section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 17:17:2.0.1.1.27.0.1.1,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,,,,§ 162.1 Purpose and scope.,CFTC,,,,"(a) Purpose. The purpose of this part is to implement various provisions in the Fair Credit Reporting Act, 15 U.S.C. 1681, et seq. (“FCRA”), which provide certain protections to consumer information. (b) Scope. This part applies to certain consumer information held by the entities listed below. This part shall apply to futures commission merchants, retail foreign exchange dealers, commodity trading advisors, commodity pool operators, introducing brokers, major swap participants and swap dealers, regardless of whether they are required to register with the Commission. This part does not apply to foreign futures commission merchants, foreign retail foreign exchange dealers, commodity trading advisors, commodity pool operators, introducing brokers, major swap participants and swap dealers unless such entity registers with the Commission. Nothing in this part modifies limits or supersedes the requirements set forth in part 160 of this title. (c) Examples. The examples in this part are not exclusive. Compliance with an example, to the extent applicable, constitutes compliance with this part. Examples in a section illustrate only the issue described in the section and do not illustrate any other issue that may arise in this part." 17:17:2.0.1.1.27.0.1.2,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,,,,§ 162.2 Definitions.,CFTC,,,,"(a) Affiliate. The term “affiliate” for the purposes of this part means any person that is related by common ownership or common corporate control with a covered affiliate. (b) Clear and conspicuous. The term “clear and conspicuous” means reasonably understandable and designed to call attention to the nature and significance of the information presented in the notice. (c) Common ownership or common corporate control. The term “common ownership or common corporate control” for the purposes of this part means the power to exercise a controlling influence over the management or policies of a company whether through ownership of securities, by contract, or otherwise. Any person who owns beneficially, either directly or through one or more controlled companies, more than 25 percent of the voting securities of any company is presumed to control the company. Any person who does not own more than 25 percent of the voting securities of a company will be presumed not to control the company. (d) Company. The term “company” means any corporation, limited liability company, business trust, general or limited partnership, association, or similar organization. (e) Concise —(1) In general. The term “concise” means a reasonably brief expression or statement. (2) Combination with other required disclosures. A notice required by this part may be concise even if it is combined with other disclosures required or authorized by Federal or state law. (f) Consumer. Except as otherwise provided, the term “consumer” means an individual person. The term consumer does not include market makers, floor brokers, locals, or individual persons whose information is not collected to determine eligibility for personal, family, or household purposes. (g) Consumer information. The term “consumer information” means any record about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report (as defined in section 603(d)(2) of the FCRA). Consumer information also means a compilation of such records. Consumer information does not include information that does not identify individuals, such as aggregate information or blind data. (h) Covered affiliate. The term “covered affiliate” means a futures commission merchant, retail foreign exchange dealer, commodity trading advisor, commodity pool operator, introducing broker, major swap participant or swap dealer, which is subject to the jurisdiction of the Commission. (i) Dispose or Disposal —(1) In general. The terms “dispose” or “disposal” means: (i) The discarding or abandonment of consumer information; or (ii) The sale, donation, or transfer of any medium, including computer equipment, upon which consumer information is stored. (2) Sale, donation, or transfer of consumer information. The sale, donation, or transfer of consumer information is not considered disposal for the purposes of subpart B. (j) Dodd-Frank Act. The term “Dodd-Frank Act” means the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203, 124 Stat. 1376 (2010)). (k) Eligibility information. The term “eligibility information” means any information that would be a consumer report if the exclusions from the definition of “consumer report” in section 603(d)(2)(A) of the FCRA did not apply. Examples of the type of information that would fall within the definition of eligibility information include an affiliate's own transaction or experience information, such as information about a consumer's account history with that affiliate, and other information, such as information from credit bureau reports or applications. Eligibility information does not include aggregate or blind data that does not contain personal identifiers such as account numbers, names, or addresses. (l) FCRA. The term “FCRA” means the Fair Credit Reporting Act (15 U.S.C. 1681 et seq. ). (m) Financial product or service. The term “financial product or service” means any product or service that a futures commission merchant, retail foreign exchange dealer, commodity trading advisor, commodity pool operator, introducing broker, major swap participant or swap dealer could offer that is subject to the Commission's jurisdiction. (n) GLB Act. The term “GLB Act” means the Gramm-Leach-Bliley Act (Pub. L. 106-102, 113 Stat. 1338 (1999)). (o) Major swap participant. The term “major swap participant” has the same meaning as in section 1a(33) of the Commodity Exchange Act, 7 U.S.C. 1 et seq., as may be further defined by this title, and includes any person registered as such thereunder. (p) Person. The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity. (q) Pre-existing business relationship. The term “pre-existing business relationship” means a relationship between a person, or a person's licensed agent, and a consumer based on— (1) A financial contract between the person and the consumer which is in force on the date on which the consumer is sent a solicitation by this part; (2) The purchase, rental, or lease by the consumer of a persons' services or a financial transaction (including holding an active account or policy in force or having another continuing relationship) between the consumer and the person, during the 18-month period immediately preceding the date on which the consumer is sent a solicitation covered by this part; or (3) An inquiry or application by the consumer regarding a financial product or service offered by that person during the three-month period immediately preceding the date on which the consumer is sent a solicitation covered by this part. (r) Solicitation —(1) In general. The term “solicitation” means the marketing of a financial product or service initiated by an affiliate to a particular consumer that is— (i) Based on eligibility information communicated to that covered affiliate by an affiliate that has or previously had the pre-existing business relationship with a consumer as described in this part; and (ii) Intended to encourage the consumer to purchase or obtain such financial product or service. A solicitation does not include marketing communications that are directed at the general public. (2) Examples. Examples of what communications constitute solicitations include communications such as a telemarketing solicitation, direct mail, or e-mail, when those communications are directed to a specific consumer based on eligibility information. A solicitation does not include communications that are directed at the general public without regard to eligibility information, even if those communications are intended to encourage consumers to purchase financial products and services from the affiliate initiating the communications. (s) Swap dealer. The term “swap dealer” has the same meaning as in section 1a(49) of the Commodity Exchange Act, 7 U.S.C. 1 et seq., as may be further defined by this title, and includes any person registered as such thereunder." 17:17:2.0.1.1.27.1.1.1,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,A,Subpart A—Business Affiliate Marketing Rules,,§ 162.3 Affiliate marketing opt out and exceptions.,CFTC,,,,"(a) Initial notice and opt out. A covered affiliate may not use eligibility information about a consumer that the covered affiliate receives from an affiliate with the consumer to make a solicitation for marketing purposes to such consumer unless— (1) It is clearly and conspicuously disclosed to the consumer in writing or if the consumer agrees, electronically, in a concise notice that the person may use shared eligibility information about that consumer received from an affiliate to make solicitations for marketing purposes to such consumer; (2) The consumer is provided a reasonable opportunity and a reasonable and simple method to opt out, or prohibit the covered affiliate from using eligibility information to make solicitations for marketing purposes to the consumer; and (3) The consumer has not opted out. (b) Persons responsible for satisfying the notice requirement. The notice required by this section must be provided: (1) By an affiliate that has or previously had a pre-existing business relationship with a consumer; or (2) As part of a joint notice from two or more members of an affiliated group of companies, provided that at least one of the affiliates on the joint notice has or previously had a pre-existing business relationship with the consumer. (c) Exceptions. These proposed regulations would not apply to the following covered affiliate: (1) A covered affiliate that has a pre-existing business relationship with a consumer; (2) Communications between an employer and employee-consumer (or his or her beneficiary) in connection with an employee benefit plan; (3) A covered affiliate that is currently providing services to the consumer; (4) If the consumer initiated the communication with the covered affiliate by oral, electronic, or written means; (5) If the consumer authorized or requested the covered affiliate's solicitation; or (6) If compliance by a person with these regulations would prevent that person's compliance with state insurance laws pertaining to unfair discrimination. (d) Making solicitations —(1) When a solicitation occurs. A covered affiliate makes a solicitation for marketing purposes if the person— (i) Receives eligibility information from an affiliate; (ii) Uses that eligibility information to do one or more of the following: (A) Identify the consumer or type of consumer to receive a solicitation; (B) Establish criteria used to select the consumer to receive a solicitation about the covered affiliate's financial products or services; or (C) Decide which of the services or contracts to market to the consumer or tailor the solicitation to that consumer; and (iii) As a result of the covered affiliate's use of the eligibility information, the consumer is provided a solicitation. (2) Receipt of eligibility information. A covered affiliate may receive eligibility information from an affiliate in various ways, including when the affiliate places that information into a common database that the covered affiliate may access. (3) Service providers. Except as provided in paragraph (d)(5) of this section, a covered affiliate receives or uses an affiliate's eligibility information if a service provider acting on the covered affiliate's behalf (regardless of whether such service provider is a third party or an affiliate of the covered affiliate) receives or uses that information in the manner described in paragraph (d)(1)(i) or (d)(1)(ii) of this section. All relevant facts and circumstances will determine whether a service provider is acting on behalf of a covered affiliate when it receives or uses an affiliate's eligibility information in connection with marketing the covered affiliate's financial products or services. (4) Use by an affiliate of its own eligibility information. Unless a covered affiliate uses eligibility information that the covered affiliate receives from an affiliate in the manner described in paragraph (d)(2) of this section, the covered affiliate does not make a solicitation subject to this subpart: (i) Uses its own eligibility information that it obtained in connection with a pre-existing business relationship it has or previously had with the consumer to market the covered affiliate's financial products or services to the consumer; or (ii) Directs its service provider to use the affiliate's own eligibility information that it obtained in connection with a pre-existing business relationship it has or previously had with the consumer to market the covered affiliate's financial products or services to the consumer, and the covered affiliate does not communicate directly with the service provider regarding that use. (5) Use of eligibility information by a service provider —(i) In general. A covered affiliate does not make a solicitation subject to this subpart if a service provider (including an affiliated or third-party service provider that maintains or accesses a common database that the covered affiliate may access) receives eligibility information from an affiliate that has or previously had a pre-existing business relationship with the consumer and uses that eligibility information to market the covered affiliate's financial products or services to the consumer, so long as— (A) The affiliate controls access to and use of its eligibility information by the service provider (including the right to establish the specific terms and conditions under which the service provider may use such information to market the covered affiliate's financial products or services); (B) The affiliate establishes specific terms and conditions under which the service provider may access and use such affiliate's eligibility information to market the covered affiliate's financial products and services (or those of affiliates generally) to the consumer, such as the identity of the affiliated companies whose financial products or services may be marketed to the consumer by the service provider, the types of financial products or services of affiliated companies that may be marketed, and the number of times the consumer may receive marketing materials, and periodically evaluates the service provider's compliance with those terms and conditions; (C) The affiliate requires the service provider to implement reasonable policies and procedures designed to ensure that the service provider uses such affiliate's eligibility information in accordance with the terms and conditions established by such affiliate relating to the marketing of the covered affiliate's financial products or services; (D) The affiliate is identified on or with the marketing materials provided to the consumer; and (E) The covered affiliate does not directly use its affiliate's eligibility information in the manner described in paragraph (b)(1)(ii) of this section. (ii) Writing requirements. (A) The requirements of paragraphs (b)(5)(i)(A) and (C) of this section must be set forth in a written agreement between the affiliate that has or previously had a pre-existing business relationship with the consumer and the service provider; and (B) The specific terms and conditions established by the affiliate as provided in paragraph (b)(5)(i)(B) of this section must be set forth in writing. (e) Relation to affiliate-sharing notice and opt out. Nothing in this rulemaking will limit the responsibility of a covered affiliate to comply with the notice and opt-out provisions under other privacy rules under the FCRA, the GLB Act or the CEA." 17:17:2.0.1.1.27.1.1.2,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,A,Subpart A—Business Affiliate Marketing Rules,,§ 162.4 Scope and duration of opt out.,CFTC,,,,"(a) Scope of opt-out election —(1) In general. The consumer's election to opt out prohibits any covered affiliate subject to the scope of the opt-out notice from using eligibility information received from another affiliate to make solicitations to the consumer. (2) Continuing relationship —(i) In general. If the consumer establishes a continuing relationship with a covered affiliate or its affiliate, an opt-out notice may apply to eligibility information obtained in connection with— (A) A single continuing relationship or multiple continuing relationships that the consumer establishes with a covered affiliate or its affiliates, including continuing relationships established subsequent to delivery of the opt-out notice, so long as the notice adequately describes the continuing relationships covered by the opt out; or (B) Any other transaction between the consumer and the covered affiliate or its affiliates as described in the notice. (ii) Examples of a continuing relationship. A consumer has a continuing relationship with a covered affiliate or its affiliate if: (A) The covered affiliate is a futures commission merchant through whom a consumer has opened an account, or that carries the consumer's account on a fully-disclosed basis, or that effects or engages in commodity interest transactions with or for a consumer, even if the covered affiliate does not hold any assets of the consumer; (B) The covered affiliate is an introducing broker that solicits or accepts specific orders for trades; (C) The covered affiliate is a commodity trading advisor with whom a consumer has a contract or subscription, either written or oral, regardless of whether the advice is standardized, or is based on, or tailored to, the commodity interest or cash market positions or other circumstances or characteristics of the particular consumer; (D) The covered affiliate is a commodity pool operator, and accepts or receives from the consumer, funds, securities, or property for the purpose of purchasing an interest in a commodity pool; (E) The covered affiliate is a major swap participant that holds securities or other assets as collateral for a loan made to the consumer, even if the covered affiliate did not make the loan or do not affect any transactions on behalf of the consumer; or (F) The covered affiliate is a swap dealer that regularly effects or engages in swap transactions with or for a consumer even if the covered affiliate does not hold any assets of the consumer. (3) No continuing relationship —(i) In general. If there is no continuing relationship between a consumer and the covered affiliate or its affiliate, and the covered affiliate or its affiliate obtain eligibility information about a consumer in connection with a transaction with the consumer, such as an isolated transaction or a credit application that is denied, an opt-out notice provided to the consumer only applies to eligibility information obtained in connection with that transaction. (ii) Examples of no continuing relationship. A consumer does not have a continuing relationship with a covered affiliate or its affiliate if: (A) The covered affiliate has acted solely as a “finder” for a futures commission merchant, and the covered affiliate does not solicit or accept specific orders for trades; or (B) The covered affiliate has solicited the consumer to participate in a pool or to direct his or her account and he or she has not provided the covered affiliate with funds to participate in a pool or entered into any agreement with the covered affiliate to direct his or her account. (4) Menu of alternatives. A consumer may be given the opportunity to choose from a menu of alternatives when electing to prohibit solicitations, such as by electing to prohibit solicitations from certain types of affiliates covered by the opt-out notice but not other types of affiliates covered by the notice, electing to prohibit solicitations based on certain types of eligibility information but not other types of eligibility information, or electing to prohibit solicitations by certain methods of delivery but not other methods of delivery. However, one of the alternatives must allow the consumer to prohibit all solicitations from all of the affiliates that are covered by the notice. (5) Special rule for a notice following termination of all continuing relationships. A consumer must be given a new opt-out notice if, after all continuing relationships with the covered affiliate or its affiliate(s) are terminated, the consumer subsequently establishes another continuing relationship with the covered affiliate or its affiliate(s) and the consumer's eligibility information is to be used to make a solicitation. The new opt-out notice must apply, at a minimum, to eligibility information obtained in connection with the new continuing relationship. Consistent with paragraph b of this section, the consumer's decision not to opt out after receiving the new opt-out notice would not override a prior opt-out election by the consumer that applies to eligibility information obtained in connection with a terminated relationship, regardless of whether the new opt-out notice applies to eligibility information obtained in connection with the terminated relationship. (b) Duration of opt-out election. An opt-out election must be effective for a period of at least five years beginning when the consumer's opt-out election is received and implemented, unless the consumer subsequently revokes the opt-out election in writing or, if the consumer agrees, electronically. An opt-out election may be established for a period of more than five years or for an indefinite period unless revoked. (c) Time period in which a consumer can opt out. A consumer may opt out at any time. (d) No effect on opt-out period. An opt-out period may not be shortened by sending a renewal notice to the consumer before expiration of the opt-out period, even if the consumer does not renew the opt out." 17:17:2.0.1.1.27.1.1.3,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,A,Subpart A—Business Affiliate Marketing Rules,,§ 162.5 Contents of opt-out notice; consolidated and equivalent notices.,CFTC,,,,"(a) Contents of the opt-out notice —(1) In general. An opt-out notice must be in writing, be clear and conspicuous, as well as concise, and must accurately disclose the following: (i) (A) The name of the affiliate that has or previously had a pre-existing business relationship with a consumer, which is providing the notice; or (B) If jointly provided jointly by multiple affiliates and each affiliate shares a common name, then the notice may indicate that it is being provided by multiple companies with the same name or multiple companies in the same group or family of companies. If the affiliates providing the notice do not share a common name, then the notice must either separately identify each affiliate by name or identify each of the common names used by those affiliates; (ii) The list of affiliates or types of affiliates whose use of eligibility information is covered by the notice, which may include companies that become affiliates after the notice is provided to the consumer; (iii) A general description of the types of eligibility information that may be used to make solicitations to the consumer; (iv) A statement that the consumer may elect to limit the use of eligibility information to make solicitations to the consumer; (v) A statement that the consumer's election will apply for the specified period of time and, if applicable, that the consumer will be allowed to renew the election once that period expires; (vi) If the notice is provided to consumers who have previously elected to opt out, that such consumer does not need to act again until the consumer receives a renewal notice; and (vii) A reasonable and simple method for the consumer to opt out. (2) Specifying length of time period. If consumer is granted an opt-out period longer than a five-year duration, the opt-out notice must specify the length of the opt-out period. (3) No revised notice for extension of opt-out period. The duration of an opt-out period may be increased for a period longer than the period specified in the opt-out notice without having to provide a revised notice of the increase to the consumer. (b) Joint relationships. (1) If two or more consumers jointly obtain a financial product or service, a single opt-out notice may be provided to joint consumers. (2) Any of the joint consumers may exercise the right to opt out on behalf of each joint consumer. (3) The opt-out election notice must explain how an opt-out election by a joint consumer will be treated. That is, the notice should specify whether an opt-out election by a joint consumer will be treated as applying to all of the associated joint consumers, or as applying to each joint consumer separately. (4) If the opt-out election notice provides that each joint consumer is permitted to opt out separately, one of the joint consumers must be permitted to opt out on behalf of all of the joint consumers and the joint consumer must be permitted to exercise his or her separate rights to opt out in a single response. (5) A covered affiliate cannot require all joint consumers to opt out before implementing any opt-out election. (c) Alternative contents. If the consumer is afforded a broader right to opt out of receiving marketing than is required by this subpart, the requirements of this section may be satisfied by providing the consumer with a clear, conspicuous, and concise notice that accurately discloses the consumer's opt-out rights. (d) Coordinated and consolidated consumer notices. A notice required by this subpart may be coordinated and consolidated with any other notice or disclosure required to be issued under any other provision of law by the covered affiliate providing the notice, including but not limited to notices in the FCRA or the GLB Act privacy notices. (e) Equivalent notices. A notice or disclosure that is equivalent to the notice required by this part in terms of content, and that is provided to a consumer together with a notice required by any other provision of law, satisfies the requirements of this section. (f) Model notices. Model notices are provided in appendix A of this part. These notices were meant to facilitate compliance with this subpart; provided, however, that nothing herein shall be interpreted to require persons subject to this part to use the model notices." 