[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR177.07]

[Page 744-745]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
    CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION (CONTINUED)
 
PART 177--CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS--Table of Contents
 
Sec. 177.07  Other unsafe conditions.

    For the purpose of section 4308 of Title 46, United States Code, 
``other unsafe condition'' means a boat:
    (a) Does not display between sunset and sunrise the navigation 
lights prescribed by the International Regulations for Preventing 
Collisions at Sea, 1972 (72 COLREGS) or, when in use upon the inland 
waters of the United States, the Inland Navigational Rules Act of 1980 
(Pub. L. 96-591), 94 Stat. 3415, 33 U.S.C. 2001, et seq.);
    (b) That is operated by an individual who is apparently under the 
influence of alcohol or a dangerous drug, as defined in Sec. 95.020 of 
this chapter, to the extent that, in the boarding officer's discretion, 
the continued operation of the vessel would create an unsafe condition.
    (c) Has a fuel leakage from either the fuel system or engine, or has 
an accumulation of fuel in the bilges.

[[Page 745]]

    (d) Does not meet the applicable ventilation requirements for tanks 
and engine spaces prescribed by 46 CFR 25.40 (which applies to certain 
boats built before August 1, 1980), or Subpart K Ventilation, of 33 CFR 
Part 183 (which applies to boats built after July 31, 1980);
    (e) Does not meet the requirements for backfire flame control 
prescribed by 46 CFR 25.35; or
    (f) Is operated in a Regulated Boating Area as described in 
Sec. 177.08 when:
    (1) The wave height within the Regulated Boating Area is 4 feet or 
greater; or
    (2) The wave height within the Regulated Boating Area is equal to or 
greater than the wave height determined by the formula
    L/10+F=W
where:
L=Overall length of a boat measured in feet in a straight horizontal 
line along and parallel with the centerline between the intersections of 
this line with the vertical planes of the stem and stern profiles 
excluding deckhouses and equipment.
F=The minimum freeboard when measured in feet from the lowest point 
along the upper strake edge to the surface of the water.
W=Maximum wave height in feet to the nearest highest whole number; or

    (3) The surface current is 4 knots or greater within the Regulated 
Boating Area.
    (g) Designated manifestly unsafe for a specific voyage on a specific 
body of water due to:
    (1) Unsuitable design or configuration, or
    (2) Improper construction or inadequate material condition, or
    (3) Improper or inadequate operational or safety equipment, and set 
forth in an order issued by a District Commander according to the 
provisions of Sec. 177.04.

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

    Editorial Note: For Federal Register citations affecting 
Sec. 177.07, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.