SUBPART 2.71.-NAVIGABLE WATERS OF THE UNITED STATES-WASHINGTON §2.71-1. Columbia River. The Columbia River in its entirety in the United States. §2.71-5. Ross Lake. Ross Lake. §2.71-10. Sammamish River. The Sammamish River in its entirety, including Sammamish Lake. §2.71-15. Snake River. The Snake River to Guffey Dam Site near Murphy and Melba, Idaho. SUBPART 2.72.-NAVIGABLE WATERS OF THE UNITED STATES-WEST VIRGINIA §2.72-1. New River. The New River to the vicinity of Radford, Virginia. § 2.72-5. Tygart River. The Tygart River to the slack water dam at mile 7. SUBPART 2.73.-NAVIGABLE WATERS OF THE UNITED States-WISCONSIN § 2.73-1. Wisconsin River. The Wisconsin River in its entirety. § 2.73-5. Rock River. Rock River from its mouth to Fort Atkinson, Wisconsin. SUBPART 2.99.-NON-NAVIGABLE WATERS OF THE UNITED STATES §2.99-1. General. (a) The listing of non-navigable waters of the United States in this part does not purport to be a complete listing of those waters. The waters have been so declared in connection with the Coast Guard's determinations of its operational responsibilities. (b) Sections 21-59b of Title 33, U.S. Code, and the notes preceding section 1 of that Title in the United States Code Annotated set forth Acts of Congress and court decisions, respectively, designating specific waters to be non-navigable waters. The Acts of Congress and Federal Court decisions contained in these references are binding upon the Coast Guard. § 2.99-5. Alabama. (a) Cahaba River. $2.99-20. Arkansas. (a) Nimrod Lake. §2.99-25. California. (a) Fallen Leaf Lake. (b) Salton Sea. (c) Shasta Lake. (d) Millerton Lake. §2.99-35. Connecticut. (a) Bantam Lake. §2.99-45. District of Columbia. (a) Chesapeake and Ohio Canal. §2.99-55. Georgia. (a) Allatoona Reservoir. (b) Stone Mountain Lake. 82.99-80. Indiana. (a) White River, West Branch, in Marion County. §2.99-90. Kansas. (a) Neosha River (also known as Grand River). § 2.99-95. Kentucky. (a) Rough River from Mile 29 to its source. (b) Rough River Reservoir. §2.99-100. Louisiana. (a) False River (also known as Fausse River). (b) Lake Providence, in East Carroll Parish. § 2.99-110. Maryland. (a) Chesapeake and Ohio Canal. § 2.99-120. Michigan. (a) Leelanau Lake. (b) Glen Lake. § 2.99-130. Mississippi. § 2.99-140. Montana. (a) North Platte River. § 2.99-160. New Jersey. (a) Lake Hopatcong. §2.99-170. New York. (a) Meadow Lake in Flushing Meadow Park, New York City. §2.99-190. Oklahoma. (a) Neosho River (also known as Grand River) from the upper end of Grand Lake (also known as Lake of the Cherokees) to its source. § 2.99-195. Oregon. (a) Ten Mile Creek including Ten Mile Lake. §2.99-215. South Carolina. (a) Lake Moultrie. (b) Saluda River. §2.99-225. Tennessee. (a) South Fork, Holston River. (b) Wautauga Lake. § 2.99-255. Washington. (a) Chelan River. The portion of the west arm of the South Fork of the South Branch of the Chicago River, as established by the ordinance of the city of Chicago on July 17, 1911, in the southwest quarter of section 32, township 39 north, range 14 east of the third principal meridian, in the city of Chicago, county of Cook, State of Illinois, lying westerly of a straight line drawn from a point in south dock line of the said west arm 203.94 feet westerly of the point of intersection of the south dock line of the said west arm with the west dock line of the east arm of the South Fork of the South Branch of the Chicago River as established by said city of Chicago ordinance of July 17, 1911, measured along the south dock line of said west arm, thence to a point in the north dock line of the said west arm said point being 278 feet westerly of the intersection of the north dock line of the said west arm with the west dock line of the South Fork of the South Branch of the Chicago River as established by said city of Chicago ordinance of July 17, 1911, measured along the north dock line of said west arm of the South Fork of the South Branch of the Chicago River, is declared to be and is on and after September 1, 1959 to be regarded as a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States: Provided, That plans for a suitable bulkhead to retain any fill to be placed in the waterway shall be submitted to and approved by the Corps of Engineers, United States Army, prior to the placing of such fill. (Pub. L. 86-218, Sept. 1, 1959, 73 Stat. 448.) § 53a. Same. The Benton Harbor Canal, from the west line of Ninth Street extended northerly to the west line of Riverview Drive extended northerly in the city of Benton Harbor and State of Michigan, be, and the same is hereby, declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States. (Pub. L. 