17:17:2.0.1.1.27.1.1.4,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,A,Subpart A—Business Affiliate Marketing Rules,,§ 162.6 Reasonable opportunity to opt out.,CFTC,,,,"(a) In general. A covered affiliate must not use eligibility information about a consumer that the covered affiliate receives from an affiliate to make a solicitation to such consumer about the covered affiliate's financial products or services, unless the consumer is provided a reasonable opportunity to opt out, as required by this subpart. (b) Examples. A reasonable opportunity to opt out under this subpart is: (1) If the opt-out notice is mailed to the consumer, the consumer has 30 days from the date the notice is mailed to opt out. (2) If the opt-out notice is sent via electronic means to the consumer, the consumer has 30 days from the date the consumer acknowledges receipt to elect to opt out by any reasonable method. (3) If the opt-out notice is sent via e-mail (where the consumer has agreed to receive disclosures by e-mail), the consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable method. (4) If the opt-out notice provided to the consumer at the time of an electronic transaction, the consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. (5) If the opt-out notice is provided during an in-person transaction, the consumer is required to decide, as a necessary part of completing the transaction, whether to opt out through a simple process. (6) If the opt-out notice is provided in conjunction with other privacy notices required by law, the consumer is allowed to exercise the opt-out election within a reasonable period of time and in the same manner as the opt out under that privacy notice." 17:17:2.0.1.1.27.1.1.5,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,A,Subpart A—Business Affiliate Marketing Rules,,§ 162.7 Reasonable and simple methods of opting out.,CFTC,,,,"(a) In general. A covered affiliate shall be prohibited from using eligibility information about a consumer received from an affiliate to make a solicitation to the consumer about the covered affiliate's financial products or services, unless the consumer is provided a reasonable and simple method to opt out, as required by this subpart. (b) Examples. Reasonable and simple methods of opting out include: (1) Designating a check-off box in a prominent position on an opt-out election form; (2) Including a reply form and a self-addressed envelope (in a mailing); (3) Providing an electronic means, if the consumer agrees, that can be electronically mailed or processed through an Internet Web site; (4) Providing a toll-free telephone number; or (5) Exercising an opt-out election through whatever means are acceptable under a consolidated privacy notice required under other laws. (c) Specific opt-out method. Each consumer may be required to opt out through a specific method, as long as that method is acceptable under this subpart." 17:17:2.0.1.1.27.1.1.6,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,A,Subpart A—Business Affiliate Marketing Rules,,§ 162.8 Acceptable delivery methods of opt-out notices.,CFTC,,,,"(a) In general. The opt-out notice must be provided so that each consumer can reasonably be expected to receive actual notice. (b) Electronic notices. For opt-out notices provided electronically, the notice may be provided in compliance with either the electronic disclosure provisions in § 1.4 of this title or the provisions in section 101 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq." 17:17:2.0.1.1.27.1.1.7,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,A,Subpart A—Business Affiliate Marketing Rules,,§ 162.9 Renewal of opt out.,CFTC,,,,"(a) Renewal notice and opt-out requirement —(1) In general. Since the FCRA provides that opt-out elections can expire in a period of no less than five years, an affiliate that has or previously had a pre-existing business relationship with a consumer must provide a renewal notice to the consumer after such time in order to allow its affiliates to make solicitations. After the opt-out election period expires, its affiliates may make solicitations unless: (i) The consumer has been given a renewal notice that complies with the requirements of this section and §§ 162.6 through 162.8 of this subpart, and a reasonable opportunity and a reasonable and simple method to renew the opt-out election, and the consumer does not renew the opt out; or (ii) An exception in Sec. 162.3(c) of this subpart applies. (2) Renewal period. Each opt-out renewal must be effective for a period of at least five years as provided in § 162.4(b) of this subpart. (3) Affiliates who may provide the renewal notice. The notice required by this paragraph must be provided: (i) By the affiliate that provided the previous opt-out notice, or its successor; or (ii) As part of a joint renewal notice from two or more members of an affiliated group of companies, or their successors, that jointly provided the previous opt-out notice. (b) Contents of renewal or extension notice. The contents of the renewal notice must include all of the same contents of the initial notices, but also must include: (1) A statement that the consumer previously elected to limit the use of certain information to make solicitations to the consumer; (2) A statement that the consumer may elect to renew the consumer's previous election; and (3) If applicable, a statement that the consumer's election to renew will apply for a specified period of time stated in the notice and that the consumer will be allowed to renew the election once that period expires. (c) Timing of renewal notice. Renewal notices must be provided in a reasonable period of time before the expiration of the opt-out election period or any time after the expiration of the opt-out period, but before solicitations that would have been prohibited by the expired opt-out election are made to the consumer. (d) No effect on opt-out period. An opt-out period may not be shortened by sending a renewal notice to the consumer before the expiration of the opt-out period, even if the consumer does not renew the opt-out election." 17:17:2.0.1.1.27.1.1.8,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,A,Subpart A—Business Affiliate Marketing Rules,,§§ 162.10-162.20 [Reserved],CFTC,,,, 17:17:2.0.1.1.27.2.1.1,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,B,Subpart B—Disposal Rules,,§ 162.21 Proper disposal of consumer information.,CFTC,,,"[66 FR 21252, Apr. 27, 2001, as amended at 89 FR 71820, Sept. 4, 2024]","(a) In general. Any covered affiliate must adopt must adopt reasonable, written policies and procedures that address administrative, technical, and physical safeguards for the protection of consumer information. These written policies and procedures must be reasonably designed to: (1) Ensure the security and confidentiality of consumer information; (2) Protect against any anticipated threats or hazards to the security or integrity of consumer information; and (3) Protect against unauthorized access to or use of consumer information that could result in substantial harm or inconvenience to any consumer. (b) Standard. Any covered affiliate under this part who maintains or otherwise possesses consumer information for a business purpose must properly dispose of such information by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal. (c) Examples. The following examples are “reasonable” disposal measures for the purposes of this subpart— (1) Implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, or shredding of papers containing consumer information so that the information cannot practicably be read or reconstructed; (2) Implementing and monitoring compliance with policies and procedures that require the destruction or erasure of electronic media containing consumer information so that the information cannot practically be read or reconstructed; and (3) After due diligence, entering into and monitoring compliance with a written contract with another party engaged in the business of record destruction to dispose of consumer information in a manner that is consistent with this rule. (d) Relation to other laws. Nothing in this section shall be construed: (1) To require a person to maintain or destroy any record pertaining to a consumer that is imposed under Sec. 1.31 or any other provision of law; or (2) To alter or affect any requirement imposed under any other provision of law to maintain or destroy such a record." 17:17:2.0.1.1.27.3.1.1,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,C,Subpart C—Identity Theft Red Flags,,"§ 162.30 Duties regarding the detection, prevention, and mitigation of identity theft.",CFTC,,,,"(a) Scope of this subpart. This section applies to financial institutions or creditors that are subject to administrative enforcement of the FCRA by the Commission pursuant to Sec. 621(b)(1) of the FCRA, 15 U.S.C. 1681s(b)(1). (b) Special definitions for this subpart. For purposes of this section, and appendix B to this part, the following definitions apply: (1) Account means a continuing relationship established by a person with a financial institution or creditor to obtain a product or service for personal, family, household or business purposes. Account includes an extension of credit, such as the purchase of property or services involving a deferred payment. (2) The term board of directors includes: (i) In the case of a branch or agency of a foreign bank, the managing official in charge of the branch or agency; and (ii) In the case of any other creditor that does not have a board of directors, a designated senior management employee. (3) Covered account means: (i) An account that a financial institution or creditor offers or maintains, primarily for personal, family, or household purposes, that involves or is designed to permit multiple payments or transactions, such as a margin account; and (ii) Any other account that the financial institution or creditor offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, compliance, reputation, or litigation risks. (4) Credit has the same meaning in Sec. 603(r)(5) of the FCRA, 15 U.S.C. 1681a(r)(5). (5) Creditor has the same meaning as in 15 U.S.C. 1681m(e)(4), and includes any futures commission merchant, retail foreign exchange dealer, commodity trading advisor, commodity pool operator, introducing broker, swap dealer, or major swap participant that regularly extends, renews, or continues credit; regularly arranges for the extension, renewal, or continuation of credit; or in acting as an assignee of an original creditor, participates in the decision to extend, renew, or continue credit. (6) Customer means a person that has a covered account with a financial institution or creditor. (7) Financial institution has the same meaning as in 15 U.S.C. 1681a(t) and includes any futures commission merchant, retail foreign exchange dealer, commodity trading advisor, commodity pool operator, introducing broker, swap dealer, or major swap participant that directly or indirectly holds a transaction account belonging to a consumer. (8) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any— (i) Name, Social Security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number; (ii) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; (iii) Unique electronic identification number, address, or routing code; or (iv) Telecommunication identifying information or access device (as defined in 18 U.S.C. 1029(e)). (9) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. (10) Red Flag means a pattern, practice, or specific activity that indicates the possible existence of identity theft. (11) Service provider means a person that provides a service directly to the financial institution or creditor. (c) Periodic identification of covered accounts. Each financial institution or creditor must periodically determine whether it offers or maintains covered accounts. As a part of this determination, a financial institution or creditor shall conduct a risk assessment to determine whether it offers or maintains covered accounts described in paragraph (b)(3)(ii) of this section, taking into consideration: (1) The methods it provides to open its accounts; (2) The methods it provides to access its accounts; and (3) Its previous experiences with identity theft. (d) Establishment of an Identity Theft Prevention Program —(1) Program requirement. Each financial institution or creditor that offers or maintains one or more covered accounts must develop and implement a written Identity Theft Prevention Program that is designed to detect, prevent, and mitigate identity theft in connection with the opening of a covered account or any existing covered account. The Identity Theft Prevention Program must be appropriate to the size and complexity of the financial institution or creditor and the nature and scope of its activities. (2) Elements of the Identity Theft Prevention Program. The Identity Theft Prevention Program must include reasonable policies and procedures to: (i) Identify relevant Red Flags for the covered accounts that the financial institution or creditor offers or maintains, and incorporate those Red Flags into its Identity Theft Prevention Program; (ii) Detect Red Flags that have been incorporated into the Identity Theft Prevention Program of the financial institution or creditor; (iii) Respond appropriately to any Red Flags that are detected pursuant to paragraph (d)(2)(ii) of this section to prevent and mitigate identity theft; and (iv) Ensure the Identity Theft Prevention Program (including the Red Flags determined to be relevant) is updated periodically, to reflect changes in risks to customers and to the safety and soundness of the financial institution or creditor from identity theft. (e) Administration of the Identity Theft Prevention Program. Each financial institution or creditor that is required to implement an Identity Theft Prevention Program must provide for the continued administration of the Identity Theft Prevention Program and must: (1) Obtain approval of the initial written Identity Theft Prevention Program from either its board of directors or an appropriate committee of the board of directors; (2) Involve the board of directors, an appropriate committee thereof, or a designated employee at the level of senior management in the oversight, development, implementation and administration of the Identity Theft Prevention Program; (3) Train staff, as necessary, to effectively implement the Identity Theft Prevention Program; and (4) Exercise appropriate and effective oversight of service provider arrangements. (f) Guidelines. Each financial institution or creditor that is required to implement an Identity Theft Prevention Program must consider the guidelines in appendix B of this part and include in its Identity Theft Prevention Program those guidelines that are appropriate." 17:17:2.0.1.1.27.3.1.2,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,C,Subpart C—Identity Theft Red Flags,,§ 162.31 [Reserved],CFTC,,,, 17:17:2.0.1.1.27.3.1.3,17,Commodity and Securities Exchanges,I,,162,PART 162—PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT,C,Subpart C—Identity Theft Red Flags,,§ 162.32 Duties of card issuers regarding changes of address.,CFTC,,,,"(a) Scope. This section applies to a person described in § 162.30(a) that issues a debit or credit card (card issuer). (b) Definition of cardholder. For purposes of this section, a cardholder means a consumer who has been issued a credit or debit card. (c) Address validation requirements. A card issuer must establish and implement reasonable policies and procedures to assess the validity of a change of address if it receives notification of a change of address for a consumer's debit or credit card account and, within a short period of time afterwards (during at least the first 30 days after it receives such notification), the card issuer receives a request for an additional or replacement card for the same account. Under these circumstances, the card issuer may not issue an additional or replacement card, until, in accordance with its reasonable policies and procedures and for the purpose of assessing the validity of the change of address, the card issuer: (1)(i) Notifies the cardholder of the request: (A) At the cardholder's former address; or (B) By any other means of communication that the card issuer and the cardholder have previously agreed to use; and (ii) Provides to the cardholder a reasonable means of promptly reporting incorrect address changes; or (2) Otherwise assesses the validity of the change of address in accordance with the policies and procedures the card issuer has established pursuant to § 162.30. (d) Alternative timing of address validation. A card issuer may satisfy the requirements of paragraph (c) of this section if it validates an address pursuant to the methods in paragraph (c)(1) or (c)(2) of this section when it receives an address change notification, before it receives a request for an additional or replacement card. (e) Form of notice. Any written or electronic notice that the card issuer provides under this paragraph must be clear and conspicuous and provided separately from its regular correspondence with the cardholder." 33:33:2.0.1.6.29.0.199.1,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.1 General.,USCG,,,"[CGD 86-082, 52 FR 33811, Sept. 8, 1987]","Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used." 33:33:2.0.1.6.29.0.199.10,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.80 Mississippi River below mouth of Ohio River, including South and Southwest passes.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-028, 46 FR 49851, Oct. 8, 1981; CGD8 87-09, 53 FR 15555, May 2, 1988; USCG-2020-0304; 85 FR 58280, Sept. 18, 2020]","(a) Mooring on the Mississippi River between miles 311.5 AHP and 340.0 AHP. (1) No vessel or craft shall moor along either bank of the Mississippi River between miles 311.5 AHP and mile 340.0 AHP except in case of an emergency, pursuant to an approved navigation permit, or as authorized by the District Commander. Vessels may be moored any place outside the navigation channel in this reach in case of an emergency and then for only the minimum time required to terminate the emergency. When so moored, all vessels shall be securely tied with bow and stern lines of sufficient strength and fastenings to withstand currents, winds, wave action, suction from passing vessels or any other forces which might cause the vessels to break their moorings. When vessels are so moored, a guard shall be on board at all times to ensure that proper signals are displayed and that the vessels are securely and adequately moored. (2) Vessels may be moored any time at facilities constructed in accordance with an approved navigation permit or as authorized by the District Commander. When so moored, each vessel shall have sufficient fastenings to prevent the vessels from breaking loose by wind, current, wave action, suction from passing vessels or any other forces which might cause the vessel to break its mooring. The number of vessels in one fleet and the width of the fleet of vessels tied abreast shall not extend into the fairway or be greater than allowed under the permit. (3) Mariners should report immediately by radio or fastest available means to the lockmaster at Old River Lock or to any government patrol or survey boat in the vicinity any emergency mooring or vessels drifting uncontrolled within the area described in paragraph (a)(1) of this section. It is the responsibility and duty of the master of a towing vessel releasing or mooring a vessel in this reach of the Mississippi River to report such action immediately. (b) Mooring on Mississippi River below Baton Rouge, La., including South and Southwest Passes. (1) When tied up individually or in fleets, vessels shall be moored with sufficient lines and shore fastenings to insure their remaining in place and withstanding the action of winds, currents and the suction of passing vessels. The Corps of Engineers also has regulations dealing with this section in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.11,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.85 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at Kleinston Landing to Fisher Street; navigation.",USCG,,,,"(a) Speed. Excessive speeding is prohibited. A vessel shall reduce its speed sufficiently to prevent any damage when approaching another vessel in motion or tied up, a wharf or other structure, works under construction, plant engaged in river and harbor improvement, levees, floodwalls withstanding floodwaters, buildings submerged or partially submerged by high waters, or any other structure or improvement likely to be damaged by collision, suction, or wave action. The Corps of Engineers also has regulations dealing with this section in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.12,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.90 White River, Arkansas Post Canal, Arkansas River, and Verdigris River between Mississippi River, Ark., and Catoosa, Okla.; use, administration, and navigation.