side lights as described in section 312 (a)-(c) of this title, a central range of two white lights, the after light being carried at an elevation higher than the light at the head of the vessel. The headlight shall be so constructed as to show an unbroken light through twenty points of the compass, namely, from right ahead to two points abaft the beam on either side of the vessel, and the after light so as to show all around the horizon. (b) The lights for barges, canal boats, scows, and other vessels of nondescript type, when in tow of steam vessels, and for ferryboats, shall be as prescribed by the Commandant, United States Coast Guard (R. S. § 4233; Mar. 3, 1893, ch. 202, 27 Stat. 557; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. CODIFICATION This rule, derived from R. S. § 4233, was amended by act Mar. 3, 1893, by inserting after the words "ferryboats," in the last sentence, a comma, and the words "barges and canal boats when in tow of steam vessels." See, also, note to section 301 of this title. AMENDMENTS 1948-Act May 21, 1948, amended section generally. CHANGE OF NAME "Commandant of the Coast Guard" was substituted for "board of supervising inspectors of steam vessels" on authority of 1946 Reorg. Plan No. 3 set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1948 AMENDMENT Amendment of section by act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title. TRANSFER OF FUNCTIONS The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties. relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655(b) of Title 49, Transportation. All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. Such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. Similar rules CROSS REFERENCES Navigation rules for Great Lakes and their connecting and tributary waters, see section 256 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 178 (d) of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 315 of this title § 317. Lights of sailing vessels under way and vessels being towed; exceptions (Rule 8). A sailing vessel under way, and any vessel being towed except barges, canal boats, scows, and other vessels of nondescript type when in tow of steam International rules for navigation at sea, see section 1065 of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 255 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 174 of this title. § 318. Lights of small vessels in bad weather (Rule 9). Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. To make the use of these portable lights more certain and easy, they shall each be painted outside with the color of the light they respectively contain, and shall be provided with suitable screens. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) International rules for navigation at sea, see section 1066 of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 257 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 175 of this title. § 319. Lights of overtaken vessels (Rule 10). (a) A vessel when under way, if not otherwise required by these rules to carry one or more lights visible from aft, shall carry at her stern a white light, so constructed that it shall show an unbroken light over an arc of the horizon of twelve points of the compass, so fixed as to show the light six points from right aft on each side of the vessel, and of such a character as to be visible at a distance of at least two miles. Such light shall be carried as nearly as practicable on the same level as the side lights. (b) In a small vessel, if it is not possible on account of bad weather or other sufficient cause for this light to be fixed, an electric torch or a lighted lantern shall be kept at hand ready for use and shall, on the approach of an overtaking vessel, be shown in sufficient time to prevent collision. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Apr. 22, 1940, ch. 128, § 3, 54 Stat. 151; May 21, 1948, ch. 328, § 4, 62 Stat. 250; Aug. 14, 1958, Pub. L. 85-635, § 4, 72 Stat. 591.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. CODIFICATION See note to section 301 of this title. AMENDMENTS 1958-Pub. L. 85-635 substituted provisions requiring all vessels under way, if not otherwise required to carry one or more lights visible from aft, to carry at their stern a fixed white light, for provisions which required vessels being overtaken by another to show from their stern a white light or a flare-up light, and inserted provisions permitting small vessels, in those circumstances where they cannot have a fixed light, to use an electric torch or lighted lantern. 1948-Act May 21, 1948, amended section generally. 1940-Act Apr. 22, 1940, added provisos relating to designation and use of special anchorage areas. EFFECTIVE DATE OF 1948 AMENDMENT Amendment of section by act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title. Similar rules CROSS REFERENCES International rules for navigation at sea, see section 1070 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 179 of this title. § 320. Lights of sailing and steam pilot vessels (Rule 11). (a) Sailing pilot vessels, when engaged on their station on pilotage duty, and not at anchor, shall not show the lights required for other vessels, but shall carry a white light at the masthead, visible all around the horizon, at a distance of at least three miles, and shall also exhibit a flare-up light or flareup lights at short intervals, which shall never exceed ten minutes. On the near approach of or to other vessels they shall have