[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR162.138]

[Page 586]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS--Table of Contents
 
Sec. 162.138  Connecting waters from Lake Huron to Lake Erie; speed rules.

    (a) Maximum speed limit for vessels in normal displacement mode. (1) 
Except when required for the safety of the vessel or any other vessel, 
vessels of 20 meters or more in length operating in normal displacement 
mode shall proceed at a speed not greater than--
    (i) 12 statute miles per hour (10.4 knots) between Fort Gratiot 
Light and St. Clair Flats Canal Light 2;
    (ii) 12 statute miles per hour (10.4 knots) between Peche Island 
Light and Detroit River Light; and
    (iii) 4 statute miles per hour (3.5 knots) in the River Rouge.
    (2) The maximum speed limit is 5.8 statute miles per hour (5 knots) 
in the navigable channel south of Peche Island (under Canadian 
jurisdiction).
    (b) Maximum speed limit for vessels operating in nondisplacement 
mode. (1) Except when required for the safety of the vessel or any other 
vessel, vessels 20 meters or more in length but under 100 gross tons 
operating in the nondisplacement mode and meeting the requirements set 
out in paragraph (c) of this section, may operate at a speed not 
exceeding 40 miles per hour (34.8 knots)--
    (i) During daylight hours (sunrise to sunset);
    (ii) When conditions otherwise safely allow; and
    (iii) When approval has been granted by the Coast Guard Captain of 
the Port, Detroit or Commander of the Ninth Coast Guard District prior 
to each transit of the area.
    (2) In this section, ``nondisplacement mode'' means a mode of 
operation in which the vessel is supported by hydrodynamic forces, 
rather than displacement of its weight in the water, to an extent such 
that the wake which would otherwise be generated by the vessel is 
significantly reduced.
    (c) Unsafe vessels. The Captain of the Port or the District 
Commander may deny approval for operations under paragraph (b) of this 
section if it appears that the design and operating characteristics of 
the vessels in question are not safe for the designated waterways, or if 
it appears that operations under this section have become unsafe for any 
reason.
    (d) Temporary speed limits. The District Commander may temporarily 
establish speed limits or temporarily amend existing speed limit 
regulations on the waters described in Sec. 162.130(a).

[CGD 09-95-002, 60 FR 35702, July 11, 1995]