[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR207.100]



[Page 38-40]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 207_NAVIGATION REGULATIONS--Table of Contents

 

Sec.  207.100  Inland waterway from Delaware River to Chesapeake Bay, 

Del. and Md. (Chesapeake and Delaware Canal); use, administration, and 

navigation.



    (a) Applicability. The regulations in this section are applicable to 

that part of the inland waterway from Delaware River to Chesapeake Bay, 

Del. and Md., between Reedy Point, Delaware River, and Old Town Point 

Wharf, Elk River.

    (b) Supervision. The District Engineer, Corps of Engineers, 

Philadelphia, Pa., has administrative supervision over the waterway and 

is charged with the enforcement of these regulations. The District 

Engineer from time to time will prescribe rules governing the dimensions 

of vessels which may transit the waterway, and other special conditions 

and requirements which will govern the movement of vessels using the 

waterway. The District Engineer's representative is the Chesapeake City 

Resident Engineer. The Chesapeake City Resident Engineer through the 

dispatcher on duty will enforce these regulations and monitor traffic 

through the canal.

    (c) Safe navigation required. Clearance for any vessel to enter or 

pass through any part of the waterway will be contingent on the vessel's 

having adequate personnel, machinery, and operative devices for safe 

navigation. In the event of question as to the ability of any vessel to 

navigate the waterway safely, a ruling will be made by the dispatcher. 

The owner, agent, master, pilot, or other person in charge of the vessel 

concerned may appeal the dispatcher's ruling to the District Engineer 

whose decision shall be final. A clearance by the dispatcher for a 

vessel's passage through the waterway shall not relieve the owners, 

agents, and operators of the vessel of full responsibility for its safe 

passage.

    (d) Radio equipment. Requirements for radio equipment on vessels 

transiting the waterway are as described in rules



[[Page 39]]



governing traffic through the waterway issued by the District Engineer. 

Vessels not having the mandatory radio equipment will not be permitted 

to transit the canal.

    (e) Anchorage and wharfage facilities. The anchorage basin at 

Chesapeake City and free wharfage facilities on the west side of the 

anchorage basin are available for small vessels only. These facilities 

are of limited capacity, and permission to occupy them for periods 

exceeding 24 hours must be obtained in advance from the dispatcher at 

Chesapeake City.

    (f) Projections from vessels. No vessel carrying a deck load which 

overhangs or projects beyond the sides of the vessel will be permitted 

to enter or pass through the waterway. Vessels carrying rods, poles, or 

other gear extending above the top of the vessel's mast will be required 

to lower such equipment to a level with the top of the mast before 

entering the waterway.

    (g) [Reserved]

    (h) Tows--(1) Integrated pusher-type tows. The maximum overall 

length and extreme breadth of this type of tow which may transit the 

canal are as described in rules governing traffic through the waterway 

issued by the District Engineer.

    (2) All other types of tows. All ships or tugs engaged in towing 

vessels not equipped with a rudder, whether light or loaded, shall use 

two towlines or a bridle on one towline. If the vessel in tow is 

equipped with a rudder, one towline without a bridle may be used. All 

towlines must be hauled as short as practicable for safe handling of the 

tows. No towboat will be permitted to enter the waterway with more than 

two loaded, or three light barges. Two or more barges or other vessels, 

not self-propelled, shall be towed abreast and not in tandem, using two 

towlines unless the towboat is made fast alongside the tow.

    (i) [Reserved]

    (j) Traffic lights. Traffic lights are located at Reedy Point and 

Old Town Point Wharf. These traffic lights are described in the rules 

governing traffic through the waterway issued by the District Engineer.

    (k) Drawbridges. Operation of the Penn Central vertical lift bridge 

across the canal will be in accordance with regulations promulgated by 

the U.S. Coast Guard, Sec.  117.235a Chesapeake and Delaware Canal, 

Del., of this chapter.

    (l) [Reserved]

    (m) Refuse and oil. The depositing of trash, refuse, debris, oil, or 

other material in the waterway or upon the banks or right-of-way is 

prohibited. Violators are subject to penalties as prescribed by Federal 

law.

    (n) Damage to waterway property. Damage to the waterway, lands, 

banks, bridges, jetties, piers, fences, buildings, trees, telephone 

lines, lighting structures, or any other property of the United States 

pertaining to the waterway is prohibited.

    (o) Fish and game. The fish and game laws of the United States and 

of the States of Delaware and Maryland, within their respective bounds, 

will be enforced upon the waters and lands pertaining to the waterway 

owned by the United States.

    (p) Grounded, wrecked, or damaged vessels. In the event a vessel is 

grounded or wrecked in the waterway or is damaged by accident or 

successive mechanical breakdown, the owner, agent, or operator shall 

take prompt action to prevent the vessel from becoming or remaining an 

obstruction to navigation, and such persons shall also respond to such 

instructions as may be issued by the District Engineer to prevent the 

vessel from becoming or remaining a menace to navigation. The lack of 

reasonable response from owner, agent, or operator may be deemed 

sufficient cause for the District Engineer to undertake repair or 

removal of the vessel as he may determine to be in the best interest to 

the Government.

    (q)-(s) [Reserved]

    (t) Pilotage. Any pilot who pilots in the canal shall comply with 

State laws or Coast Guard regulations and must be licensed for this 

waterway by the U.S. Coast Guard.

    (u) Vessels difficult to handle. Vessels which are observed by the 

pilot or master in charge, to be difficult to handle, or which are known 

to have handled badly on previous trips, must transit the canal during 

daylight hours and must have tug assistance. Such vessels



[[Page 40]]



must obtain permission from the dispatcher to enter the canal and must 

be provided with the number of tugs sufficient to afford safe passage. 

Agents must make their own arrangements for tug assistance. Such 

eastbound vessels must clear Reedy Point Bridge, and such westbound 

vessels the Chesapeake City Bridge, before dark.



[37 FR 9670, May 16, 1972, as amended at 42 FR 57961, Nov. 7, 1977; 56 

FR 13765, Apr. 4, 1991]