the individuals are engaged

A

1) is at least 21 years of age;
(2) is of sound health and has no physical limitations that would hinder or prevent the performance of a pilot’s duties;
(3) has a thorough physical examination each year while holding the license, except that this requirement does not apply to an individual who will serve as a pilot only on a vessel of less than 1,600 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title;
(4) demonstrates, to the satisfaction of the Secretary, that the applicant has the requisite general knowledge and skill to hold the license;
(5) demonstrates proficiency in the use of electronic aids to navigation;
(6) maintains adequate knowledge of the waters to be navigated and knowledge of regulations for the prevention of collisions in those waters;
(7) has sufficient experience, as decided by the Secretary, to evidence ability to handle any vessel of the type and size which the applicant may be authorized to pilot; and
(8) meets any other requirement the Secretary considers reasonable and necessary.

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14
Q

A license issued under this part is valid for a ____-year period and may be renewed for additional _____-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission.

A

5 and 5

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15
Q

Licenses of masters or mates as pilots

A

A master or mate licensed under this part who also qualifies as a pilot is not required to hold 2 licenses. Instead, the qualification of the master or mate as pilot shall be endorsed on the master’s or mate’s license.

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16
Q

State regulation of pilots

A

(a) Except as otherwise provided in this subtitle, pilots in the bays, rivers, harbors, and ports of the United States shall be regulated only in conformity with the laws of the States.
(b) The master of a vessel entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States.
(c) A State may not adopt a regulation or provision that discriminates in the rate of pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or against vessels because of their means of propulsion, or against public vessels of the United States.
(d) A State may not adopt a regulation or provision that requires a coastwise vessel to take a pilot licensed or authorized by the laws of a State if the vessel—
(1) is propelled by machinery and subject to inspection under part B of this subtitle; or
(2) is subject to inspection under chapter 37 of this title.
(e) Any regulation or provision violating this section is void.

17
Q

Federal pilots required

A

(a)Except as provided in subsections (g) and (i) of this section, a coastwise seagoing vessel shall be under the direction and control of a pilot licensed under section 7101 of this title if the vessel is—
(1)not sailing on register;
(2)underway;
(3)not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured; and
(4)
(A)propelled by machinery and subject to inspection under part B of this subtitle; or
(B)subject to inspection under chapter 37 of this title.
(b)The fees charged for pilotage by pilots required under this section may not be more than the customary or legally established rates in the States in which the pilotage is performed.
(c)A State or political subdivision of a State may not impose on a pilot licensed under this subtitle an obligation to procure a State or other license, or adopt any other regulation that will impede the pilot in the performance of the pilot’s duties under the laws of the United States.
(d)A State or political subdivision of a State may not levy pilot charges on a vessel lawfully piloted by a pilot required under this section.
(e)The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $10,000. The vessel also is liable in rem for the penalty.
(f)An individual serving as a pilot without having a license required by this section or a regulation prescribed under this section is liable to the Government for a civil penalty of $10,000.
(g)
(1)The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.
(2)In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60°49′ North latitude and the Port of Valdez, Alaska.
(h)The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a master or mate licensed to direct and control the vessel under section 7101(c)(1) of this title who is separate and distinct from the pilot required under subsection (a) of this section.
(i)
(1)Except as provided in paragraph (2), a dredge to which this section would otherwise apply is exempt from the requirements of this section.
(2)If the Secretary determines, after notice and comment, that the exemption under paragraph (1) creates a hazard to navigational safety in a specified area, the Secretary may require that a dredge exempted by paragraph (1) which is operating in that area shall comply with this section.

18
Q

Federal pilots authorized

A

(a)The Secretary may require a pilot licensed under section 7101 of this title on a self-propelled vessel when a pilot is not required by State law and the vessel is—
(1)engaged in foreign commerce; and
(2)operating—
(A)in internal waters of the United States; or
(B)within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.
(b)A requirement prescribed under subsection (a) of this section is terminated when the State having jurisdiction over the area involved—
(1)establishes a requirement for a State licensed pilot; and
(2)notifies the Secretary of that fact.
(c)For the Saint Lawrence Seaway, the Secretary may not delegate the authority under this section to an agency except the Great Lakes St. Lawrence Seaway Development Corporation.
(d)A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty.
(e)A person that knowingly violates this section or a regulation prescribed under this section commits a class D felony.

19
Q

Merchant mariners’ documents required

A

(a) This section applies to a merchant vessel of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title except—
(1) a vessel operating only on rivers and lakes (except the Great Lakes);
(2) a barge (except a seagoing barge or a barge to which chapter 37 of this title applies);
(3) a fishing, fish tender, or whaling vessel or a yacht;
(4) a sailing school vessel with respect to sailing school instructors and sailing school students;
(5) an oceanographic research vessel with respect to scientific personnel;
(6) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products;
(7) a fish processing vessel (except a vessel to which clause (6) of this subsection applies) with respect to individuals on board primarily employed in the preparation of fish or fish products or in a support position not related to navigation;
(8) a mobile offshore drilling unit with respect to individuals, other than crew members required by the certificate of inspection, engaged on board the unit for the sole purpose of carrying out the industrial business or function of the unit;
(9) a passenger vessel not engaged in a foreign voyage with respect to individuals on board employed for a period of not more than 30 service days within a 12 month period as entertainment personnel, with no duties, including emergency duties, related to the navigation of the vessel or the safety of the vessel, its crew, cargo or passengers; and
(10) the Secretary may prescribe the individuals required to hold a merchant mariner’s document serving onboard an oil spill response vessel.
(b) A person may not engage or employ an individual, and an individual may not serve, on board a vessel to which this section applies if the individual does not have a merchant mariner’s document issued to the individual under section 7302 of this title. Except for an individual required to be licensed or registered under this part, the document must authorize service in the capacity for which the holder of the document is engaged or employed.
(c) On a vessel to which section 10306 or 10503 of this title does not apply, an individual required by this section to hold a merchant mariner’s document must exhibit it to the master of the vessel before the individual may be employed.
(d) A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $500.

20
Q

Certain crew requirements

A

(a) This section applies to a vessel of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title except—
(1) a vessel operating only on rivers and lakes (except the Great Lakes);
(2) a barge (except a seagoing barge or a barge to which chapter 37 of this title applies);
(3) a fishing, fish tender, or whaling vessel (except a fish tender vessel engaged in the Aleutian trade) or a yacht;
(4) a sailing school vessel with respect to sailing school instructors and sailing school students;
(5) an oceanographic research vessel with respect to scientific personnel;
(6) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products; and
(7) a fish processing vessel (except a vessel to which clause (6) of this subsection applies) with respect to individuals on board primarily employed in the preparation of fish or fish products or in a support position not related to navigation.
(b) A vessel may operate only if at least—
(1) 75 percent of the crew in each department on board is able to understand any order spoken by the officers, and
(2) 65 percent of the deck crew (excluding licensed individuals) have merchant mariners’ documents endorsed for a rating of at least able seaman, except that this percentage may be reduced to 50 percent—
(i) on a vessel permitted under section 8104 of this title to maintain a 2-watch system; or
(ii) on a fish tender vessel engaged in the Aleutian trade.
(c) An able seaman is not required on a towing vessel operating on bays and sounds connected directly with the seas.
(d) An individual having a rating of less than able seaman may not be permitted at the wheel in ports, harbors, and other waters subject to congested vessel traffic, or under conditions of reduced visibility, adverse weather, or other hazardous circumstances.
(e) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $10,000.