their side lights lighted, ready for use, and shall flash or show them at short intervals to indicate the direction in which they are heading, but the green light shall not be shown on the port side, nor the red light on the starboard side. A sailing pilot vessel of such a class as to be obliged to go alongside of a vessel to put a pilot on board may show the white light instead of carrying it at the masthead, and may, instead of the side lights above mentioned, have at hand, ready for use, a lantern with a green glass on the one side and a red glass on the other, to be used as prescribed above. (b) A steam pilot vessel when engaged on her station on pilotage duty and not at anchor shall, in addition to the lights and flares required for sailing pilot vessels, carry, at a distance of eight feet below her white masthead lights, a red light, visible all around the horizon at a distance of at least three miles, and also the side lights required to be carried by vessels when under way. (c) All pilot vessels, when engaged on their stations on pilotage duty and at anchor, shall carry the lights and show the flares prescribed above, except that the side lights shall not be shown. When not engaged on their stations on pilotage duty they shall carry the same lights as other vessels of their class and tonnage. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 5, 29 Stat. 689; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) International rules for navigation at sea, see section 1068 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 177 of this title. § 321. Lights of motorboats (Rule 12). Motorboats, when not engaged in towing, shall be lighted as provided by the Motorboat Act of April 25, 1940, as amended. When towing, they shall be subject to the same provisions for lighting as other steam vessels towing. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. REFERENCES IN TEXT The Motorboat Act of April 25, 1940, as amended, referred to in text, is classified to sections 526-526s and 526u of Title 46, Shipping. CODIFICATION See note to section 301 of this title. AMENDMENTS 1948-Act May 21, 1948, amended section generally. EFFECTIVE DATE OF 1948 AMENDMENT Amendment of section by act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title. § 322. Lights of vessels at anchor (Rule 13). (a) Except as provided in subsection (c) of this section, a vessel under one hundred and fifty feet in length, when at anchor, shall carry forward, where it can best be seen, a white light in a lantern so constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least two miles. (b) Except as provided in subsection (c) of this section, a vessel of one hundred and fifty feet or upward in length, when at anchor, shall carry in the forward part of the vessel, at a height of not less than twenty feet above the hull, one such light, and at or near the stern of the vessel, at such a height that it shall be not less than fifteen feet lower than the forward light, another such light. (c) The Secretary of Transportation may, after investigation, by rule, regulation, or order, designate such areas as he may deem proper as "special anchorage areas"; such special anchorage areas may from time to time be changed, or abolished, if after investigation the Secretary of Transportation shall deem such change or abolition in the interests of navigation. When anchored within such an area (1) a vessel of not more than sixty-five feet in length shall not be required to carry or exhibit the white light required by this section; (2) a barge, canal boat, scow, or other nondescript craft of one hundred and fifty feet or upward in length may carry and exhibit the single white light prescribed by subsection (a) of this section in lieu of the two white lights prescribed by subsection (b) of this section; and (3) where two or more barges, canal boats, scows, or other nondescript craft are tied together and anchored as a unit, the anchor light prescribed by this section need be displayed only on the vessel having its anchor down. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250; Aug. 5, 1963, Pub. L. 88-84, § 3, 77 Stat. 116.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. CODIFICATION See note to section 301 of this title. AMENDMENTS 1963-Subsec. (a). Pub. L. 88-84 added the introductory phrase and eliminated "and not moored to the bank or wharf," following "at anchor," and the first and second provisos authorizing the designation of special anchorage areas and exempting from the light requirement vessels sixty-five feet or less in length and anchored in such special areas. Such provisos were incorporated in the introductory par. and clause (1) of subsec. (c) of this section, respectively. Subsec. (b). Pub. L. 88-84 added the introductory phrase, required the forward light to be carried at a height of not less than twenty feet above the hull and eliminated "and not moored to the bank or a wharf," following "at anchor,". Subsec. (c). Pub. L. 88-84 redesignated the first and second provisos of former subsec. (a) as the introductory par. and clause (1), respectively, and added clauses (2) and (3). 