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2008-0179, 73 FR 35016, June 19, 2008; USCG-2015-0433, 80 FR 44282, July 27, 2015]","(a) The regulations in this section shall apply to: (1) Waterways. White River between Mississippi River and Arkansas Post Canal, Ark.; Arkansas Post Canal, Ark.; Arkansas River between Arkansas Post Canal, Ark., and Verdigris River, Okla.; Verdigris River between Arkansas River and Catoosa, Okla.; and reservoirs on these waterways between Mississippi River Ark., and Catoosa, Okla. (2) Bridges, wharves and other structures. All bridges, wharves, and other structures in or over the waterways described in paragraph (a)(1) of this section. (3) Vessels and rafts. The term “vessels” as used in this section includes every description of watercraft used, or capable of being used, as a means of transportation on water, other than rafts. (b) Waterways: (1) Fairway. A clear channel shall at all times be left open to permit free and unobstructed navigation by all types of vessels and rafts that normally use the various waterways or sections thereof. The District Commander may specify the width of the fairway required in the waterways under his charge. (2) Anchoring or mooring in waterway. (i) No vessels or rafts shall anchor or moor in any of the land cuts or other narrow parts of the waterway, except in an emergency. Whenever it becomes necessary for a vessel or raft to stop in any such portions of the waterway, it shall be securely fastened to one bank and as close to the bank as possible. This shall be done only at such a place and under such conditions as will not obstruct or prevent the passage of other vessels or rafts. Stoppages shall be only for such periods as may be necessary. (ii) Except temporarily, as authorized in paragraph (b)(2)(i) of this section, no vessel or raft will be allowed to use any portion of the fairway as a mooring place without written permission from the District Commander. (iii) When tied up individually, all vessels shall be moored by bow and stern lines. Rafts and tows shall be secured at sufficiently close intervals to insure their not being drawn away from the bank by winds, currents, or the suction of passing vessels. Towlines shall be shortened so that the different parts of the tow will be as close together as possible. In narrow sections, no vessel or raft shall be tied abreast of another if the combined width of vessels or rafts is greater than 70 feet. (iv) When a vessel is moored under an emergency condition, as provided in paragraph (b)(2)(i) of this section, at least one crew member shall remain in attendance to display proper lights and signals and tend the mooring lines. The crew member shall be provided with an adequate means of communication or signalling a warning in the event that, for any reason, the vessel or tow should go adrift. Immediately after completion of the emergency mooring, the lockmaster of the first lock downstream shall be notified of the character and cargo of the vessel and the location of such mooring. (v) Vessels will not be permitted to load or unload in any of the land cuts, except at a regular established landing or wharf, without written permission secured in advance from the District Commander. (vi) Except in an emergency, no vessel or raft shall anchor over revetted banks of the waterway, nor shall any type vessel except launches and other small craft land against banks protected by revetment except at regular commercial landings. (3) Speed. (i) Excessive speed in narrow sections is prohibited. Official signs indicating limiting speeds through critical sections shall be strictly obeyed. (ii) When approaching and passing through a bridge, all vessels and rafts, regardless of size, shall control their speed so as to insure that no damage will be done to the bridge or its fenders. (iii) Within the last mile of approach to unattended, normally open automatic, movable span bridges, the factor of river flow velocity, of vessel (and tow) velocity, and of vessel power and crew capability are never to be permitted to result in a condition whereby the movement of vessel (and tow) cannot be completely halted or reversed within a 3-minute period. (iv) A vessel shall reduce its speed sufficiently to prevent any damage when approaching another vessel in motion or tied up, a wharf or other structure, works under construction, plant engaged in river and harbor improvement, levees withstanding floodwaters, buildings submerged or partially submerged by high waters, or any other manner of structure or improvements likely to be damaged by collision, suction, or wave action. (4) Assembly and handling of tows. (i) All vessels drawing tows not equipped with rudders in restricted channels and land cuts shall use two towlines, or a bridle on one towline, shortened to the greatest possible extent so as to have maximum control at all times. The various parts of a tow shall be securely assembled with the individual units connected by lines as short as practicable. In open water, the towlines and fastenings between barges may be lengthened so as to accommodate the wave surge. In the case of length or cumbersome tows, or tows in restricted channels, the District Commander may require that tows be broken up, and may require the installation of a rudder or other approved steering device on the tow in order to avoid obstructing navigation or damaging the property of others. Pushing barges with towing vessel astern, towing barges with towing vessel alongside, or pushing and pulling barges with units of the tow made up both ahead and astern of the towing vessel is permissible provided that adequate power is employed to keep the tow under full control at all times. (ii) No tow shall be drawn by a vessel that has insufficient power or crew to permit ready maneuverability and safe handling. (iii) No vessel or tow shall navigate through a drawbridge until the movable span is fully opened. (5) Projections from vessels. No vessels carrying a deck load which overhangs or projects over the side, or whose rigging projects over the side, so as to endanger passing vessels, wharves, or other property, shall enter or pass through any of the narrow parts of the waterway. (6) Meeting and passing. Vessels on meeting or overtaking shall give the proper signals and pass in accordance with the Inland Navigation Rules (33 CFR Subchapter E). Rafts shall give to vessels the side demanded by proper signal. All vessels approaching dredges or other plant engaged on improvements to a waterway shall give the signal for passing and slow down sufficiently to stop if so ordered or if no answering signal is received. On receiving the answering signal, they shall then pass at a speed sufficiently slow to insure safe navigation. Vessels approaching an intersection or bend where the view is obstructed must exercise due caution. At certain intersections where strong currents may be encountered, sailing directions may be issued from time to time through navigation bulletins or signs posted on each side of the intersections which must be observed. The Corps of Engineers also has regulations dealing with this section in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.13,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.100 Ohio River at Louisville, KY.",USCG,,,"[CGD 90-020, 59 FR 36333, July 15, 1994]","(a) Emergency Mooring Buoys. The U.S. Army Corp of Engineers has established four pairs of emergency mooring bouys. Each buoy is 10 feet in diameter with retro-reflective sides. The two buoys which comprise each pair are 585 feet apart and are located approximately at: (1) Indiana Bank—Mile 582.3 (near 18 Mile Island); (2) Six Mile Island—Mile 597.5; (3) Six Mile Island—Mile 598.2; and (4) Kentucky Bank—Mile 599.8 (Cox's Park). All buoys, except those at Six Mile Island—Mile 598.2, are removed between May 1 and September 30. Due to the close proximity of the municipal water intakes, mooring of tank vessels laden with petroleum products or hazardous materials is not authorized on the Kentucky Bank, Mile 599.8 (Cox's Park). (b) The regulations. A vessel must not use the emergency mooring buoys that have been established by the U.S. Army Corps of Engineers, unless specifically authorized. The Captain of the Port, upon request, may authorize the use of the emergency mooring buoys by downbound towing vessels that are awaiting Vessel Traffic Center approval to proceed." 33:33:2.0.1.6.29.0.199.14,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.105 Missouri River; administration and navigation.,USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-1998-3799, 63 FR 35532, June 30, 1998]","(a) Supervision. The District Commander, USCG Heartland District, has certain administrative supervision overreaches of the river within the limits of his district and is charged with the enforcement under his direction of emergency regulations to govern navigation on the river. (b) Navigation. During critical flood stages on any particular limited reach of the Missouri River when lives, floating plant, or major shore installations and levees are endangered, the District Commander in charge of the locality shall have the authority to declare the reach of the river closed to navigation or to prescribe temporary speed regulations whenever it appears to him that such action is necessary to prevent immediate human suffering or to mitigate major property damage or destruction from wave action. The period of closure and all speed regulations prescribed by the District Commander shall be for the duration of the emergency as determined by the District Commander and shall be terminated at the earliest practicable time that improved river conditions permit." 33:33:2.0.1.6.29.0.199.15,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.110 Duluth-Superior Harbor, Minnesota and Wisconsin.",USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981]","(a) No vessel greater than 100 feet in length may exceed 8 miles per hour in Duluth-Superior Harbor. (b) In the Duluth Ship Canal: (1) No vessel may meet or overtake another vessel if each vessel is greater than 150 feet in length (including tug and tow combinations). (2) An inbound vessel has the right of way over an outbound vessel." 33:33:2.0.1.6.29.0.199.16,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.115 Keweenaw Waterway, Mich.",USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981, as amended by CGD 09-00-010, 65 FR 53595, Sept. 5, 2000]",No vessel greater than 40 feet in length may exceed 8 miles per hour between Lily Pond and Pilgrim Point. 33:33:2.0.1.6.29.0.199.17,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.117 St. Marys River, Sault Ste. Marie, Michigan.",USCG,,,"[CGD 90-020, 59 FR 36333, July 15, 1994, as amended by CGD 95-033, 60 FR 28333, May 31, 1995; USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-2003-15404, 68 FR 37741, June 25, 2003]","(a) The area. The waters of the St. Marys River and lower Whitefish Bay from 45°57′ N. (De Tour Reef Light) to the south, to 46°38.7′ N. (Ile Parisienne Light) to the north, except the waters of the St. Marys Falls Canal, and to the east along a line from La Pointe to Sims Point, within Potagannissing Bay and Worsley Bay. (b) Definitions. As used in this section: Two-way route means a directional route within defined limits inside which two-way traffic is established, and which is intended to improve safety in waters where navigation is difficult. Two-way traffic means that traffic flow is permitted in opposing directions, but a vessel may not meet, cross, nor overtake any other vessel in such a manner that it would be abreast of more than one other vessel within the defined limits of a waterway. (c) Anchoring Rules. (1) A vessel must not anchor: (i) within the waters between Brush Point and the waterworks intake crib off Big Point southward of the Point Aux Pins range; or (ii) within 0.2 nautical miles of the intake crib off Big Point. (2) In an emergency, vessels may anchor in a dredged channel. Vessels shall anchor as near to the edge of the channel as possible and shall get underway as soon as the emergency ceases, unless otherwise directed. Vessel Traffic Services St. Marys River must be advised of any emergency anchoring as soon as is practicable. (3) Vessels collected in any part of the VTS Area by reason of temporary closure of a channel or an impediment to navigation shall get underway and depart in the order in which they arrived, unless otherwise directed by Vessel Traffic Service St. Marys River. Vessel Traffic Service St. Marys River may advance any vessel in the order of departure to expedite the movement of mails, passengers, cargo of a perishable nature, to facilitate passage of vessels through any channel by reason of special circumstance, or to facilitate passage through the St. Marys Falls Canal. (d) Traffic Rules. (1) A vessel must proceed only in the established direction of traffic flow in the following waters: (i) West Neebish Channel from Buoy “53” to Buoy “1”—downbound traffic only; (ii) Pipe Island Course from Sweets Point to Watson Reefs Light-downbound traffic only. (iii) Middle Neebish Channel from Buoy “2” to Buoy “76”—upbound traffic only; and (iv) Pipe Island Passage to the east of Pipe Island Shoal and north of Pipe Island Twins from Watson Reefs Light to Sweets Point—upbound traffic only. (2) A vessel 350 feet or more in length must not overtake or approach within .2 nautical miles of another vessel proceeding in the same direction in the following waterways: (i) West Neebish Channel between Nine Mile Point and Munuscong Lake Junction Lighted Bell Buoy; (ii) Middle Neebish Channel between Munuscong Lake Junction Lighted Bell Buoy and Nine Mile Point; and (iii) Little Rapids Cut from Six Mile Point to Buoy “102”. (3) When two-way traffic is authorized in Middle Neebish Channel, a vessel 350 feet or more in length must not meet, cross, or overtake another vessel at: (i) Johnson Point from Buoy “18” to Buoy “22”; (ii) Mirre Point from Buoy “26” to Buoy “28”; or (iii) Stribling Point from Buoy “39” to Buoy “43”. (4) Paragraph (d)(2) of this section does not apply to a vessel navigating through an ice field. (e) Winter Navigation. During the winter navigation season, the following waterways are normally closed: (1) West Neebish Channel, from Buoy “53” to Buoy “1”; (2) Pipe Island Passage to the east of Pipe Island Shoal; and (3) North of Pipe Island Twins, from Watson Reef Light to Sweets Point. (f) Alternate Winter Navigation Routes. (1) When West Neebish Channel is closed, Middle Neebish Channel (from Buoy “2” to Buoy “76”) will be open either as a two-way route or an alternating one way traffic lane. (i) When Middle Neebish Channel is a two-way route: (A) An upbound vessel must use the easterly 197 feet of the channel. However, a vessel of draft 20 feet or more must not proceed prior to Vessel Traffic Center approval; and (B) A downbound vessel must use the westerly 295 feet of the channel. (ii) When Middle Neebish Channel is an alternating one-way traffic lane. A vessel must use the westerly 295 feet of the channel in the established direction of traffic flow. (2) When Pipe Island Passage is closed, Pipe Island Course is a two-way route. The Vessel Traffic Service closes or opens these channels as ice conditions require after giving due consideration to the protection of the marine environment, waterway improvements, aids to navigation, the need for cross channel traffic (e.g., ferries), the availability of icebreakers, and the safety of the island residents who, in the course of their daily business, must use naturally formed ice bridges for transportation to and from the mainland. Under normal seasonal conditions, only one closing each winter and one opening each spring are anticipated. Prior to closing or opening these channels, interested parties including both shipping entities and island residents, will be given at least 72 hours notice by the Coast Guard. (g) Speed Rules. (1) The following speed limits indicate speed over the ground. Vessels must adhere to the following speed limits: Table 162.117( g )—St. Marys River Speed Rules Note: A vessel must not navigate any dredged channel at a speed of less than 5 statute miles per hour (4.3 knots). (2) Temporary speed limit regulations may be established by Commanding Officer Vessel Traffic Service St. Marys River. Notice of the temporary speed limits and their effective dates and termination are published in the Federal Register and Local Notice to Mariners. These temporary speed limits, if imposed, will normally be placed in effect and terminated during the winter navigation season. (h) Towing Requirement. A towing vessel must: (1) Maintain positive control of its tow south of Gros Cap Reef Light; (2) Not impede the passage of any other vessel; (3) Not tow a vessel of 200 feet or less in length with a tow line longer than 250 feet; and (4) Not tow a vessel of 200 feet or more in length with a tow line longer than the length of the towed vessel plus 50 feet." 33:33:2.0.1.6.29.0.199.18,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.120 Harbors on Lake Michigan.,USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981, as amended by USCG-2012-0306, 77 FR 37315, June 21, 2012]","(a) No vessel greater than 40 feet in length may exceed 8 miles per hour in the harbors of Michigan City, Indiana; St. Joseph, South Haven, Saugatuck, Holland (Lake Macatawa), Grand Haven, Muskegon, White Lake, Pentwater, Ludington, Manistee, Portage Lake (Manistee County), Frankfort, Charlevoix, and Petoskey, Michigan. (b) No vessel greater than 40 feet in length may exceed 4 miles per hour in the harbors of Menominee, Michigan and Wisconsin; Algoma, Kewaunee, Two Rivers, Manitowac, Sheboygan, Port Washington, Milwaukee, Racine, Kenosha and Green Bay, Wisconsin; and Waukegan, Illinois." 33:33:2.0.1.6.29.0.199.19,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.125 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisc.",USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981]","(a) In the Sturgeon Bay Ship Canal: (1) No vessel may exceed 5 miles per hour. (2) No vessel greater than 150 feet in length (including tug and tow combinations) may come about. (3) No vessel 65 feet or greater in length (including tug and tow combinations) may either: (i) Enter or pass through the canal two or more abreast; or (ii) Overtake another vessel. (4) No vessel may anchor or moor unless given permission to do so by the Captain of the Port. (5) Each vessel must keep to the center, except when meeting or overtaking another vessel. (b) In Sturgeon Bay and the Sturgeon Bay Ship Canal: (1) Each laden vessel under tow must be towed with at least two towlines. Each towline must be shortened to the extent necessary to provide maximum control of the tow. (2) Each unladen vessel may be towed with one towline. (3) No towline may exceed 100 feet in length. (4) No vessel may tow another vessel alongside. (5) No vessel may tow a raft greater than 50 feet in width. The Corps of Engineers also has regulations dealing with these areas in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.2,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.5 Definitions.,USCG,,,"[USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]","The following definition applies to this part: Merchant mariner credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner's document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner's qualification document, certificate of identification, and certificate of service." 33:33:2.0.1.6.29.0.199.20,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.130 Connecting waters from Lake Huron to Lake Erie; general rules.,USCG,,,"[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as amended by CGD 85-060, 51 FR 17016, May 8, 1986; CGD 93-024, 58 FR 59365, Nov. 9, 1993; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]","(a) Purpose. The regulations in §§ 162.130 through 162.140 prescribe rules for vessel operation in U.S. waters connecting Lake Huron to Lake Erie (including the River Rouge) to prevent collisions and groundings, to protect waterway improvements, and to protect these waters from environmental harm resulting from collisions and groundings. The Canadian Government has issued similar regulations which apply in the Canadian portion of the waterway. Provisions which apply only in Canadian waters are noted throughout the text. (b) Applicability. (1) Unless otherwise specified, the rules in §§ 162.130 through 162.140 apply to all U.S. vessels and all other vessels in U.S. waters. (2) The speed rules in § 162.138 apply to vessels 20 meters or more in length. (3) The communication rules in § 162.132, the traffic rules in § 162.134, except for § 162.134(c)(2), and the anchorage rules in § 162.136 apply to the following vessels: (i) Vessels of 20 meters or more in length; (ii) Commercial vessels more than 8 meters in length engaged in towing another vessel astern, alongside, or by pushing ahead; and (iii) Each dredge and floating plant. (4) The traffic rules contained in § 162.134(c)(2) apply to the following vessels: (i) Sailing vessels of 20 meters or more in length; (ii) Power driven vessels of 55 meters or more in length; (iii) Vessels engaged in towing another vessel astern, alongside or by pushing ahead; and (iv) Each dredge and floating plant. (c) Definitions. As used in §§ 162.130 through 162.140: Captain of the Port means the United States Coast Guard Captain of the Port of Detroit, Michigan. Detroit River means the connecting waters from Windmill Point Light to the lakeward limits of the improved navigation channels at the head of Lake Erie. District Commander means Commander, USCG Great Lakes District, Cleveland, Ohio. Master means the master or operator, the person designated by the master or operator to navigate the vessel, or, on a vessel not requiring persons holding licenses or merchant mariner credential officer endorsements, the person in command of the vessel. River Rouge means the waters of the Short Cut Canal and the River Rouge from Detroit Edison Cell Light 1 to the head of navigation. St. Clair River means the connecting waters from the lakeward limit of the improved navigation channel at the lower end of Lake Huron to St. Clair Flats Canal Light 2. SARNIA TRAFFIC means the Canadian Coast Guard traffic center at Sarnia Ontario. (d) Laws and regulations not affected. The regulations in §§ 162.130 through 162.140 do not relieve the owners or operators of vessels from complying with any other laws or regulations relating to navigation on the Great Lakes and their connecting or tributary waters. (e) Delegations. The District Commander, in coordination with appropriate Canadian officials, may make local arrangements that do not conflict with these regulations in the interest of safety of operations, to facilitate traffic movement and anchorage, to avoid disputes as to jurisdiction and to take necessary action to render assistance in emergencies. This authority may be redelegated." 