[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: 33CFR164.80]

[Page 635-636]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 164_NAVIGATION SAFETY REGULATIONS--Table of Contents
 
Sec. 164.80  Tests, inspections, and voyage planning.

    (a) The owner, master, or operator of each towing vessel of less 
than 1,600 GT shall ensure that the following tests and inspections of 
gear occur before the vessel embarks on a voyage of more than 24 hours 
or when each new master or operator assumes command:
    (1) Steering-systems. A test of the steering-gear-control system; a 
test of the main steering gear from the alternative power supply, if 
installed; a verification of the rudder-angle indicator relative to the 
actual position of the rudder; and a visual inspection of the steering 
gear and its linkage.
    (2) Navigational equipment. A test of all installed navigational 
equipment.
    (3) Communications. Operation of all internal vessel control 
communications and vessel-control alarms, if installed.
    (4) Lights. Operation of all navigational lights and all 
searchlights.
    (5) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of the 
winch brake, if installed.
    (6) Propulsion systems. Visual inspection of the spaces for main 
propulsion machinery, of machinery, and of devices for monitoring 
machinery.
    (b) The owner, master, or operator of each towing vessel of 1,600 GT 
or more shall ensure that the following tests of equipment occur at the 
frequency required by Sec. 164.25 and that the following inspections of 
gear occur before the vessel embarks on a voyage of more than 24 hours 
or when each new master or operator assumes command:
    (1) Navigational equipment. Tests of onboard equipment as required 
by Sec. 164.25.
    (2) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of the 
winch brake, if installed.
    (c) Towing vessels described in paragraphs (b) (1) through (4) of 
Sec. 164.01 are exempt from the voyage-planning requirements outlined 
in this section. If any part of a towing vessel's intended voyage is 
seaward of the baseline (i.e., the shoreward boundary) of the 
territorial sea of the U.S., then the owner, master, or operator of the 
vessel, employed to tow a barge or barges, must ensure that the voyage 
with the barge or barges is planned, taking into account all pertinent 
information before the vessel embarks on the voyage. The master must 
check the planned route for proximity to hazards before the voyage 
begins. During a voyage, if a decision is made to deviate substantially 
from the planned route, then the master or mate must plan the new route 
before deviating from the planned route. The voyage plan must follow 
company policy and consider the following (related requirements noted in 
parentheses):
    (1) Applicable information from nautical charts and publications 
(also see paragraph (b) of Sec. 164.72), including Coast Pilot, Coast 
Guard Light List, and Coast Guard Local Notice to Mariners for the port 
of departure, all ports of call, and the destination;
    (2) Current and forecast weather, including visibility, wind, and 
sea state for the port of departure, all ports of call, and the 
destination (also see paragraphs (a)(7) of Sec. 164.78 and (b) of 
Sec. 164.82);
    (3) Data on tides and currents for the port of departure, all ports 
of call, and the destination, and the river stages and forecast, if 
appropriate;
    (4) Forward and after drafts of the barge or barges and under-keel 
and vertical clearances (air-gaps) for all bridges, ports, and berthing 
areas;
    (5) Pre-departure checklists;
    (6) Calculated speed and estimated time of arrival at proposed 
waypoints;

[[Page 636]]

    (7) Communication contacts at any Vessel Traffic Services, bridges, 
and facilities, and any port-specific requirements for VHF radio;
    (8) Any master's or operator's standing orders detailing closest 
points of approach, special conditions, and critical maneuvers; and
    (9) Whether the towing vessel has sufficient power to control the 
tow under all foreseeable circumstances.

[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. 164.80 was amended by revising paragraph (c), effective July 19, 
2004. For the convenience of the user, the revised text is set forth as 
follows:

Sec. 164.80  Tests, inspections, and voyage planning.

                                * * * * *

    (c)(1) The voyage-planning requirements outlined in this section do 
not apply to you if your towing vessel is--
    (i) Used solely for any of the following services or any combination 
of these services--
    (A) Within a limited geographic area, such as a fleeting-area for 
barges or a commercial facility, and used for restricted service, such 
as making up or breaking up larger tows;
    (B) For harbor-assist;
    (C) For assistance towing as defined by 46 CFR 10.103;
    (D) For response to emergency or pollution;
    (ii) A public vessel that is both owned, or demise chartered, and 
operated by the United States Government or by a government of a foreign 
country; and that is not engaged in commercial service;
    (iii) A foreign vessel engaged in innocent passage; or
    (iv) Exempted by the Captain of the Port (COTP).
    (2) If you think your towing vessel should be exempt from these 
voyage planning requirements for a specified route, you should submit a 
written request to the appropriate COTP. The COTP will provide you with 
a written response granting or denying your request.
    (3) If any part of a towing vessel's intended voyage is seaward of 
the baseline (i.e., the shoreward boundary) of the territorial sea of 
the U.S., then the owner, master, or operator of the vessel, employed to 
tow a barge or barges, must ensure that the voyage with the barge or 
barges is planned, taking into account all pertinent information before 
the vessel embarks on the voyage. The master must check the planned 
route for proximity to hazards before the voyage begins. During a 
voyage, if a decision is made to deviate substantially from the planned 
route, then the master or mate must plan the new route before deviating 
from the planned route. The voyage plan must follow company policy and 
consider the following (related requirements noted in parentheses):
    (i) Applicable information from nautical charts and publications 
(also see paragraph (b) of section 164.72), including Coast Pilot, Coast 
Guard Light List, and Coast Guard Local Notice to Mariners for the port 
of departure, all ports of call, and the destination;
    (ii) Current and forecast weather, including visibility, wind, and 
sea state for the port of departure, all ports of call, and the 
destination (also see paragraphs (a)(7) of section 164.78 and (b) of 
section 164.82);
    (iii) Data on tides and currents for the port of departure, all 
ports of call, and the destination, and the river stages and forecast, 
if appropriate;
    (iv) Forward and after drafts of the barge or barges and under-keel 
and vertical clearances (air-gaps) for all bridges, ports, and berthing 
areas;
    (v) Pre-departure checklists;
    (vi) Calculated speed and estimated time of arrival at proposed 
waypoints;
    (vii) Communication contacts at any Vessel Traffic Services, 
bridges, and facilities, and any port-specific requirements for VHF 
radio;
    (viii) Any master's or operator's standing orders detailing closest 
points of approach, special conditions, and critical maneuvers; and
    (ix) Whether the towing vessel has sufficient power to control the 
tow under all foreseeable circumstances.