88-88, § 1, Aug. 5, 1963, 77 Stat. 118.) § 59b. Bayous Terrebonne and LeCarpe, Louisiana. Bayou Terrebonne west of Barrow Street and Bayou LeCarpe west of the Intracoastal Waterway in the city of Houma, State of Louisiana, are declared to be not navigable waters of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. (Pub. L. 86-226, §§ 2, 3, Sept. 8, 1959, 73 Stat. 455.) CODIFICATION Section is comprised of sections 2 and 3 of Pub. L. 86-226. Section 1 of Pub. L. 86-226 was not classified to the Code. § 157a. Regulations for navigation or operation under bridges over navigable waters. (a) Lights, signals, and other navigational means and appliances; departure from rules. The Secretary of the Department in which the Coast Guard is operating may permit vessels desiring to navigate or operate under bridges constructed over navigable waters of the United States to temporarily lower any lights, day signals, or other navigational means and appliances prescribed or required pursuant to law, rule, or regulation, and, if necessary, may authorize vessels so navigating or operating to depart from the rules to prevent collisions as prescribed by law, rule, or regulation. The Secretary of the Department in which the Coast Guard is operating may also prescribe such special regulations to be observed by vessels so navigating or operating as in his judgment the public safety may require for the prevention of collisions. (b) Publication of notice of regulations. Notice of the regulations to accomplish the purposes of this section shall be published in the Federal Register and in the Notice to Mariners, and after the effective date specified in such notices, such regulations shall have the force of law. (c) Penalties. Any person who navigates or operates a vessel in violation of the regulations established pursuant to this section shall be liable to a penalty not exceeding $500. In addition, any vessel navigated or operated in violation of the regulations established pursuant to this section shall be liable to a penalty of $500, for which sum such vessel may be seized and proceeded against, by way of libel, in the district court of the United States for any district within which such vessel may be found. (Pub. L. 88-163, Oct. 30, 1963, 77 Stat. 281.) RULES CONCERNING LIGHTS, ETC. § 180. Lights of vessel at anchor (article 11). (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, and 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 the Army 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 the Army shall deem such change or abolition in the interest 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. (As amended Aug. 5, 1963, Pub. L. 88-84, § 1, 77 Stat. 116.) AMENDMENTS 1963 Subsec. (a). Pub. L. 88-84 designated existing provisions of first sentence of first par. as subsec. (a), added the introductory phrase, eliminated location requirement of the light set at height not exceeding twenty feet above the hull and increased the visibility requirement of the light from one to two miles. Subsec. (b). Pub. L. 88-84 designated existing provisions of second par. as subsec. (b), added the introductory phrase and eliminated location requirement of the forward light set at height not exceeding forty feet above the hull. Subsec. (c). Pub. L. 88-84 designated existing provisions of first and second provisos of first par. as the introductory par. and clause (1), respectively, and added clauses (2) and (3). Pub. L. 88-84 eliminated the third par. deeming the length of a vessel to be the length appearing in her certificate of registry. SOUND SIGNALS FOR FOG, ETC.; SPEED § 191. Sound signals for fog, etc., generally (article 15). All signals prescribed by this section for vessels under way shall be given In fog, mist, falling snow, or heavy rainstorms, whether by day or night, the signals described in this section shall be used as follows, namely: (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 180 (c) of this title: (1) a vessel of not more than sixty-five feet in length; and (2) a barge, canal boat, scow, or other nondescript craft. (As amended Aug. 5, 1963, Pub. L. 88-84, § 2, 77 Stat. 116.) AMENDMENTS 1963-Subd. (d). Pub. L. 88-84 added the exception provision. Chapter 5.-NAVIGATION RULES FOR RED RIVER OF THE NORTH AND RIVERS EMPTYING INTO GULF OF MEXICO AND TRIBUTARIES § 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 the Army 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 the Army 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. (As amended Aug. 5, 1963, Pub. L. 88-84, § 3, 77 Stat. 116.) 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. |