33:33:2.0.1.6.29.0.199.21,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.132 Connecting waters from Lake Huron to Lake Erie; communications rules.,USCG,,,"[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as amended by CGD 85-060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 FR 37274, Oct. 21, 1986]","(a) Radio listening watch. The master of each vessel required to comply with this section shall continuously monitor: (1) Channel 11 (156.55 mhz) between Lake Huron Cut Lighted Buoy 11 and Lake St. Clair Light; and (2) Channel 12 (156.60 mhz) between Lake St. Clair Light and Detroit River Light. (b) Radiotelephone equipment. Reports required by this section shall be made by the master using a radiotelephone capable of operation on a vessel's navigation bridge, or in the case of a dredge, from its main control station. (c) English language. Reports required by this section shall be made in the English language. (d) Traffic reports. (1) Reports required by this section shall be made to SARNIA TRAFFIC on the frequency designated for the radio listening watch in paragraph (a) of this section. (2) Reports shall include the name of the vessel, location, intended course of action, and ETA at next reporting point. (e) Permanent reporting points. The master of each vessel to which this section applies shall report as required by paragraph (d) of this section at the location indicated in Table I. Table I (f) Additional traffic reports. (1) A report shall be made upon leaving any dock, mooring, or anchorage, in the Detroit River, Lake St. Clair, and the St. Clair River except for— (i) Ferries on regular runs; and (ii) Vessels in the River Rouge. (2) A report shall be made before maneuvering to come about. (3) A report shall be made— (i) 20 minutes before entering or departing the River Rouge; and (ii) Immediately before entering or departing the River Rouge. (g) Report of impairment or other hazard. The master of a vessel shall report to SARNIA TRAFFIC as soon as possible: (1) Any condition on the vessel that may impair its navigation, including but not limited to: fire, defective steering equipment, or defective propulsion machinery. (2) Any tow that the towing vessel is unable to control, or can control only with difficulty. (h) Exemptions. Compliance with this section is not required when a vessel's radiotelphone equipment has failed." 33:33:2.0.1.6.29.0.199.22,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.134 Connecting waters from Lake Huron to Lake Erie; traffic rules.,USCG,,,"[CGD 78-151, 49 FR 18302, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as amended by CGD 09-95-002, 60 FR 35701, July 11, 1995]","(a) Detroit River. The following traffic rules apply in the Detroit River: (1) The West Outer Channel is restricted to downbound vessels. (2) The Livingston Channel, west of Bois Blanc Island, is restricted to downbound vessels. The Amherstburg Channel, in Canadian waters east of Bois Blanc Island, is normally restricted to upbound vessels. No vessel may proceed downbound in the Amherstburg Channel without authorization from the Regional Director General. (3) Between Fighting Island Channel South Light and Bar Point Pier Light 29D, no vessels shall meet or overtake in such a manner that more than two vessels would be abreast at any time. (4) Between the west end of Belle Isle and Peche Island Light, vessels may only overtake vessels engaged in towing. (b) River Rouge. In the River Rouge, no vessel shall overtake another vessel. (c) St. Clair River. The following traffic rules apply in the St. Clair River: (1) Between St. Clair Flats Canal Light 2 and Russell Island Light 33, vessels may only overtake vessels engaged in towing. (2) Between Lake Huron Cut Lighted Buoy 1 and Port Huron Traffic Lighted Buoy there is a zone of alternating one way traffic. Masters shall coordinate their movements in accordance with the following rules; (i) Vessels shall not overtake. (ii) Vessels shall not come about. (iii) Vessels shall not meet. (iv) Downbound vessels which have passed Lake Huron Cut Lighted Buoy 7 have the right of way over upbound vessels which have not reached the Port Huron Traffic Lighted Buoy. Upbound vessels awaiting transit of downbound vessels will maintain position south of the Port Huron Traffic Lighted Buoy. (v) Vessels transiting the zone shall coordinate passage by using communication procedures in § 162.132. (vi) Transiting vessels shall have the right of way over moored vessels getting underway within the zone. (d) In the waters described in § 162.130(a), the District Commander or Captain of the Port may establish temporary traffic rules for reasons which include but are not limited to: channel obstructions, winter navigation, unusual weather conditions, or unusual water levels. (e) The requirements of this section do not apply to public vessels of the U.S. or Canada engaged in icebreaking or servicing aids to navigation or to vessels engaged in river and harbor improvement work. (f) The prohibitions in this section on overtaking in certain areas do not apply to vessels operating in the nondisplacement mode. In this section, “nondisplacement mode” means a mode of operation in which the vessel is supported by hydrodynamic forces, rather than displacement of its weight in the water, to an extent such that the wake which would otherwise be generated by the vessel is significantly reduced." 33:33:2.0.1.6.29.0.199.23,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.136 Connecting waters from Lake Huron to Lake Erie; anchorage grounds.,USCG,,,"[CGD 78-151, 49 FR 18302, Apr. 30, 1984, as amended by CGD 85-060, 51 FR 17016, May 8, 1986]","(a) In the Detroit River, vessels shall be anchored so as not to swing into the channel or across steering courses. There is an authorized anchorage in Canadian waters just above Fighting Island and an authorized anchorage in U.S. waters south of Belle Isle (33 CFR 110.206). (b) In the St. Clair River, vessels shall be anchored so as not to swing into the channel or across steering courses." 33:33:2.0.1.6.29.0.199.24,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.138 Connecting waters from Lake Huron to Lake Erie; speed rules.,USCG,,,"[CGD 09-95-002, 60 FR 35702, July 11, 1995, as amended by USCG-2011-1086, 77 FR 62437, Oct. 15, 2012]","(a) Maximum speed limit for vessels in normal displacement mode. (1) Except when required for the safety of the vessel or any other vessel, vessels of 20 meters or more in length operating in normal displacement mode shall proceed at a speed not greater than— (i) 12 statute miles per hour (10.4 knots) between Fort Gratiot Light and St. Clair Flats Canal Light 2; (ii) 12 statute miles per hour (10.4 knots) between Peche Island Light and D33 stationary light in the Detroit River entrance; and (iii) 4 statute miles per hour (3.5 knots) in the River Rouge. (2) The maximum speed limit is 5.8 statute miles per hour (5 knots) in the navigable channel south of Peche Island (under Canadian jurisdiction). (b) Maximum speed limit for vessels operating in nondisplacement mode. (1) Except when required for the safety of the vessel or any other vessel, vessels 20 meters or more in length but under 100 gross tons operating in the nondisplacement mode and meeting the requirements set out in paragraph (c) of this section, may operate at a speed not exceeding 40 miles per hour (34.8 knots)— (i) During daylight hours (sunrise to sunset); (ii) When conditions otherwise safely allow; and (iii) When approval has been granted by the Coast Guard Captain of the Port, Detroit or Commander of the USCG Great Lakes District prior to each transit of the area. (2) In this section, “nondisplacement mode” means a mode of operation in which the vessel is supported by hydrodynamic forces, rather than displacement of its weight in the water, to an extent such that the wake which would otherwise be generated by the vessel is significantly reduced. (c) Unsafe vessels. The Captain of the Port or the District Commander may deny approval for operations under paragraph (b) of this section if it appears that the design and operating characteristics of the vessels in question are not safe for the designated waterways, or if it appears that operations under this section have become unsafe for any reason. (d) Temporary speed limits. The District Commander may temporarily establish speed limits or temporarily amend existing speed limit regulations on the waters described in § 162.130(a)." 33:33:2.0.1.6.29.0.199.25,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.140 Connecting waters from Lake Huron to Lake Erie; miscellaneous rules.,USCG,,,"[CGD 78-151, 49 FR 18302, Apr. 30, 1984]","(a) Rules for towing vessels. (1) A towing vessel may drop or anchor its tows only in accordance with the provisions of § 162.136. (2) A towing vessel engaged in arranging its tow shall not obstruct the navigation of other vessels. (b) Pilots. In the St. Clair River between Lake Huron Cut Lighted Buoy 1 and Port Huron Traffic Lighted Buoy, vessels shall not take on, discharge, or exchange pilots unless weather conditions would make the maneuver unsafe in the customary pilot area." 33:33:2.0.1.6.29.0.199.26,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.145 Monroe Harbor, Mich.",USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981]","(a) In the lake channel, no vessel greater than 40 feet in length may exceed 10 miles per hour. (b) In the river channel: (1) No vessel greater than 40 feet in length may exceed 6 miles per hour. (2) No vessel may use a towline exceeding 200 feet in length." 33:33:2.0.1.6.29.0.199.27,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.150 Maumee Bay and River, Ohio.",USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981]","(a) In Maumee Bay (lakeward of Maumee River Lighted Buoy 49(L/L No. 770)), no vessel greater than 100 feet in length may exceed 12 miles per hour. (b) In Maumee River (inward of Maumee River Lighted Buoy 49(L/L No. 770)): (1) No vessel greater than 40 feet in length may exceed 6 miles per hour. (2) No vessel greater than 100 feet in length (including tug and tow combinations) may overtake another vessel." 33:33:2.0.1.6.29.0.199.28,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.155 Sandusky and Huron Harbors, Ohio.",USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981]","(a) In Sandusky Harbor, no vessel greater than 40 feet in length may exceed 10 miles per hour. (b) In Huron Harbor, no vessel greater than 40 feet in length may exceed 6 miles per hour, except in the outer harbor where no vessel greater than 40 feet in length may exceed 10 miles per hour. The Corps of Engineers also has regulations dealing with these areas in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.29,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Harbors, Ohio.",USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981]","(a) In Vermilion Harbor, no vessel may exceed 6 miles per hour. (b) In Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Harbors, no vessel may exceed 6 miles per hour, except in the outer harbors, where no vessel may exceed 10 miles per hour. The Corps of Engineers also has regulations dealing with these areas in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.3,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.15 Manhasset Bay, N.Y.; seaplane restricted area.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2008-0179, 73 FR 35016, June 19, 2008]","(a) The restricted area. An area in Manhasset Bay between the shore at Manorhaven on the north and the southerly limit line of the special anchorage area in Manhasset Bay, west area at Manorhaven (described in § 110.60 of this chapter), on the south; its axis being a line bearing 166°50′ true from latitude 40°50′17.337 N, longitude 73°43′03.877 W, which point is on the south side of Orchard Beach Boulevard at Manorhaven; and being 100 feet wide for a distance of 380 feet in a southerly direction from the south side of Orchard Beach Boulevard, and thence flaring to a width of 300 feet at the southerly limit line. (b) The regulations. (1) Vessels shall not anchor or moor within the restricted area. (2) All vessels traversing the area shall pass directly through without unnecessary delay, and shall give seaplanes the right-of-way at all times." 33:33:2.0.1.6.29.0.199.30,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.165 Buffalo and Rochester Harbors, New York.",USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981]","In Buffalo and Rochester Harbors, no vessel may exceed 6 miles per hour, except in the outer harbors where no vessel may exceed 10 miles per hour. The Corps of Engineers also has regulations dealing with these areas in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.31,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.175 Black Rock Canal and Lock at Buffalo, New York.",USCG,,,"[CGD 79-151, 46 FR 7960, Jan. 26, 1981]","In the Black Rock Canal and Lock, no vessel may exceed 6 miles per hour. The Corps of Engineers also has regulations dealing with these areas in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.32,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.195 Santa Monica Bay, Calif.; restricted area.",USCG,,,,"(a) The area. The waters of the Pacific Ocean, Santa Monica Bay, in an area extending seaward from the shoreline a distance of about 5 nautical miles (normal to the shoreline) and basically outlined as follows: (b) The regulations. (1) Vessels shall not anchor within the area at any time without permission. (2) Dredging, dragging, seining, or other fishing operations which might foul underwater installations within the area are prohibited. (3) All vessels entering the area, other than vessels operated by or for the United States, the State of California, the county of Los Angeles, or the city of Los Angeles, shall proceed across the area by the most direct route and without unnecessary delay. The area will be open and unrestricted to small recreational craft for recreational activities at all times. (4) The placing of bouys, markers, or other devices requiring anchors will not be permitted. (5) The city of Los Angeles will maintain a patrol of the area as needed." 33:33:2.0.1.6.29.0.199.33,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.200 Marina del Rey, Calif.; restricted area.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2008-0179, 73 FR 35016, June 19, 2008]","(a) The area. That portion of the Pacific Ocean lying shoreward of the offshore breakwater and the most seaward 1,000 feet of the entrance channel between the north and south jetties, and basically outlined as follows: (b) The regulations. (1) Vessels shall not anchor within the area at any time without permission except in an emergency. (2) Dredging, dragging, seining, or other fishing operations which might foul underwater installations within the area are prohibited. The Corps of Engineers also has regulations dealing with this section in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.34,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.205 Suisun Bay, San Joaquin River, Sacramento River, and connecting waters, CA.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD12 84-07, 51 FR 12318, Apr. 10, 1986; CGD11-94-007, 60 FR 16796, Apr. 3, 1995; USCG-1998-3799, 63 FR 35532, June 30, 1998; 78 FR 4788, Jan. 23, 2013; USCG-2016-0498, 82 FR 35088, July 28, 2017]","(a) San Joaquin River Deep Water Channel between Suisun Bay and the easterly end of the channel at Stockton; use, administration and navigation —(1) Maximum speed. The maximum speed for all ocean-going craft shall not exceed 10 miles per hour above the lower end of New York Slough, seven miles per hour above Criminal Point, or five miles per hour while passing any wharf, dock, or moored craft. As used in this paragraph, the speed of a vessel when navigating with the current shall be its rate of movement in excess of the velocity of the current. (2) Passing. All craft passing other boats, barges, scows, etc., in motion, moored or anchored, shall slow down and take every necessary precaution to avoid damage. (3) Right of way. (i) United States dredges, tugs, launches, derrick boats, and similar plant of contractors executing river and harbor improvement work for the United States, and displaying the signals prescribed by the regulations contained in part 83 of this chapter shall have the right of way and other craft shall exercise special caution to avoid interference with the work on which the plant is engaged. Dredges, whether Federal or contractors' plant, working the channel must however, take special care to give ocean-going vessels sufficient room for passing, and must lift both spuds and the ladder, and pull clear, if an adequate width of clear channelway cannot otherwise be provided. Ocean-going vessels may show at the masthead a black ball not more than 20 inches in diameter as a signal to the dredge, and may also blow five long blasts of the whistle when within reasonable hearing distance of the dredge, such signal to be followed at the proper time by the passing signal described in the local pilot rules. The dredge shall promptly acknowledge both signals in the usual manner. (ii) Light-draft vessels when meeting or being overtaken by ocean-going vessels, shall give the right of way to such vessels by making use of the shallower portions of the waterway. (iii) Rafts and tows must promptly give the channel side demanded upon proper signal by a vessel, and must be handled in such a manner as not to obstruct or interfere with the free use of the waterway by other craft. (4) Collisions. (i) Ocean-going vessels in collision in the channel or turning basin must, if still afloat and in a condition making anchorage necessary, be immediately removed to an approved anchorage ground, or if in such condition that beaching is necessary, they shall be temporarily beached on the northwest side of Mandeville Island or in the Old River. (ii) Light-draft vessels suffering collision shall be disposed of as directed by the District Commander or his authorized representative. (5) Wrecks. In no case following accidents of fire or collision will a vessel be allowed to remain either anchored or grounded in the channel, or beached at any place where it endangers other vessels, while settlement is pending with the underwriters. (6) Other laws and regulations. In all other respects, the existing Federal laws and rules and regulations affecting navigable waters of the United States will govern in this channel. (b) Sacramento Deep Water Ship Channel between Suisun Bay and easterly end of Turning Basin at West Sacramento; use, administration, and navigation —(1) Maximum speed for all ocean going craft —(i) Between Tolands Landing (Mile 6.2) and Rio Vista Bridge. When going against a current of two knots or more, the maximum speed over the bottom shall not exceed 8 knots. When going with the current, in slack water, or against a current of two knots or less, the maximum speed through the water shall not exceed 10 knots. (ii) Between Rio Vista Bridge and Port of Sacramento. When going against a current of two knots or more, the maximum speed over the bottom shall not exceed 5 knots. When going with the current, in slack water, or against a current of two knots or less, the maximum speed through the water shall not exceed 7 knots. (iii) Speed past docks or moored craft. Within 550 feet of the centerline of the channel the speed shall be the minimum required to maintain steerageway; wind, tide, current, etc., being taken into consideration. (iv) Passing. All craft passing other boats, barges, scows, etc., underway, moored or anchored, shall take every necessary precaution to avoid damage. (v) Speed, high-water precautions. When passing another vessel (underway, anchored, or tied up); a wharf or other structure; work under construction; plant engaged in river and harbor improvement; levees withstanding flood waters; buildings partially or wholly submerged by high water; or any other structure liable to damage by collision, suction or wave action; vessels shall give as much leeway as circumstances permit and reduce their speed sufficiently to preclude causing damage to the vessel or structure being passed. As deemed necessary for public safety during high river stages, floods, or other emergencies, the District Commander may prescribe, by navigation bulletins or other means, the limiting speed in knots or temporarily close the waterway or any reach of it to traffic. Since this subparagraph pertains directly to the manner in which vessels are operated, masters of vessels shall be held responsible for strict observance and full compliance herewith. (2) Right of way. (i) Dredges, tugs, launches, derrick boats and other similar equipment, executing river and harbor improvement work for the United States, and displaying the signals prescribed by the regulations contained in part 83 of this chapter, shall have the right-of-way and other craft shall exercise special caution to avoid interference with the work on which the plant is engaged. Dredges, whether Federal or contractor's plant, working the channel must however, take special care to give ocean-going vessels sufficient room for passing, and must lift both spuds and the ladder, and pull clear, if an adequate width of clear channelway cannot otherwise be provided. (ii) Vessels intending to pass dredges or other types of floating plant working in navigable channels, when within a reasonable distance therefrom and not in any case over a mile, shall indicate such intention by one long blast of the whistle, and shall be directed to the proper side for passage by the sounding, by the dredge or other floating plant, of the signal prescribed in the inland pilot rules for vessels underway and approaching each other from opposite directions, which shall be answered in the usual manner by the approaching vessel. If the channel is not clear, the floating plant shall sound the alarm or danger signal and the approaching vessel shall slow down or stop and await further signal from the plant. (iii) When the pipeline from a dredge crosses the channel in such a way that an approaching vessel cannot pass safely around the pipeline or dredge, there shall be sounded immediately from the dredge the alarm or danger signal and the approaching vessel shall slow down or stop and await further signal from the dredge. The pipeline shall then be opened and the channel cleared as soon as practicable; when the channel is clear for passage the dredge shall so indicate by sounding the usual passing signal as prescribed in paragraph (c)(2)(ii) of this section. The approaching vessel shall answer with a corresponding signal and pass promptly. (iv) When any pipeline or swinging dredge shall have given an approaching vessel or tow the signal that the channel is clear, the dredge shall straighten out within the cut for the passage of the vessel or tow. (v) Shallow draft vessels when meeting or being overtaken by ocean-going vessels, shall give the right-of-way to such vessels by making use of the shallower portions of the waterway, wherever possible. (vi) Tows should promptly give the channel side requested by proper signal from a vessel, and should be handled in such a manner as not to obstruct or interfere with the free use of the waterway by other craft. (3) Obstruction of traffic. (i) Except as provided in paragraph (c)(2) of this section no person shall willfully or carelessly obstruct the free navigation of the waterway, or delay any vessel having the right to use the waterway. (ii) No vessel shall anchor within the channel except in distress or under stress of weather. Any vessel so anchored shall be moved as quickly as possible to such anchorage as will leave the channel clear for the passage of vessels. (iii) Motorboats, sailboats, rowboats, and other small craft shall not anchor or drift in the regular ship channel except under stress of weather or in case of breakdown. Such craft shall be so operated that they will not interfere with or endanger the movement of commercial or public vessels. (4) Collisions. (i) Ocean-going vessels in collision in the channel or turning basin, must if still afloat and in a condition making anchorage necessary, be immediately removed to an approved anchorage ground, or if in such condition that beaching is necessary, they shall be temporarily beached on the southwest side of Ryer Island from Mile 15.0 to Mile 16.3 or in the Harbor and Turning Basin at West Sacramento. (ii) Light-draft vessels suffering collision shall be disposed of as directed by the District Commander or his authorized representative. (5) Marine accidents. Masters, mates, pilots, owners, or other persons using the waterway to which this paragraph applies shall notify the District Commander and in the case of undocumented vessels, the State Division of Small Craft Harbors also, by the most expeditious means available of all marine accidents, such as fire, collision, sinking or stranding, where there is possible obstruction of the channel or interference with navigation or where damage to Government property is involved, furnishing a clear statement as to the name, address, and ownership of the vessel or vessels involved, the time and place, and the action taken. In all cases, the owner of the sunken vessel shall take immediate steps to mark the wreck properly. (6) Other laws and regulations. In all other respects, existing Federal laws and rules and regulations affecting navigable waters of the United States will govern in this channel. The Corps of Engineers also has regulations dealing with this section in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.35,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.210 Lake Tahoe, Calif.; restricted areas along south shore.",USCG,,,,"(a) The areas —(1) Baldwin Beach, under the control of the Forest Service, Department of Agriculture. