[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR164.78]

[Page 634-635]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 164_NAVIGATION SAFETY REGULATIONS--Table of Contents
 
Sec. 164.78  Navigation under way: Towing vessels.

    (a) The owner, master, or operator of each vessel towing shall 
ensure that each person directing and controlling the movement of the 
vessel--
    (1) Understands the arrangement of the tow and the effects of 
maneuvering on the vessel towing and on the vessel, barge, or object 
being towed;
    (2) Can fix the position of the vessel using installed navigational 
equipment, aids to navigation, geographic reference-points, and 
hydrographic contours;
    (3) Does not fix the position of the vessel using buoys alone (Buoys 
are aids to navigation placed in approximate positions either to alert 
mariners to hazards to navigation or to indicate the orientation of a 
channel. They may not maintain exact charted positions, because strong 
or varying currents, heavy seas, ice, and collisions with vessels can 
move or sink them or set them adrift. Although they may corroborate a 
position fixed by other means, they cannot fix a position; however, if 
no other aids are available, buoys alone may establish an estimated 
position.);
    (4) Evaluates the danger of each closing visual or radar contact;
    (5) Knows and applies the variation and deviation, where a magnetic 
compass is fitted and where charts or maps have enough detail to enable 
this type of correction;
    (6) Knows the speed and direction of the current, set, drift, and 
tidal state for the area to be transited;
    (7) Proceeds at a safe speed taking into account the weather, 
visibility, density of traffic, draft of tow, possibility of wake 
damage, speed and direction of the current, and local speed-limits; and
    (8) Monitors the voyage plan required by Sec. 164.80.
    (b) The owner, master, or operator of each vessel towing shall 
ensure that the tests and inspections required by Sec. 164.80 are 
conducted and that the results are entered in the log or other record 
carried on board.

[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68 
FR 22610, Apr. 29, 2003]

    Effective Date Note: By USCG-2000-6931, 69 FR 34068, June 18, 2004, 
Sec. 164.78 was amended by revising paragraphs (a)(6), (7), and (8), 
effective July 19, 2004. For the convenience of the user, the revised 
text is set forth as follows:

[[Page 635]]

Sec. 164.78  Navigation under way: Towing vessels.

    (a) * * *
    (6) Knows the speed and direction of the current, and the set, 
drift, and tidal state for the area to be transited;
    (7) Proceeds at a safe speed taking into account the weather, 
visibility, density of traffic, draft of tow, possibility of wake 
damage, speed and direction of the current, and local speed-limits; and
    (8) Monitors the voyage plan required by Sec. 164.80.

                                * * * * *