1948-Act May 21, 1948, amended section generally. EFFECTIVE DATE OF 1948 AMENDMENT Amendment of section by act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title. TRANSFER OF FUNCTIONS Secretary of Transportation was substituted for Secretary of the Army pursuant to Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation and transferred all functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army relating generally to water vessel anchorages under this section to the Secretary of Transportation. See section 1655(g) (1) (D) of Title 49, Transportation. CROSS REFERENCES Establishment, regulation, and marking of anchorage grounds, see sections 471 and 472 of this title. Similar rules International rules for navigation at sea, see section 1071 of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 258 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 180 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 331 of this title. § 323. Lights of warships and Coast Guard cutters; suspension of exhibition (Rule 14). The exhibition of any light on board of a vessel of war of the United States or a Coast Guard cutter may be suspended whenever, in the opinion of the Secretary of the Navy, the commander in chief of a squadron, or the commander of a vessel acting singly, the special character of the service may require it. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. This rule, derived from R. S. § 4233, was amended by act AMENDMENTS 1948-Act May 21, 1948, amended section generally. EFFECTIVE DATE OF 1948 AMENDMENT Amendment of section by act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title. TRANSFER OF FUNCTIONS The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation. All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. CROSS REFERENCES Exemption of certain Navy and Coast Guard vessels from navigation rules concerning lights, see sections 360, 360a, and 1052 of this title. Similar rules Navigation rules for Great Lakes and their connecting and tributary waters, see section 262 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 222 of this title. SOUND SIGNALS FOR FOG, ETC. § 331. Manner of giving signals for vessels under way, in fog or bad weather, or at anchor (Rule 15). All signals prescribed by sections 301 to 352 of this title for vessels under way shall be given By "steam vessels" on the whistle or siren. By sailing vessels and "vessels towed" on the foghorn. A steam vessel shall be provided with an efficient whistle or siren, sounded by steam or by some substitute for steam, so placed that the sound may not be intercepted by any obstruction; also with an efficient bell. A sailing vessel of twenty gross tons or upward shall be provided with a similar bell. In fog, mist, falling snow, heavy rainstorms, or any other condition similarly restricting visibility, whether by day or night, the signals described by this section shall be used as follows, namely: (a) A steam vessel under way and towing another vessel or vessels shall sound, at intervals of not more than one minute, three distinct blasts of the whistle. of approximately equal length. (b) A steam vessel under way without a tow shall sound, at intervals of not more than one minute, three blasts of the whistle, the first two blasts to be approximately of equal length, the last blast to be longer. (c) A steam vessel, with or without a tow, lying to, by which is meant holding her position near or against the bank by using her engines, or temporarily moored to the bank, when a fog signal or other sound is heard indicating the approach of another vessel, shall, if lying to on the right bank, give one tap of the bell to indicate her presence, and if lying to on the left bank, two taps of the bell, at intervals of not more than one minute, such signals to continue until the approaching steam vessel has passed. Right and left bank is understood as facing downstream or with the flow of the current. (d) A vessel when at anchor shall, at intervals of not more than one minute, ring the bell rapidly for about five seconds, except that the following vessels shall not be required to sound this signal when anchored in a special anchorage area established pursuant to section 322 (c) of this title: (1) a vessel of not more than sixty-feet in length; and (2) a barge, canal boat, scow or other nondescript craft. (R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250; Aug. 5, 1963, Pub. L. 88-84, § 4, 77 Stat. 117.) STEERING AND SAILING RULES § 341. Rate of speed in fog or bad weather conditions (Rule 16). Every steam vessel shall, in fog, mist, falling snow, heavy rainstorms, or any other condition similarly restricting visibility, whether by day or night, go at a moderate speed. A steam vessel hearing, apparently forward of her beam, the fog signal of another vessel shall at once reduce her speed to bare steerageway, and navigate with caution until the vessels shall have passed each other. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) International rules for navigation at sea, see section 1077 of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 272 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 192 of this title. § 341a. Ascertainment of risk of collision. Risk of collision can, when circumstances permit, be ascertained by carefully watching the bearing of an approaching vessel. If the bearing does not appreciably change such risk should be deemed to exist. (R.S. § 4233; May 21, 1948, ch. 328, § 4, 62 Stat. 250) AMENDMENTS 1948-Act May 21, 1948, amended R. S. § 4233, by enacting provisions set out in this section. EFFECTIVE DATE OF 1948 AMENDMENT Amendment of section by act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title. Similar rules CROSS REFERENCES International rules for navigation at sea, see section 1078 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 