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the intersection of the high waterline with the west boundary line of Lot 2, Section 26, Township 13 North (Mount Diablo Base Line), Range 17 East (Mount Diablo Meridian); thence north 300 feet; thence southeasterly about 2,850 feet to the east line of Section 26 at a point 300 feet north of the high waterline; thence northeasterly 1,740 feet to a point 300 feet north of the high waterline; thence southeasterly about 1,810 feet to the projected east line of the former Baldwin property at a point 300 feet north of the high waterline; and thence south 300 feet to the high waterline. (2) Camp Richardson, under the control of the Forest Service, Department of Agriculture. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the southeasterly corner of sec. 25, T. 13 N., R. 17 E., Mount Diablo Base and Meridian; thence north 410 feet along the east line of sec. 25; thence northwesterly 95 feet to the high waterline which is the true point of beginning; thence north 130 feet; thence southeasterly 565 feet; and thence south 130 feet to the high waterline. (3) Pope Beach, under the control of the Forest Service, Department of Agriculture. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the intersection of the high waterline with the west line of the former Pope property, about 750 feet westerly of the west boundary line of Lot 2, Section 6, Township 12 North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian); thence north 300 feet; thence southeasterly 4,200 feet to a point 300 feet north of the high waterline; and thence south 300 feet to the high waterline. (4) El Dorado County Beach. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the intersection of the high waterline with the west boundary line of Lot 1, Section 32, Township 13 North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian); thence north 500 feet; thence northeasterly about 1,350 feet to the projected east line of Lot 1 at a point 500 feet north of the high waterline; and thence south 500 feet to the high waterline. (b) The regulations. No sail or machine-propelled watercraft, except vessels owned or controlled by the U.S. Coast Guard, shall navigate or anchor in the restricted area." 33:33:2.0.1.6.29.0.199.36,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.",USCG,,,,"(a) The restricted area. The waters of Lake Tahoe shoreward of a line described as follows: Beginning at the intersection of the high waterline with a line projected in a general southerly direction 200 feet from a point lying 310 feet west of section corner common to section 15, 16, 21, and 22, Township 13 North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian); thence 300 feet lakeward at right angles to the high waterline; thence southeasterly approximately 2,170 feet to the projected south boundary line of the Forest Service property at a point 300 feet west of the high waterline; and thence east 300 feet to the high water line. (b) The regulations. No sail or motor propelled watercraft, except vessels owned or controlled by the United States Government and vessels duly authorized by the United States Coast Guard, shall navigate or anchor in the restricted area." 33:33:2.0.1.6.29.0.199.37,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-Nev.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2008-0179, 73 FR 35016, June 19, 2008]","(a) Lake Mead and Lake Mohave; restricted areas —(1) The areas. That portion of Lake Mead extending 700 feet upstream of the axis of Hoover Dam and that portion of Lake Mohave (Colorado River) extending 4,500 feet downstream of the axis of Hoover Dam. (2) The regulations. The restricted areas shall be closed to navigation and other use by the general public. Only vessels owned by or controlled by the U.S. Government and the States of Arizona and Nevada shall navigate or anchor in the restricted areas: Provided, however, The Regional Director, Region 3, U.S. Bureau of Reclamation, Boulder City, Nev., may authorize, by written permit, individuals or groups to navigate or anchor in the restricted areas when it is deemed in the public interest. Copies of said permits must be furnished to the enforcing agencies. (b) Lake Mead; speed regulation. In that portion of Lake Mead extending 300 feet upstream of the restricted area described in paragraph (a) of this section, a maximum speed of 5 miles per hour shall not be exceeded. (c) Supervision. The regulations in this section shall be supervised by the District Commander, USCG Southwest District." 33:33:2.0.1.6.29.0.199.38,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.225 Columbia and Willamette Rivers, Washington and Oregon; administration and navigation.",USCG,,,,"(a) Supervision. The District Commander, USCG Northwest District, has certain administrative supervision over the Columbia and Willamette Rivers, and is charged with the enforcement under his direction of emergency regulations to govern navigation of these streams. (b) Speed. During very high water stages (usually 25 feet or more on the Vancouver, Washington, gage) when lives, floating plant or major shore installations are endangered, the District Commander shall have authority to prescribe such temporary speed regulations as he may deem necessary for the public safety. During critical periods of freshets under 25 feet on the Vancouver, Washington, gage when construction is in progress, rehabilitation, or other unusual emergency makes a major shore installation susceptible to loss or major damage from wave action, the District Commander shall have authority to prescribe for a particular limited reach of the river as appropriate such temporary speed regulations as he may deem necessary to protect the integrity of such structure. All speed regulations prescribed by the District Commander shall be obeyed for the duration of the emergency and shall be terminated at the earliest practicable time that improved stream conditions permit." 33:33:2.0.1.6.29.0.199.39,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.230 Columbia River, Wash.",USCG,,,,"(a) Grand Coulee Dam discharge channel; restricted area —(1) The area. That portion of the Columbia River between Grand Coulee Dam (situated at river mile 596.6) and river mile 593.7. (2) The regulations. (i) No vessel shall enter or navigate within the area without permission from the enforcing agency. (ii) The regulation in this section shall be enforced by the Chief, Power Field Division, Columbia Basin Project, U.S. Department of the Interior, Coulee Dam, Washington." 33:33:2.0.1.6.29.0.199.4,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.20 Flushing Bay near La Guardia Airport, Flushing, N.Y.; restricted area.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2011-0257, 76 FR 31838, June 2, 2011]","(a) The area. An area in the main channel in Flushing Bay extending for a distance of 300 feet on either side of the extended center line of Runway No. 13-31 at La Guardia Airport. (b) The regulations. (1) All vessels traversing the area shall pass directly through without unnecessary delay. (2) No vessels having a height of more than 35 feet with reference to the plane of mean high water shall enter or pass through the area whenever visibility is less than one mile." 33:33:2.0.1.6.29.0.199.40,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.235 Puget Sound Area, Wash.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-2008-0179, 73 FR 35016, June 19, 2008]","(a) Waterway connecting Port Townsend and Oak Bay; use, administration, and navigation —(1) Works to which regulations apply. The “canal grounds” when used in this paragraph shall mean that area between the south end of the jetties in Oak Bay and the northerly end of the dredge channel approximately 400 yards northwest of Port Townsend Canal Light. The “canal” is the water lying between these limits and the banks containing the same. (2) Speed. The speed limit within the canal grounds shall not exceed five miles per hour. (3) Signals. All boats desiring to use the canal shall give one long and one short whistle. Southbound boats shall sound the signal within 600 yards of Port Townsend Canal Light. Northbound boats shall sound this signal at least 500 feet south from the end of the jetties in Oak bay. If no other boat answers the signal the first boat shall have the right of way through the canal. Any approaching boat that is in the canal shall answer by giving the same signal and the first boat shall not enter the canal until the second boat shall have passed through the canal. In the case of boats going in the same direction the boat which is in the canal shall not answer the signal of the boat desiring to enter. (4) Passing. Steamers shall not under any circumstances attempt to pass each other in the canal, either when going in the same or opposite directions. (5) Anchoring. No steamers or boats shall anchor or tie up within the canal grounds unless they are well over on the tide flats to the west of the dredged channel, and off the right of way belonging to the United States. (6) Tows. No tow shall enter or pass through the canal with a towline more than 200 feet in length. (7) Delaying traffic. No person shall cause or permit any vessel or boat of which he is in charge, or on which he is employed, to obstruct the canal in any way or delay in passing through it. (b) West Waterway, Seattle Harbor; navigation. (1) The movement of vessels of 250 gross tons or over and all vessels with tows of any kind through the narrow section of West Waterway between the bend at Fisher's Flour Mill dock and the bend at the junction of East Waterway with Duwamish Waterway, and through the draws of the City of Seattle and Northern Pacific Railway Company bridges crossing this narrow section, shall be governed by red and green traffic signal lights mounted on the north and south sides of the west tower of the City Light power crossing at West Spokane Street. (2) Two green lights, one vertically above the other, displayed ahead of a vessel, shall indicate that the waterway is clear. Two red lights, one vertically above the other, displayed ahead of a vessel, shall indicate that the waterway is not clear. (3) A vessel approaching the narrow section and drawbridges from either end of the waterway shall give one long blast of a whistle and shall not enter the narrow section until green lights are displayed. (4) One vessel may follow another vessel in either direction, but the channel shall not be kept open in the same direction for an unreasonable time if a vessel is waiting at the other end. (5) Tugs, launches, and small craft shall keep close to one side of the channel when vessels or boats with tows are passing. (6) All craft shall proceed with caution. The display of a green light is not a guarantee that the channel is clear of traffic, and neither the United States nor the City of Seattle will be responsible for any damage to vessels or other property which may be chargeable to mistakes in the operation of the signal lights or to their failure to operate. The Corps of Engineers also has regulations dealing with this section in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.41,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.240 Tongass Narrows, Alaska; navigation.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977]","(a) Definitions. The term “Tongass Narrows” includes the body of water lying between Revillagigedo Channel and Guard Island in Clarence Strait. (b) No vessel, except for public law enforcement and emergency response vessels, floatplanes during landings and take-offs, and vessels of 23 feet registered length or less, shall exceed a speed of 7 knots in the region of Tongass Narrows bounded to the north by Tongass Narrows Buoy 9 and to the south by Tongass Narrows East Channel Regulatory marker at position 55°19′22.0″ N, 131°36′40.5″ W and Tongass Narrows West Channel Regulatory marker at position 55°19′28.5″ N, 131°39′09.7″ W, respectively. (c) No vessel shall while moored or at anchor, or by slow passage or otherwise while underway, unreasonably obstruct the free passage and progress of other vessels. (d) No vessel shall moor or anchor to any structure of the United States other than mooring piers, wharves, and floats without the consent of the Commander, Sector Southeast Alaska." 33:33:2.0.1.6.29.0.199.42,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.245 Kenai River, Kenai, Alaska; use, administration, and navigation.",USCG,,,,"(a) The area. The main channel area of the river, having a width of 150 feet, beginning at a point directly offshore from the centerline of the city dock and extending about 2,200 feet upstream to a point 200 feet upstream from the Inlet Co. dock. (b) The regulations. (1) Vessels may navigate, anchor, or moor within the area until such time as notification is received or observation is made of intended passage to or from the docking areas. (2) Notice of anticipated passage of towboats and barges shall be indicated 24 hours in advance by display of a red flag by the Inlet Co. from its warehouse." 33:33:2.0.1.6.29.0.199.43,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.250 Port Alexander, Alaska; speed of vessels.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47 FR 27266, June 24, 1982]","(a) Definition. The term “Port Alexander” includes the entire inlet from its head to its entrance from Chatham Strait. (b) Speed. The speed of all vessels of 5 tons or more gross, ships register, shall not exceed 3 miles per hour either in entering, leaving, or navigating within Port Alexander, Alaska." 33:33:2.0.1.6.29.0.199.44,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.255 Wrangell Narrows, Alaska; use, administration, and navigation.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47 FR 27266, June 24, 1982; CGD 94-026, 60 FR 63624, Dec. 12, 1995]","(a) Definitions. (1) The term “Wrangell Narrows” includes the entire body of water between Wrangell Narrows North Entrance Lighted Bell Buoy 63 and Midway Rock Light. (2) The term “raft section” refers to a standard raft of logs or piling securely fastened together for long towing in Alaska inland waters in the manner customary with the local logging interests, i.e. , with booms, swifters, and tail sticks. It normally contains 30,000 to 70,000 feet board measure of logs or piling and has a width of 45 to 60 feet and a length of 75 to 100 feet. (b) Speed restrictions. No vessel shall exceed a speed of seven (7) knots in the vicinity of Petersburg, between Wrangell Narrows Channel Light 58 and Wrangell Narrows Lighted Buoy 60. (c) Tow channel. The following route shall be taken by all tows passing through Wrangell Narrows when the towboat has a draft of 9 feet or less (northbound, read down; southbound, read up): East of Battery Islets: East of Tow Channel Buoy 1 TC. East of Tow Channel Buoy 3 TC. West of Tow Channel Buoy 4 TC. East of Colorado Reef: East of Wrangell Narrows Channel Light 21. West of Wrangell Narrows Channel Lighted Buoy 25. East of Tow Channel Buoy 5 TC. East of Tow Channel Buoy 7 TC. West of Petersburg: East of Wrangell Narrows Channel Light 54 Fr. East of Wrangell Narrows Channel Light 56 Qk FR. East of Wrangell Narrows Channel Light 58 Fr., thence proceeding to west side of channel and leaving Wrangell Narrows by making passage between Wrangell Narrows Channel Daybeacon 61 and Wrangell Narrows North Entrance Lighted Bell Buoy 63 F. East of Battery Islets: East of Colorado Reef: West of Petersburg: (d) Size of tows. The maximum tows permitted shall be one pile driver, or three units of other towable equipment or seven raft sections. (e) Arrangement of tows. (1) No towline or aggregate of towlines between towboat and separated pieces shall exceed 150 feet in length. (2) Raft and barge tows of more than one unit shall not exceed 65 feet in width overall. Single barge tows shall not exceed 100 feet in width overall. (3) Tows other than rafts shall be taken alongside the towboat whenever possible. (f) Anchorage. Vessels may anchor in the anchorage basin in the vicinity of Anchor Point. No craft or tow shall be anchored in Wrangell Narrows in either the main ship channel or the towing channel, nor shall any craft or tow be anchored so that it can swing into either of these channels. (g) Disabled craft. Disabled craft in a condition of absolute necessity are exempt from the regulations in this section." 33:33:2.0.1.6.29.0.199.45,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.260 Channel leading to San Juan Harbor, P.R.; use, administration, and navigation.",USCG,,,,"(a) Steamers passing dredge engaged in improving the channel shall not have a speed greater than 4 miles an hour, and the propelling machinery shall be stopped when crossing the lines to the dredge anchors. (b) Vessels using the channel shall pass the dredge on the side designated from the dredge by the signals prescribed in paragraph (c) of this section. (c) Dredge shall display the red flag by day and four white lights hung in a vertical line by night to indicate the passing side. (d) Vessels shall not anchor on the ranges of stakes or other marks placed for the guidance of the dredge, nor in such a manner as to obstruct the channel for passing vessels. (e) Vessels shall not run over or disturb stake, lanterns, or other marks placed for the guidance of the dredge. (f) Dredges working in the prosecution of the work shall not obstruct the channel unnecessarily. (g) The dredge will slack lines running across the channel from the dredge on the passing side, for passing vessels, when notified by signal, with whistle or horn. (h) The position of anchors of the dredge shall be marked by buoys plainly visible to passing vessels." 33:33:2.0.1.6.29.0.199.46,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,§ 162.270 Restricted areas in vicinity of Maritime Administration Reserve Fleets.,USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 86-053, 51 FR 43742, Dec. 4, 1986; USCG-2011-0257, 76 FR 31838, June 2, 2011]","(a) The regulations in this section shall govern the use and navigation of waters in the vicinity of the following National Defense Reserve Fleets of the Maritime Administration, Department of Transportation: (1) James River Reserve Fleet, Fort Eustis, Virginia. (2) Beaumont Reserve Fleet, Neches River near Beaumont, Texas. (3) Suisun Bay Reserve Fleet near Benicia, California. (b) No vessels or other watercraft, except those owned or controlled by the United States Government, shall cruise or anchor between Reserve Fleet units within 500 feet of the end vessels in each Reserve Fleet unit, or within 500 feet of the extreme units of the fleets, unless specific permission to do so has first been granted in each case by the enforcing agency. (c) The regulations in this section shall be enforced by the respective Fleet Superintendents and such agencies as they may designate." 33:33:2.0.1.6.29.0.199.5,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.30 Channel of Tuckerton Creek, N.J.; navigation.",USCG,,,,(a) Power boats or other vessels propelled by machinery shall not proceed at any time within the limits of these waters at a greater speed than 8 statute miles per hour. 33:33:2.0.1.6.29.0.199.6,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.35 Channel of Christina River, Del.; navigation.",USCG,,,,"(a) That vessels of over 20 tons capacity, propelled by machinery, shall not proceed at any time within the limits of these waters at a greater speed than 8 statute miles per hour." 33:33:2.0.1.6.29.0.199.7,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.40 Inland waterway from Delaware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware Canal).",USCG,,,,"(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) Speed. No vessel in the waterway shall be raced or crowded alongside another vessel. Vessels of all types, including pleasure craft, are required to travel at all times at a safe speed throughout the canal and its approaches so as to avoid damage by suction or wave wash to wharves, landings, riprap protection, or other boats, or injury to persons. Pilots and vessel operators transiting the canal and its approaches are warned that violation of this rule may result in having their privilege to transit the canal suspended. Passages of vessels through the canal will be monitored and specific cases will be investigated where damage by suction or wave wash does occur. Owners and operators of yachts, motorboats, rowboats and other craft are cautioned that large deep draft ocean-going vessels and other large commercial vessels ply the canal, and such owners and operators should be particularly careful to moor or anchor well away from the main ship channels, with moorings and lines which are sufficient and proper. (c) Right-of-way. All vessels proceeding with the current shall have the right-of-way over those proceeding against the current. Large vessels or tows must not overtake and attempt to pass other large vessels or tows in the waterway. All small pleasure craft shall relinquish the right-of-way to deeper draft vessels, which have a limited maneuvering ability due to their draft and size. (d) Stopping in waterway. Vessels will not be permitted to stop or anchor in the ship channel. (e) Water skiing. Water skiing in the waterway is prohibited between Reedy Point and Welch Point. (f) Sailboats. Transiting the canal by vessels under sail is not permitted between Reedy Point and Welch Point. The Corps of Engineers also has regulations dealing with this section in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.8,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.65 All waterways tributary to the Atlantic Ocean south of Chesapeake Bay and all waterways tributary to the Gulf of America east and south of St. Marks, Fla.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 93-072, 59 FR 39963, Aug. 5, 1994; USCG-2000-7223, 65 FR 40058, June 29, 2000; USCG-2015-0433, 80 FR 44282, July 27, 2015]","(a) Description. This section applies to the following: (1) Waterways. All navigable waters of the United States, natural or artificial, including bays, lakes, sounds, rivers, creeks, intracoastal waterways, as well as canals and channels of all types, which are tributary to or connected by other waterways with the Atlantic Ocean south of Chesapeake Bay or with the Gulf of America east and south of St. Marks, Florida. (2) United States property. All river and harbor lands owned by the United States in or along the waterways described in paragraph (a)(1) of this paragraph, including lock sites and all structures thereon, other sites for Government structures and for the accommodation and use of employees of the United States, and rights of way and spoil disposal areas to the extent of Federal interest therein. (3) Vessels and rafts. The term “vessel” as used in this section includes all floating things moved over these waterways other than rafts. (b) Waterways—( 1) Fairway. A clear channel shall at all times be left open to permit free and unobstructed navigation by all types of vessels and rafts that normally use the various waterways or sections thereof. The District Commander may specify the width of the fairway required in the various waterways under his charge. (2) Stoppage in waterway, anchorage or mooring. (i) No vessels or rafts shall anchor or moor in any of the land cuts or other narrow parts of the waterway, except in case of an emergency. Whenever it becomes necessary for a vessel or raft to stop in any such portions of the waterway it shall be securely fastened to one bank and as close to the bank as possible. This shall be done only at such a place and under such conditions as will not obstruct or prevent the passage of other vessels or craft. Stoppages shall be only for such periods as may be necessary. (ii) No vessel or raft will be allowed to use any portion of the fairway as a mooring place except temporarily as authorized above without the written permission from the District Commander. (iii) When tied up, all vessels must be moored by bow and stern lines. Rafts and tows shall be secured at sufficiently close intervals to insure their not being drawn away from the bank by winds, currents or the suction of passing vessels. Tow lines shall be shortened so that the different parts of the tow shall be as close together as possible. In narrow sections, no vessel or raft shall be tied abreast of another. (iv) Lights shall be displayed in accordance with provisions of the Navigation Rules (33 CFR Subchapter E). (v) No vessel, even if fastened to the bank as prescribed in paragraph (b)(2)(i) of this section, shall be left without a sufficient crew to care for it properly. (vi) Vessels will not be permitted to load or unload in any of the land cuts except as a regular established landing or wharf without written permission secured in advance from the District Commander. (vii) No vessel, regardless of size, shall anchor in a dredged channel or narrow portion of a waterway for the purpose of fishing, if navigation is obstructed, thereby. (viii) Except in cases of emergency the dropping of anchors, weights, or other ground tackle, within areas occupied by submarine cable or pipe crossings, is prohibited. Such crossings will ordinarily be marked by signboards on each bank of the shore or indicated on coast charts. (3) Speed. (i) Vessels shall proceed at a speed which will not endanger other vessels or structures and will not interfere with any work in progress incident to maintaining, improving, surveying or marking the channel. (ii) Official signs indicating limiting speeds through critical portions of the waterways shall be strictly obeyed. (iii) Vessels approaching and passing through a bridge shall so govern their speed as to insure passage through the bridge without damage to the bridge or its fenders. (4) Assembly and handling of tows. (i) All vessels drawing tows and equipped with rudders shall use two tow lines or a bridle and shorten them to the greatest possible extent so as to have full control at all times. The various parts of a tow shall be securely assembled with the individual units connected by lines as short as practicable. If necessary, as in the case of lengthy or cumbersome tows or tows in restricted channels, the District Commander may require that tows be broken up and may require the installation of a rudder, drag or other approved steering device on the tow in order to avoid obstructing navigation or damaging the property of others, including aids to navigation maintained by the United States or under its authorization, by collision or otherwise. (ii) No tow shall be drawn by a vessel that has insufficient power or crew to permit ready maneuverability and safe handling. (iii) Tows desiring to pass a bridge shall approach the opening along the axis of the channel so as to pass through without danger of striking the bridge or its fenders. No vessel or tow shall navigate through a drawbridge until the movable span is fully opened. (iv) In the event that it is evident to the master of a towing vessel that a tow cannot be safely handled through a bridge, it will be brought to anchor and the towed vessels will be taken through the bridge in small units, or singly if necessary, or the tow will wait until navigation conditions have improved to such an extent that the tow can pass through the bridge without damage. (5) Projections from vessels. No vessel carrying a deck load which overhangs or projects over the side of said vessel, or whose rigging projects over the side of the vessel so as to endanger passing vessels, wharves or other property, will enter or pass through any of the narrow parts of the waterway. (6) Meeting and passing. Vessels, on meeting or overtaking, shall give the proper signals and pass in accordance with the Navigation Rules (33 CFR Subchapter E). Rafts shall give to vessels the side demanded by proper signal. All vessels approaching dredges or other plant engaged on improvements to a waterway, shall give the signal for passing and slow down sufficiently to stop if so ordered or if no answering signal is received. On receiving the answering signal, they shall then proceed to pass at a speed sufficiently slow to insure safe navigation. The Corps of Engineers also has regulations dealing with this section in 33 CFR part 207." 33:33:2.0.1.6.29.0.199.9,33,Navigation and Navigable Waters,I,P,162,PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS,,,,"§ 162.75 All waterways tributary to the Gulf of America (except the Mississippi River, its tributaries, South and Southwest Passes and Atchafalaya River) from St. Marks, Fla., to the Rio Grande.",USCG,,,"[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78-050, 45 FR 43167, June 26, 1980; USCG-2000-7223, 65 FR 40058, June 29, 2000; USCG-2008-0179, 73 FR 35016, June 19, 2008; USCG-2015-0433, 80 FR 44282, July 27, 2015; USCG-2022-0323, 88 FR 10029, Feb. 16, 2023]","(a) The regulations in this section shall apply to: (1) Waterways. All navigable waters of the U.S. tributary to or connected by other waterways with the Gulf of America between St. Marks, Fla., and the Rio Grande, Tex. (both inclusive), and the Gulf Intracoastal Waterway; except the Mississippi River, its tributaries, South and Southwest Passes, and the Atchafalaya River above its junction with the Morgan City-Port Allen Route. (2) Bridges, wharves, and other structures. All bridges, wharves, and other structures in or over these waterways. (3) Vessels. The term “vessels” as used in this section includes all floating craft other than rafts. (b) Waterways: (1) A clear channel shall at all times be left open to permit free and unobstructed navigation by all types of vessels and tows normally using the various waterways covered by the regulations of this section (2) Fairway: The District Commander may specify the width of the fairway required in the various waterways under his charge. (3) Anchoring or mooring: (i) Vessels or tows shall not anchor or moor in any of the land cuts or other narrow parts of the waterway, except in an emergency, or with permission of the District Commander. Whenever it becomes necessary for a vessel or tow to stop in any such portions of the waterway, it shall be securely fastened to one bank and as close to the bank as possible. This shall be done only at such a place and under such conditions as will not obstruct or prevent the passage of other vessels or tows. Stoppages shall be only for such periods as may be necessary. (ii) When tied up individually, all vessels and tows shall be moored by bow and stern lines. Tows shall be secured at sufficiently frequent intervals to insure their not being drawn away form the bank by winds, currents, or the suction of passing vessels. Lines shall be shortened so that the various barges in a tow will be as close together as possible. (iii) Lights shall be displayed in accordance with provisions of the Inland Navigation Rules (33 CFR Subchapter E). (iv) Whenever any vessel or tow is moored to the bank (paragraph (b)(3)(i) of this section) at least one crew member shall always remain on board to see that proper signals are displayed and that the vessel or tow is properly moored at all times. (v) No vessel, regardless of size, shall anchor in a dredged channel or narrow portion of a waterway for the purpose of fishing if navigation is obstructed thereby. (4) Speed: Speeding in narrow sections is prohibited. Official signs indicating limited speeds shall be obeyed. Vessels shall reduce speed sufficiently to prevent damage when passing other vessels or structures in or along the waterway. (5) Size, assembly, and handling of tows: (i) On waterways 150 feet wide or less, tows which are longer than 1,180 feet, including the towing vessel, but excluding the length of the hawser, or wider than one-half of the bottom width of the channel or 55 feet, whichever is less will not be allowed, except when the District Commander has given special permission or the waterway has been exempted from these restrictions by the District Commander. Before entering any narrow section of the Gulf Intracoastal Waterway, tows in excess of one-half the channel width, or 55 feet, will be required to stand by until tows which are less than one-half the channel width or 55 feet wide have cleared the channel. When passing is necessary in narrow channels, overwidth tows shall yield to the maximum. Separate permission must be received from the District Commander for each overlength or overwidth movement. In addition, the following exceptions are allowed: (ii) Gulf Intracoastal Waterway—Between mile 6.2 EHL (Inner Harbor Navigation Canal Lock) and mile 33.6 EHL tows of 78 feet in width will be allowed. (iii) Gulf Intercoastal Waterway—Between mile 33.6 EHL and the Mobile Bay Ship Channel, tows of 108 feet in width will be allowed if under 750 feet in length including the towboat but excluding the length of the hawser. (iv) Gulf Intracoastal Waterway—Mobile Bay Ship Channel to St. Marks, Fla., for tows made up of empty barges on the off or shallow side, a width of 75 feet will be allowed. (v) All vessels pulling tows not equipped with rudders in restricted channels and land cuts shall use two towlines, or a bridle on one towline, shortened as much as safety of the towing vessel permits, so as to have maximum control at all times. The various parts of a tow shall be securely assembled with the individual units connected by lines as short as practicable. In open water, the towlines and fastenings between barges may be lengthened so as to accommodate the wave surge. In the case of lengthy or cumbersome tows, or tows in restricted channels, the District Commander may require that tows be broken up, and may require the installation of a rudder or other approved steering device on the tow in order to avoid obstructing navigation or damaging the property of others. Pushing barges with towing vessel astern, towing barges with towing vessel alongside, or pushing and pulling barges with units of the tow made up both ahead and astern of the towing vessel are permissible provided that adequate power is employed to keep the tows under full control at all times. No tow shall be drawn by a vessel that has insufficient power or crew to permit ready maneuverability and safe handling. (vi) All tows navigating the Pass Manchac bridges in Louisiana are limited to no more than two barges, not to exceed a combined tow length of 400 feet (excluding the towboat). Vessel operators for tows exceeding these limits must request and receive permission from the COTP New Orleans prior to navigating the bridges. Requests should be made by telephoning the COTP at 504-365-2200 or 504-365-2545. Any decision made by the COTP is final agency action. (6) Projections from vessels: Vessels or tows carrying a deck load which overhangs or projects over the side, or whose rigging projects over the side, so as to endanger passing vessels, wharves, or other property, shall not enter or pass through any of the narrow parts of the waterway without prior approval of the District Commander. (7) Meeting and passing: Passing vessels shall give the proper signals and pass in accordance with the Inland Navigation Rules (33 CFR Subchapter E), where applicable. At certain intersections where strong currents may be encountered, sailing directions may be issued through navigation bulletins or signs posted on each side of the intersections. The Corps of Engineers also has regulations dealing with this section in 33 CFR 207." 40:40:26.0.1.1.12.2.1.1,40,Protection of Environment,I,E,162,PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS,D,Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs,,§ 162.150 General.,EPA,,,"[46 FR 2014, Jan. 7, 1981, as amended at 53 FR 15999, May 4, 1988; 60 FR 32097, June 19, 1995]","(a) Scope. This subpart sets forth regulations governing the registration by any State of pesticide products, or uses thereof, formulated for distribution and use within the State to meet special local needs under sec. 24(c) of the Act. It also sets forth regulations governing the exercise by the Administrator of the power to disapprove specific State registrations and to suspend a State's registration authority under sec. 24(c). Unless otherwise indicated, any reference herein to registrations issued by a State includes amendments of registrations issued by States. (b) Applicability. This subpart applies only to State registration authority granted by sec. 24(c) of FIFRA. It does not apply to any authority granted, or procedures established, by State law with respect to registration, licensing, or approval required for use within the State of federally registered pesticide products." 40:40:26.0.1.1.12.2.1.2,40,Protection of Environment,I,E,162,PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS,D,Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs,,§ 162.151 Definitions.,EPA,,,"[73 FR 75597, Dec. 12, 2008]","Terms used in this part have the same meaning as in the Act and part 152 of this chapter. In addition, as used in this subpart, the following terms shall apply: Federally registered means currently registered under section 3 of the Act, after having been initially registered under the Federal Insecticide, Fungicide, and Rodenticide Act of 1947 by the Secretary of Agriculture or under FIFRA by the Administrator. Manufacturing-use product means any pesticide product other than a product to be labeled with directions for end use. This term includes any product intended for use as a pesticide after reformulation or repackaging. New product means a pesticide product which is not a federally registered product. Pest problem means: (1) A pest infestation and its consequences, or (2) Any condition for which the use of plant regulators, defoliants, or desiccants would be appropriate. Product or pesticide product means a pesticide offered for distribution and use, and includes any labeled container and any supplemental labeling. Similar composition means a pesticide product which contains only the same active ingredient(s), or combinations of active ingredients, and which is in the same toxicity category, as defined in § 156.62 of this chapter, as a federally registered pesticide product. Similar product means a pesticide product which, when compared to a federally registered product, has a similar composition and a similar use pattern. Similar use pattern means a use of a pesticide product which, when compared to a federally registered use of a product with a similar composition, does not require a change in precautionary labeling under part 156 of this chapter, and which is substantially the same as the federally registered use. Registrations involving changed use patterns are not included in this term. Special local need means an existing or imminent pest problem within a State for which the State lead agency, based upon satisfactory supporting information, has determined that an appropriate federally registered pesticide product is not sufficiently available. State or State lead agency means the State agency designated by the State to be responsible for registering pesticides to meet special local needs under section 24(c) of the Act." 40:40:26.0.1.1.12.2.1.3,40,Protection of Environment,I,E,162,PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS,D,Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs,,§ 162.152 State registration authority.,EPA,,,"[46 FR 2014, Jan. 7, 1981, as amended at 73 FR 75597, Dec. 12, 2008]","(a) Statutory limitations. In accordance with sec. 24(c) of the Act, each State is authorized to register a new end use product for any use, or an additional use of a federally registered pesticide product, if the following conditions exist: (1) There is a special local need for the use within the State; (2) The use is covered by necessary tolerances, exemptions or other clearances under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346 et seq. ), if the use is a food or feed use; (3) Registration for the same use has not previously been denied, disapproved, suspended or cancelled by the Administrator, or voluntarily cancelled by the registrant subsequent to issuance by the Administrator of a notice of intent to cancel that registration, because of health or environmental concerns about an ingredient contained in the pesticide product, unless such denial, disapproval, suspension or cancellation has been superseded by subsequent action of the Administrator; and (4) The registration is in accord with the purposes of FIFRA. (b) Types of registrations —(1) Amendments to federal registrations. (i) Subject to the provisions of paragraphs (a) and (b)(1)(ii) through (iv) of this section, States may register any new use of a federally registered pesticide product. (ii) A State may register any use of a federally registered product for which registration of other uses of the product was denied, disapproved, suspended, or cancelled by the Administrator, provided that the State may register a use not considered by the Administrator in reaching such a determination only after the State consults with appropriate EPA personnel. (iii) Except as provided in paragraph (a)(3) of this section, a State may register any use of a federally registered product for which registration of some or all uses has been voluntarily cancelled by the registrant, provided that a State may register such a use only after the State has consulted with appropriate EPA personnel. (iv) A State may not register an amendment to a federally registered manufacturing-use product. (2) New products. (i) Subject to the provisions of paragraph (a) and subparagraphs (b)(2) (ii) and (iii) of this section, a State may issue registrations to meet special local needs for the following types of new end-use products: (A) A product which is identical in composition to a federally registered product, but which has differences in packaging, or in the identity of the formulator. (B) A product which contains the same active and inert ingredients as a federally registered product, but in different percentages. (C) Subject to the requirements of paragraph (b)(2)(ii) of this section, a product containing a new combination of active, or active and inert, ingredients. (ii) A State may register a new product only if each of the active ingredients in the new product is present because of the use of one or more federally registered products and if each of the inert ingredients in the new product is contained in a federally registered product. (iii) A State may not register a new manufacturing-use product. (iv) A State may register any use of a new product containing an ingredient described in paragraph (a)(3) of this section, if the new product registration is for a formulation or a use not included in the denial, disapproval, suspension, or cancellation, or if the federally registered use was voluntarily cancelled without a prior notice of intent to cancel by the Administrator. However, a formulation or use of such a new product which was not considered by the Administrator during such proceedings, or which was not the subject of a notice of intent to cancel, may be registered by a State only after the State consults with appropriate EPA personnel regarding the registration application. (c) Effect of State registration. (1) A State registration issued under FIFRA sec. 24(c) which meets the conditions described in paragraphs (a) and (b) of this section, and which is not disapproved by the Administrator under § 162.154, shall be considered a federal registration, but shall authorize distribution and use only within that State. Accordingly, such registrations are subject to all provisions of FIFRA which apply to currently registered products, including provisions for cancellation and suspension of registrations, and reregistration of products. (2) A State may require, as a condition of distribution or use of a pesticide product within the State, that the pesticide product be registered under State law as well as under FIFRA. Neither FIFRA sec. 24(c) nor §§ 162.150-162.156 affects a State's right under its own law to revoke, suspend, cancel, or otherwise affect such a registration issued under State law. However, the federal registration, whether issued under FIFRA sec. 3 or 24(c), is not affected by such a State action." 