201 of this title. § 342. Sailing vessels approaching one another (Rule 17). When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, namely: (a) A vessel which is running free shall keep out of the way of a vessel which is close-hauled. (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close-hauled on the starboard tack. (c) When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d) When both are running free, with the wind on the same side, the vessel which is to the windward shall keep out of the way of the vessel which is to the leeward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 26 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. CODIFICATION This rule as enacted in the Revised Statutes, read as follows: "Rule 17. When two sail-vesels are crossing so as to involve risk of collision, then, if they have the wind on different sides, the vessel with the wind on the port side shall keep out of the way of the vessel with the wind on the starboard side, except in the case in which the vessel with the wind on the port side is close-hauled, and the other vessel free, in which case the latter vesel shall keep out of the way. But if they have the wind on the same side, or if one of them has the wind aft, the vessel which is to windward shall keep out of the way of the vessel which is to leeward." It was amended by act Mar. 3, 1897, to read as set forth above. See, also, note to section 301 of this title. International rules for navigation at sea, see section 1079 of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 281 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 202 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 348 of this title. § 343. Steam vessels meeting end on; signals (Rule 18). (a) When two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision, except when one steam vessel is ascending and the other descending a river, it shall be the duty of each to pass on the port side of the other, and to alter course to starboard sufficiently so that this can be done in safety. This maneuver shall require an exchange of one-blast signals when the vessels are not less than one-half mile apart, and either vessel shall blow the first signal which the other shall promptly answer. (b) When an ascending steam vessel is approaching a descending steam vessel on a river, the signals for passing shall be one distinct blast of the whistle by each vessel if passing port to port, and two distinct blasts of the whistle if passing starboard to starboard. The pilot of the ascending steam vessel shall give the first signal for passing, which shall promptly be answered by the same signal by the pilot of the descending steam vessel, if safe to do so, and both shall be governed accordingly; but if the pilot of the descending steam vessel deems it dangerous to take the side indicated by the ascending steam vessel, he shall immediately signify that fact by sounding four or more short and rapid blasts, the danger signal, and it shall be the duty of the pilot of the ascending steam vessel to answer by a similar danger signal and the engines of both shall immediately be stopped and backed, if necessary, until signals for passing are given, answered, and understood. After sounding the danger signal by both vessels, the pilot of the descending steam vessel shall indicate by his whistle the side on which he desires to pass, and the pilot of the ascending steam vessel shall govern himself accordingly, the descending steam vessel being entitled to the right-of-way. The pilot of the descending steam vessel shall not blow the first signal, except that if the other vessel has not whistled when the steam vessels, or the forward end of their tows, if being pushed ahead, are within one-half mile of each other, he shall blow the first danger signal, which shall be promptly answered by a danger signal by the ascending vessel; but whether answered or not, the pilot of the descending vessel shall indicate the side on which he desires to pass, and both vessels shall be governed accordingly. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.) DERIVATION Act Apr. 29, 1864, ch. 69, 13 Stat. 58. See note to section 301 of this title. International rules for navigation at sea, see section 1080 of this title. Navigation rules for Great Lakes and their connecting and tributary waters, see section 282 of this title. Navigation rules for harbors, rivers and inland waters generally, see section 203 of this title. § 344. Steam vessels crossing; signals (Rule 19). (a) When two steam vessels are crossing so as to involve risk of collision, other than when one vessel is overtaking another, the vessel which has the other to starboard shall keep out of the way of the other. Either vessel shall give, as a signal of intention to comply with this rule, one distinct blast of her whistle, which the other vessel shall answer with a similar blast: Provided, however, That a steam vessel descending a river and towing another vessel or vessels shall be deemed to have the right-of-way over any steam vessel crossing the river, and shall give as a signal of her intention to hold on across the bow of the other vessel, three distinct blasts of the whistle. The crossing vessel shall immediately reply with a similar signal, and shall keep clear by stopping or going under the stern of the descending vessel. (b) If from any cause the conditions covered by these situations are such as to prevent immediate compliance with each other's signals, the misunder |