40:40:26.0.1.1.12.2.1.4,40,Protection of Environment,I,E,162,PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS,D,Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs,,§ 162.153 State registration procedures.,EPA,,,"[46 FR 2014, Jan. 7, 1981, as amended at 53 FR 15999, May 4, 1988; 60 FR 32097, June 19, 1995; 70 FR 59888, Oct. 13, 2005; 73 FR 75597, Dec. 12, 2008]","(a) Application for registration. States shall require all applicants for registration to submit the following information: (1) Name and address of the applicant and any other person whose name will appear on the labeling or in the directions for use. (2) The name of the pesticide product, and, if the application is for an amendment to a federally registered product, the EPA registration number of that product. (3) A copy of proposed labeling, including all claims made for the product as well as directions for its use to meet the special local need, consisting of: (i) For a new product, a copy of the complete proposed labeling; or, (ii) For an additional use of a federally registered product, a copy of proposed supplemental labeling and a copy of the labeling for the federally registered product. (4) The complete formula of the product, if the application is for a new product registration. (5) Any other information which is required to be reviewed prior to registration under this section. (b) Special local need determination. In reviewing any application for registration, the State shall determine whether there is a special local need for the registration. Situations which a State may consider as not involving a special local need may include, but are not limited to, applications for registrations to control a pest problem present on a nationwide basis, or for use of a pesticide product registered by other States on an interregional or nationwide basis. (c) Unreasonable adverse effects determination. (1) Prior to issuing a registration in the following cases, the State shall determine that use of the product for which registration is sought will not cause unreasonable adverse effects on man or the environment, when used in accordance with labeling directions or widespread and commonly recognized practices: (i) For use of a product which has a composition not similar to any federally registered product. (ii) For use of a project involving a use pattern not similar to any federally registered use of the same product or of a product with a similar composition. (iii) For use of a product for which other uses of the same product, or of a product with a similar composition, have had registration denied, disapproved, suspended, or cancelled by the Administrator. (2) Determinations required by paragraph (c)(1) of this section shall be based on data and criteria consistent with those sections of part 152 of this chapter, applicable to the type of product or use under consideration. Such determinations may also involve consideration of the effect of the anticipated classification of the product or use under paragraph (g) of this section. (d) Efficacy determination. Prior to registration of any use of a product for public health purposes—that is, a use which could result in substantial harm to the public health if the product does not perform its intended function, the State shall determine that the product warrants the claims made for it in the registration application. Such determinations shall be based on criteria specified in applicable sections of part 152 of this chapter and on any additional criteria established by the State. (e) Labeling requirements. (1) Prior to issuing any registration, the State shall review the proposed labeling submitted with the application to determine compliance with this paragraph. In addition, the State shall review a copy of the final printed labeling as soon as practical after a registration is issued in order to verify compliance with this paragraph. (2) For a new product, the State must, as a condition of the registration, require that the product be accompanied from the time it enters the stream of commerce by labeling meeting all applicable criteria of § 156.10 of this chapter. New product labeling must all contain: (i) A statement identifying the State where registration is to be valid. (ii) The special local need registration number assigned by the State. (3) Except as provided in paragraph (e)(4) of this section, as a condition for a registration of an additional use of a federally registered product, the State must require that at the time of sale to users, labeling from the federally registered product be accompanied by supplemental labeling which contains: (i) A statement identifying the State where registration is valid. (ii) Directions for use to meet the special local need which satisfy the criteria of § 156.10(i) of this chapter. (iii) The trade name of the product. (iv) The name and address of the section 24(c) registrant. (v) The EPA registration number of the federally registered product. (vi) The special local need registration number assigned by the State. (vii) A statement prohibiting use of the product in a manner inconsistent with all applicable directions, restrictions, and precautions found in the labeling of the federally registered product and accompanying supplemental labeling. (4) When a federally registered product is already in the stream of commerce at the time the State issues a registration for an additional use of that product, the State must ensure that supplemental labeling for the additional use, meeting the criteria of paragraph (e)(3) of this section, is made available to purchasers and users of the product within 45 days of the date on which the State approves the final printed supplemental labeling. (5) If a State classifies for restricted use a product or use registered by the State, which is not required to be so classified by paragraph (g) of this section, then the State may require supplemental labeling for the product or use containing additional appropriate precautions, and a statement that the product or use is for restricted use within that State. (f) Packaging and coloration standards. All products registered by a State must meet all appropriate packaging standards prescribed by the Administrator under sec. 25(c)(3) of FIFRA. State registered products must also meet all appropriate standards for coloration, or discoloration, established by regulation under sec. 25(c) of FIFRA, including the standards contained in subpart H of part 153 of this chapter. Prior to issuing any registration, the State shall determine that the product will conform to these requirements. (g) Classification. (1) As part of the registration of any product or use, a State shall classify the product or use as a restricted use pesticide if: (i) The product is identical or similar in composition to a federally registered product: (A) For which all federally registered uses have been classified as restricted by the Administrator; or (B) For which a use similar to the State registered use has been classified as restricted by the Administrator; or (ii) The State registered product or use meets the criteria for classification as a restricted use pesticide under the applicable provisions of § 152.170 of this chapter. (2) [Reserved] (h) Notification and submission of data. (1) Within ten working days from the date a State issues, amends, or revokes a registration, the State shall notify EPA, in writing, of the action. Notification of State registrations, or amendments thereto, shall include the effective date of the registration or amendment, a confidential statement of the formula of any new product, and a copy of the draft labeling reviewed and approved by the State, provided that labeling previously approved by the Administrator as part of a federal registration need not be submitted. (2) Notification of State registrations or amendments shall be supplemented by the State sending to EPA a copy of the final printed labeling approved by the State within 60 days after the effective date of the registration or amendment. (3) Notification of revocation of a registration by a State shall indicate the effective date of revocation, and shall state the reasons for revocation. (4) The Administrator or his designee may request, when appropriate, that a State submit to EPA any data used by the State to determine that unreasonable adverse effects will not be caused when the State registers any use described in paragraph (c)(1) of this section. Within 15 working days of receipt of such a request from EPA, the State shall submit two copies of the requested data. (i) Federal Register publication. The Administrator shall publish in the Federal Register, on a regular basis, a summary of all State registrations made under sec. 24(c) during a previous reporting period established by the Administrator. For each product or use registered, the notice shall indicate: (1) The name of the product. (2) The name of the registrant. (3) The registered use(s) of the product. (4) The effective date of the State registration. (5) If the registration is for an additional use of a federally registered product, whether the State registration involves a changed use pattern. (j) Electronic reporting under State registration of pesticide products for special local needs. States that choose to receive electronic documents under the regulations pertaining to state registration of pesticides to meet special local needs, must ensure that the requirements of 40 CFR Part 3—(Electronic reporting) are satisfied by their state procedures for such registrations." 40:40:26.0.1.1.12.2.1.5,40,Protection of Environment,I,E,162,PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS,D,Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs,,§ 162.154 Disapproval of State registrations.,EPA,,,,"(a) General disapprovals. (1) Except as provided in paragraph (b) of this section, the Administrator may disapprove, on any reasonable grounds, any state registration which, when compared to a federally registered product, does not have both a similar composition and a similar use pattern; provided that the Administrator may not disapprove such a registration solely because of a lack of essentiality. Grounds for disapproval of State registrations not involving similar products may include, but are not limited to: (i) Probable creation of unreasonable adverse effects on man or the environment by the registered use. (ii) Refusal of the registering State to submit information supporting the registration as required by § 162.153(h). (iii) Failure of information submitted by the State to support the State's decision to issue the registration under standards established by § 162.153. (2) Prior to disapproval of any State registration under this paragraph, the Administrator shall notify the registering State, in writing, of the Administrator's intent to disapprove, and of the reasons for disapproval. The notice of intent will provide a reasonable time, not less than ten days from the date the notice is received by the State, for the State to respond, and will invite the State to consult with the Administrator or his designee. If the grounds for disapproval are based on actions or omissions by the State, the notice will, if possible, also provide the State with a reasonable amount of time in which to take corrective action, not to exceed the time allowed for disapproval under paragraph (c) of this section. (3) The registering State may, within ten days of receipt of a notice of intent to disapprove, request that the Administrator, or his designee, consult with appropriate State officials prior to the Administrator's final decision on disapproval. The Administrator will consider any relevant information presented at such a consultation, or in any other timely and appropriate fashion, in deciding whether to withdraw the notice of intent to disapprove. (b) Special disapprovals. (1) The Administrator may disapprove any State registration, including a registration for a similar product, at any time, if the Administrator determines that use of the product under the State registration: (i) Would constitute an imminent hazard. (ii) May result in a residue on food or feed exceeding, or not covered by, a tolerance, exemption, or other clearance under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346a et seq. ). (2) If the Administrator disapproves a registration under this paragraph, the Administrator shall provide the registering State with written notification of disapproval, in accordance with paragraph (c) of this section, as soon thereafter as practicable. Such notification will specify the grounds for disapproval and invite the State to comment on the decision. (3) If requested by the State within ten days of its receipt of a notice of disapproval, the Administrator, or his designee, will consult with appropriate State officials. The Administrator may consider any information presented at such a consultation, or in any other appropriate fashion, in determining whether the disapproval should be rescinded. (c) Decision and notification of disapproval. Except as provided in paragraph (b)(1) of this section, the Administrator will make a final decision on disapproval of a State registration, and provide written notification thereof to the State, within 90 days of the effective date of the registration; provided that, if the State does not notify the Agency of a registration within ten days of its effective date, then the Administrator will make a final decision on disapproval within 90 days of the date on which EPA receives notification of the State registration. The notice of disapproval will specify an appropriate date on which the disapproval will become effective. Disapproval may become effective immediately, or at anytime within the period allowed for the Administrator to make a final decision on disapproval. The notice of disapproval will also, when appropriate, give instructions for use or disposal of the pesticide. Each notice of disapproval will be published in the Federal Register. (d) Effect of disapproval. If a registration issued by a State is disapproved by the Administrator, that registration will not be valid for any purpose under FIFRA, as of the date the disapproval becomes effective. Thereafter, distribution or sale of the pesticide, in either interstate or intrastate commerce, for uses subject to the disapproval will be a violation of sec. 12(a)(1) of FIFRA. (e) Rescission of disapproval. If the Administrator determines, after consultation with the State lead agency, that a registration, previously issued by the State and disapproved by the Administrator, should not have been disapproved under FIFRA, then the Administrator shall rescind the disapproval. The Administrator shall send written notification of the rescission to the State. In addition, the Administrator shall publish notice of any rescission of disapproval in the Federal Register. (f) Notification of registrants. Any State that issues a registration which has been disapproved, or which is subject to a notice of intent to disapprove, shall be responsible for notifying the affected registrant of any such notice of intent or disapproval, and of any recession of disapproval by the Administrator." 40:40:26.0.1.1.12.2.1.6,40,Protection of Environment,I,E,162,PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS,D,Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs,,§ 162.155 Suspension of State registration authority.,EPA,,,,"(a) General. (1) If the Administrator finds that a State is not capable of exercising, or has failed to exercise, adequate control over its registration program, so that the State cannot ensure that registrations issued by it will be in accord with the purposes of FIFRA, then the Administrator may suspend the State's authority to register pesticides under sec. 24(c) of the Act. Registrations issued by the State after suspension of its authority will not be considered valid under FIFRA. Registrations issued by the State prior to suspension will not be affected by the suspension. (2) The Administrator may suspend all or any part of a State's registration authority, as appropriate. (b) Grounds for suspension. (1) The Administrator may suspend a State's registration authority due to lack of, or failure to exercise, adequate control by the State over its sec. 24(c) registration program. Adequate control includes, but is not limited to, all of the following: (i) Access to appropriate scientific and technical personnel to review data and make determinations as required by § 162.153. (ii) Registration procedures satisfying § 162.153. (iii) Complete and accurate records of State registrations. (iv) Adequate legal authority. (A) To deny, suspend, revoke, or amend a State registration when the registration is not in compliance with FIFRA, this subpart, or State law, or when necessary to prevent unreasonable adverse effects on the environment. (B) To enter, at reasonable times, by consent, warrant, or other legal means, any establishment where pesticides are produced or held for distribution or sale, to inspect, sample, and observe whether pesticides are being produced or distributed in compliance with FIFRA, this subpart, State law, and the terms of any State registration. (2) The Administrator may suspend a State's registration authority if the State fails to exercise the controls specified in paragraph (b)(1) of this section, or if the State refuses to correct within a reasonable time any other significant deficiencies in its regulatory program, as specified by the Administrator in a notice of intent to suspend. (c) Procedures for suspension. (1) Prior to suspending the registration authority of any State, the Administrator will notify the State lead agency, in writing, of the Administrator's intent to suspend, and of the specific grounds for suspension. The notice of intent will specify whether the suspension will be complete or partial, and will provide the State an opportunity to respond and a reasonable amount of time, not less than 30 days from the date the notice is received, in which to correct the deficiencies specified in the notice. If the State does not correct the specified deficiencies within the reasonable time allowed by the notice, or if the Administrator has not withdrawn the notice of intent before that time, the notice of intent will be published in the Federal Register, and the public given an opportunity to comment thereon. (2) If requested by the affected State lead agency within 30 days of receipt of the notice of intent to suspend, an informal consultation between appropriate State and EPA officials will be held to discuss the proposed suspension. In such a case, the Administrator shall not make a final decision on the proposed suspension until after the consultation. The Administrator shall consider all relevant information presented at the consultation, or in any other appropriate manner, in determining whether to suspend the State's authority. If the Administrator determines, on the basis of such information, that the deficiencies listed in the notice of intent no longer exist, or will be corrected in a reasonable time, then the Administrator will withdraw, in writing, the notice of intent to suspend. (3) Within ten days of the date a notice of intent to suspend is published in the Federal Register, a State may request a public hearing to consider the proposed suspension. If a hearing is requested, the Administrator will: (i) Schedule a public hearing to be held in that State. (ii) Publish in the Federal Register a notice announcing the date, time, and location of the hearing. (iii) Appoint a presiding officer who shall preside over the hearing. (iv) Prescribe additional, appropriate procedures for the conduct of the hearing, including procedures for the presentation of relevant material evidence from the State, EPA, or members of the public who would be affected by the outcome of the hearing. Evidence may be presented in either oral or written form, at the discretion of the Administrator. (4) Following the close of any hearing held under paragraph (c)(3) of this section, the presiding officer shall make a recommended decision that the State's authority to register pesticides under sec. 24(c) of FIFRA be suspended, in whole or in part, or that the State's authority not be suspended and that the notice of intent to suspend be withdrawn. (5) Any recommended decision made by a presiding officer under paragraph (c)(4) of this section may be appealed to the Administrator within 30 days after its issuance by the State or by EPA. Any recommended decision which is not appealed, or which the Administrator does not review on his own initiative, will become a final Agency action 30 days after its issuance. (6) If no hearing is requested under paragraph (c)(3) of this section, or if a recommended decision is appealed to the Administrator under paragraph (c)(5) of this section, the Administrator shall issue a final order either suspending the State's authority to register pesticides under section 24(c) of FIFRA, in whole or in part, or withdrawing the notice of intent to suspend. (7) Any final order suspending State registration authority, issued under paragraph (c) (5) or (6) of this section, will specify the grounds therefor and an effective date for the suspension. If the suspension is merely partial, the notice of suspension will specify the types of registrations which will not be recognized as valid under sec. 24(c). All final orders issued under paragraph (c) (5) or (6) will be published in the Federal Register. (d) Termination of suspension. Suspension of a State's authority will be effective for the period specified in the notice of suspension, or if no period was specified, until such time as the Administrator is satisfied that the State can and will exercise adequate control over its program. In the latter case, the Administrator will notify the State that the suspension is terminated, or that it will be terminated on a specific date. In either case, the Administrator will publish a notice of the termination of suspension in the Federal Register. (e) Judicial review. Any State whose authority to register pesticides has been finally suspended by the Administrator may seek judicial review of the Administrator's decision under sec. 16 of FIFRA, at any time prior to termination of the suspension. Such suspension shall remain in effect during the period of judicial review unless otherwise ordered by the Administrator." 40:40:26.0.1.1.12.2.1.7,40,Protection of Environment,I,E,162,PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS,D,Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs,,§ 162.156 General requirements.,EPA,,,,"(a) Requirements for distribution and use. (1) Any product whose State registration has been issued in accordance with §§ 162.152 and 162.153 may be distributed and used in that State, subject to the following provisions of the Act and the regulations promulgated thereunder: (i) Sec. 12(a)(1) (A) through (E), in accordance with: (A) Sec. 2(q)(1) (A) through (G). (B) Sec. 2(q)(2) (A) through (D). (ii) Sec. 12(a)(2) (A) through (G) and (I) through (P). (2) A product or use classified by a State for restricted use under § 162.153(g) may be used only by, or under the direct supervision of, an applicator certified under a plan approved by EPA in accordance with sec. 4 of FIFRA. (3) State registrations which are not issued in accordance with § 162.152 (a) and (b)(2) (i), (ii) and (iii) are not authorized by section 24(c) and are not considered valid for any purposes under FIFRA. When the Administrator determines that a registration is invalid, the Administrator shall notify the registering State that the registration is invalid, and may specify the reason for the invalidity. (b) Establishment registration requirements. No person may produce any pesticide, including any pesticide registered by a State under section 24(c), unless the establishment in which it is produced is registered by the Administrator in accordance with sec. 7 of FIFRA and 40 CFR part 167. (c) Books and records requirements. All producers of pesticides, including those producers of pesticides registered by States under sec. 24(c), must maintain records in accordance with the requirements imposed under sec. 8 of FIFRA and 40 CFR part 169." 46:46:6.0.1.1.5.1.1.1,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.017,"Subpart 162.017—General Provisions; Valves, Pressure-Vacuum Relief, for Tank Vessels",,§ 162.017-0 Preemptive effect.,USCG,,,"[USCG-2020-0519, 89 FR 76704, Sept. 18, 2024]",The regulations in this part have preemptive effect over State or local regulations in the same field. 46:46:6.0.1.1.5.1.1.2,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.017,"Subpart 162.017—General Provisions; Valves, Pressure-Vacuum Relief, for Tank Vessels",,§ 162.017-1 Incorporation by reference.,USCG,,,"[USCG-2020-0519, 89 FR 76704, Sept. 18, 2024]","Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the Coast Guard and at the National Archives and Records Administration (NARA). Contact Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email typeapproval@uscg.mil or visit www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the International Organization for Standardization (ISO), ISO Central Secretariat, Chemin de Blandonnet 8. CP 401—1214 Vernier, Geneva, Switzerland; phone 41 22 749 01 11; www.iso.org/contact-iso.html. (a) ISO 15364:2021(E), Ships and Marine Technology—Pressure-vacuum valves for cargo tanks and devices to prevent the passage of flame into cargo tanks, Fourth Edition, February 2021 (“ISO 15364”); IBR approved for § 162.017-3(r). (b) [Reserved]" 46:46:6.0.1.1.5.1.1.3,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.017,"Subpart 162.017—General Provisions; Valves, Pressure-Vacuum Relief, for Tank Vessels",,§ 162.017-2 Type.,USCG,,,"[56 FR 35827, July 29, 1991, as amended by USCG-2020-0519, 89 FR 76704, Sept. 18, 2024]",This specification covers the design and construction of pressure-vacuum relief valves intended for use in venting systems on all tank vessels transporting flammable or combustible liquids. 46:46:6.0.1.1.5.1.1.4,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.017,"Subpart 162.017—General Provisions; Valves, Pressure-Vacuum Relief, for Tank Vessels",,"§ 162.017-3 Materials, construction, and workmanship.",USCG,,,"[CGFR 50-9, 15 FR 1680, Mar. 25, 1950, as amended by CGFR 68-82, 33 FR 18907, Dec. 18, 1968; CGD 88-032, 56 FR 35827, July 29, 1991; CGD 95-072, 60 FR 50467, Sept. 29, 1995; CGD 96-041, 61 FR 50734, Sept. 27, 1996; USCG-2001-10224, 66 FR 48620, Sept. 21, 2001; USCG-2003-16630, 73 FR 65202, Oct. 31, 2008; USCG-2020-0519, 89 FR 76704, Sept. 18, 2024]","(a) The valves shall be of substantial construction and first class workmanship and shall be free from imperfections which may affect its serviceability. (b) Bodies of pressure-vacuum relief valves must be made of bronze or such corrosion-resistant material as may be approved by the Commanding Officer, USCG Marine Safety Center. (c) Valve discs, spindles, and seats shall be made of bronze or such corrosion-resistant material as may be approved by the Commanding Officer, USCG Marine Safety Center. (d) Where springs are employed to actuate the valve discs, the springs shall be made of corrosion-resistant material. Springs plated with corrosion-resistant material are not acceptable. (e) Flame screens shall be made of corrosion-resistant wire. (f) Nonmetallic materials will not be permitted in the construction of the valves, except bushings used in way of moving parts and gaskets may be made of nonmetallic material resistant to attack by the product carried. Nonmetallic diaphragms will be allowed where diaphragm failure will not result in unrestricted flow of cargo vapors to the atmosphere nor in an increase in the pressure or vacuum at which the valve normally releases. (g) The design and construction of the valves must permit maintenance without removal from the line. (h) Valve discs shall be guided by a ribbed cage or other suitable means to prevent binding, and to insure proper seating. Where valve stems are guided by bushings suitably designed to prevent binding and to insure proper seating, the valves need not be fitted with ribbed cages. (i) The disc shall close tight against the valve seat by metal to metal contact, however, resilient seating seals may be provided if the design is such that the disc closes tight against the seat in case the seals are destroyed or in case they carry away. (j) Pressure-vacuum relief valves for venting cargo tanks shall be of not less than 2 1/2 inches nominal pipe size. (k) Bodies of valves shall be designed to withstand a hydrostatic pressure of at least 125 pounds per square inch without rupturing or showing permanent distortion. (l) The valve discs may be solid or made hollow so that weight material may be added to vary the lifting pressure. If hollow discs are employed, a watertight bolted cover shall be fitted to encase the weight material. The pressure at which the discs open shall not exceed 120 percent of the set pressure. (m) The free area through the valve seats at maximum lift shall not be less than the cross-sectional area of the valve inlet connection. (n) Double flame screens of 20 × 20 corrosion-resistant wire mesh with a 1/2 -inch corrosion-resistant separator, or a single screen of 30 × 30 corrosion-resistant wire mesh, shall be fitted on all openings to atmosphere. The net free area through the flame screens shall not be less than 1 1/2 times the cross-sectional area of the vent inlet from the cargo tanks. (o) Valve bodies may have screwed or flanged pipe connections, or such types of connections as may be approved by the Commanding Officer, USCG Marine Safety Center. If flanged, the thickness and drilling shall comply with USA standards for 150-pound bronze flanged fittings. (p) Where design of valve does not permit complete drainage of condensate to attached cargo tank or vent line, the valve body shall be fitted with a plugged drain opening on the side of the atmospheric outlet of not less than 1/2 inch pipe size. (q) Relief pressure adjusting mechanisms shall be permanently secured by means of lockwires, locknuts, or other acceptable means. (r) Pressure-vacuum relief valves constructed in accordance with ISO 15364 (incorporated by reference; see § 162.017-1) meet the requirements of this subpart and are eligible to receive approval by submitting an application in accordance with § 162.017-6." 46:46:6.0.1.1.5.1.1.5,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.017,"Subpart 162.017—General Provisions; Valves, Pressure-Vacuum Relief, for Tank Vessels",,§ 162.017-4 Inspections and testing.,USCG,,,"[56 FR 35827, July 29, 1991]",Pressure-vacuum relief valves may be inspected and tested at the plant of the manufacturer. An inspector may conduct such tests and examinations as may be necessary to determine compliance with this specification. 46:46:6.0.1.1.5.1.1.6,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.017,"Subpart 162.017—General Provisions; Valves, Pressure-Vacuum Relief, for Tank Vessels",,§ 162.017-5 Marking.,USCG,,,"[CGFR 68-82, 33 FR 18908, Dec. 18, 1968, as amended by USCG-2001-10224, 66 FR 48620, Sept. 21, 2001]","(a) Each valve shall be legibly marked with the style, type or other designation of the manufacturer, the size, pressure and vacuum setting and name or registered trademark of the manufacturer and Coast Guard approval number. The minimum wording for showing the approval number shall be “USCG/162.017/* *” or “USCG 162.017-* *”. * * Number to be assigned by the Commanding Officer, USCG Marine Safety Center. (b) [Reserved]" 46:46:6.0.1.1.5.1.1.7,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.017,"Subpart 162.017—General Provisions; Valves, Pressure-Vacuum Relief, for Tank Vessels",,§ 162.017-6 Procedure for approval.,USCG,,,"[56 FR 35827, July 29, 1991, as amended by CGD 95-072, 60 FR 50467, Sept. 29, 1995; CGD 96-041, 61 FR 50734, Sept. 27, 1996; USCG-2001-10224, 66 FR 48620, Sept. 21, 2001; USCG-2004-18884, 69 FR 58350, Sept. 30, 2004; USCG-2007-29018, 72 FR 53967, Sept. 21, 2007; USCG-2009-0702, 74 FR 49238, Sept. 25, 2009; USCG-2013-0671, 78 FR 60160, Sept. 30, 2013; USCG-2016-0498, 82 FR 35092, July 28, 2017; USCG-2022-0323, 88 FR 10031, Feb. 16, 2023; USCG-2020-0519, 89 FR 76704, Sept. 18, 2024]","(a) General. Applications for approval must be submitted to the Commanding Officer, U.S. Coast Guard Marine Safety Center. Applications may be submitted electronically, by mail or in-person. Mail or in-person submissions may be delivered to U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7430. Information for submitting applications electronically can be found at https://www.uscg.mil/HQ/MSC. (b) Drawings and specifications. Manufacturers desiring approval of a new design or type of pressure-vacuum relief valve shall submit drawings showing the design of the valve, the sizes for which approval is requested, method of operation, thickness and material specification of component parts, diameter of seat opening and lift of discs, mesh and size of wire of flame screens. (c) Pre-approval tests. Before approval is granted, the manufacturer shall have tests conducted, or submit evidence that such tests have been conducted by a properly supervised and inspected test laboratory acceptable to the Commandant (CG-ENG), relative to determining the lift, relieving pressure and vacuum, and flow capacity of a representative sample of the pressure-vacuum relief valve in each size for which approval is desired. Test reports including flow capacity curves must be submitted to the Commanding Officer, USCG Marine Safety Center." 46:46:6.0.1.1.5.2.1.1,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.018,"Subpart 162.018—Safety Relief Valves, Liquefied Compressed Gas",,"§ 162.018-1 Applicable specifications, and referenced material.",USCG,,,"[CGFR 68-82, 33 FR 18908, Dec. 18, 1968]","(a) There are no other specifications applicable to this subpart except as noted in this subpart. (b) The following referenced material from industry standards of the issue in effect on the date safety relief valves are manufactured shall form a part of the regulations of this subpart (see §§ 2.-75-17 through 2.75-19 of Subchapter A (Procedures Applicable to the Public) and Subpart 50.15 of Subchapter F (Marine Engineering) of this chapter): (1) ASME (American Society of Mechanical Engineers) Code (see § 50.-15-5 of subchapter F (Marine Engineering) of this chapter): The following paragraph from section VIII of the ASME Code: (i) UG-131, flow rating of valves, see § 162.018-7(a). (i) UG-131, flow rating of valves, see § 162.018-7(a). (2) CGA (Compressed Gas Association) standard: The following standard of the Compressed Gas Association (see § 50.15-20(a) of Subchapter F (Marine Engineering) of this chapter): (i) S-1.2.5.2, Flow test data for safety and relief valves for use on pressure vessels, see § 162.018-7(a). (i) S-1.2.5.2, Flow test data for safety and relief valves for use on pressure vessels, see § 162.018-7(a). (c) A copy of this specification and the referenced material listed in this section, if used, shall be kept on file by the manufacturer, together with the approved plans, specifications, and certificate of approval. It is the manufacturer's responsibility to have the latest issue, including addenda and changes, of the referenced material on hand when manufacturing equipment under this subpart. (1) The ASME Code may be obtained from the American Society of Mechanical Engineers, United Engineering Center, 345 East 47th Street, New York, N.Y. 10017. (2) The CGA standard may be obtained from the Compressed Gas Association, 500 Fifth Avenue, New York, N.Y. 10036." 46:46:6.0.1.1.5.2.1.2,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.018,"Subpart 162.018—Safety Relief Valves, Liquefied Compressed Gas",,§ 162.018-2 Scope.,USCG,,,"[CGFR 52-43, 17 FR 9540, Oct. 18, 1952]","(a) This specification covers requirements for the design, construction and testing of safety relief valves intended for use on unfired pressure vessels containing liquefied compressed gases installed on merchant vessels subject to inspection by the Coast Guard. (b) [Reserved]" 46:46:6.0.1.1.5.2.1.3,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.018,"Subpart 162.018—Safety Relief Valves, Liquefied Compressed Gas",,§ 162.018-3 Materials.,USCG,,,"[CGFR 52-43, 17 FR 9540, Oct. 18, 1952, as amended by CGFR 68-82, 33 FR 18908, Dec. 18, 1968; CGD 72-206R, 38 FR 17230, June 29, 1973]","(a) The materials used in the manufacture of safety relief valves shall conform to the applicable requirements of subchapter F (Marine Engineering) of this chapter, except as otherwise specified in this subpart, and shall be resistant to the corrosive or other action of the liquefied compressed gas in the liquid or gas phase. (b) All pressure containing external parts of valves must be constructed of materials melting above 1700 °F. for liquefied flammable gas service. Consideration of lower melting materials for internal pressure-containing parts will be given if their use provides significant improvement to the general operation of the valve. Flange gaskets shall be metal or spiral wound asbestos. (c) Nonferrous materials shall not be used in the construction of valves for anhydrous ammonia or other service where susceptible to attack by the lading. (d) The seats and disks shall be of suitable corrosion resistant material. Seats and disks of cast iron or malleable iron shall not be used. Springs shall be of best quality spring steel consistent with the design of the valve and the service requirement." 46:46:6.0.1.1.5.2.1.4,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.018,"Subpart 162.018—Safety Relief Valves, Liquefied Compressed Gas",,§ 162.018-4 Construction and workmanship.,USCG,,,"[CGFR 52-43, 17 FR 9540, Oct. 18, 1952]","(a) Safety relief valves shall be of either the internal or external spring-loaded type, suitable for the intended service. (b) Safety relief valve body, base, bonnet and internals shall be designed for a pressure of not less than the set-pressure of the valve. (c) All safety relief valves shall be so constructed that the failure of any part cannot obstruct the free and full discharge of vapors from the valve. (d) The nominal size of a safety relief valve shall be the inside diameter of the inlet opening to the individual valve disk. No safety relief valve shall be smaller than 3/4 inch nor larger than 6 inches. Safety relief valves shall have flanged or welded end inlet connections and either flanged or screwed outlet connections, except outlets exceeding 4 inches in diameter shall be flanged. (e) Safety relief valves shall be of the angle or straight-through type, fitted with side or top outlet discharge connections. (f)(1) Springs shall not show a permanent set exceeding 1 percent of their free length 10 minutes after being released from a cold compression test closing the spring solid. (2) Springs may not be re-set for any pressure more than 10 percent above or 10 percent below that for which the valve is marked. (3) If the operating conditions of a valve are changed so as to require a new spring under paragraph (f)(2) of this section for a different pressure, the valve shall be adjusted by the manufacturer or his authorized representative. (g) The design and construction of safety relief valves shall permit easy access for inspection and repair. (h) Safety relief valves shall be tapped for not less than 1/4 inch pipe size drain at the lowest practicable point where liquid can collect." 46:46:6.0.1.1.5.2.1.5,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.018,"Subpart 162.018—Safety Relief Valves, Liquefied Compressed Gas",,§ 162.018-5 Blow-down adjustment and popping tolerance.,USCG,,,"[CGFR 52-43, 17 FR 9541, Oct. 18, 1952, as amended by USCG-2014-0688, 79 FR 58286, Sept. 29, 2014]","(a) Safety relief valves shall be so constructed that no shocks detrimental to the valve or pressure vessel are produced when lifting or closing. Safety relief valves shall be designed to open sharply and reach full lift and capacity at the maximum accumulation. Valve closure after popping shall be clean and sharp. Safety relief valves shall operate satisfactorily without wiredrawing and chattering at any stage of operation. (b) Safety relief valves having adjustable blow-down construction shall be adjusted to close after blowing down not more than 5 percent of the set pressure. Valves shall be adjusted to pop within a tolerance of plus or minus 3 percent of the set pressure, except that for pressures of 70 p.s.i. and below, the tolerance in popping pressure shall not vary more than plus or minus 2 p.s.i." 46:46:6.0.1.1.5.2.1.6,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.018,"Subpart 162.018—Safety Relief Valves, Liquefied Compressed Gas",,§ 162.018-6 Marking.,USCG,,,"[CGFR 68-82, 33 FR 18908, Dec. 18, 1968, as amended by USCG-2001-10224, 66 FR 48620, Sept. 21, 2001]","(a) Each safety relief valve shall be plainly marked by the manufacturer with the required data in such a way that the marking will not be obliterated in service. The marking may be stamped on the valve or stamped or cast on a plate securely fastened to the valve. The marking shall include the following data: (1) The name or identifying trademark of the manufacturer. (2) Manufacturer's design or type number. (3) Size ____ inches. (The pipe size of the valve inlet). (4) Set pressure ____ p.s.i. (5) Rated capacity ____ cubic feet per minute of the gas or vapor (at 60 °F. and 14.7 p.s.i.a.). (6) Coast Guard approval number. The minimum wording for showing approval shall be “USCG 162.018/* *” or “USCG 162.018-* * ”. * * Number to be assigned by the Commanding Officer, USCG Marine Safety Center. (b) [Reserved]" 46:46:6.0.1.1.5.2.1.7,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.018,"Subpart 162.018—Safety Relief Valves, Liquefied Compressed Gas",,§ 162.018-7 Flow rating tests.,USCG,,,"[CGFR 68-82, 33 FR 18908, Dec. 18, 1968, as amended by USCG-2001-10224, 66 FR 48620, Sept. 21, 2001]","(a) Flow rating of valves shall be conducted in accordance with UG-131 of section VIII of the ASME Code, S-1.2.5.2 of the Compressed Gas Association Standards, or other procedure approved by the Commanding Officer, USCG Marine Safety Center. (b) [Reserved]" 46:46:6.0.1.1.5.2.1.8,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.018,"Subpart 162.018—Safety Relief Valves, Liquefied Compressed Gas",,§ 162.018-8 Procedure for approval.,USCG,,,"[CGFR 52-43, 17 FR 9540, Oct. 18, 1952, as amended by CGFR 68-82, 33 FR 18908, Dec. 18, 1968; CGD 88-070, 53 FR 34536, Sept. 7, 1982; CGD 96-041, 61 FR 50734, Sept. 27, 1996; USCG-2001-10224, 66 FR 48620, Sept. 21, 2001; USCG-2007-29018, 72 FR 53967, Sept. 21, 2007; USCG-2009-0702, 74 FR 49238, Sept. 25, 2009; USCG-2013-0671, 78 FR 60160, Sept. 30, 2013; USCG-2016-0498, 82 FR 35092, July 28, 2017; USCG-2022-0323, 88 FR 10032, Feb. 16, 2023]","(a) General. Safety relief valves for use on pressure vessels containing liquefied compressed gases must be approved by the Commanding Officer, U.S. Coast Guard Marine Safety Center. Applications for approval may be delivered by visitors to the Commanding Officer, Marine Safety Center, U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593, or transmitted by mail to: Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430, in a written or electronic format. Information for electronic submittals can be found at https://www.uscg.mil/HQ/MSC . (b) Plan submittal. Manufacturers desiring to secure approval of a new design or type of safety relief valve shall submit in quadruplicate detail drawings showing the valve construction, and material specifications of the component parts. In the event the design is changed, amended drawings shall be submitted to the Commanding Officer, USCG Marine Safety Center, for re-approval. (c) Pre-approval tests. (1) Prior to approval of safety relief valves by the Commanding Officer, USCG Marine Safety Center, manufacturers shall have capacity certification tests conducted, in accordance with § 162.018-7 or submit satisfactory evidence that such tests have been conducted and approved by The National Board of Boiler and Pressure Vessel Inspectors or by a properly supervised and inspected test laboratory acceptable to the Commanding Officer, USCG Marine Safety Center. (2) Reports of conducted tests on designs of safety relief valves different from those previously approved shall be submitted by the manufacturer when requesting approval for different designs." 46:46:6.0.1.1.5.3.1.1,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.027,Subpart 162.027—Combination Firehose Nozzles,,§ 162.027-1 Scope.,USCG,,,"[USCG-2012-0196, 81 FR 48277, July 22, 2016]",This subpart prescribes requirements for approval of combination firehose nozzles. 46:46:6.0.1.1.5.3.1.2,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.027,Subpart 162.027—Combination Firehose Nozzles,,§ 162.027-2 Incorporation by reference.,USCG,,,"[USCG-2012-0196, 81 FR 48277, July 22, 2016]","(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, 877-909-2786, http://www.astm.org. (1) ASTM F1546/F1546 M-96 (Reapproved 2012), Standard Specification for Fire Hose Nozzles, approved May 1, 2012, (“ASTM F 1546”), IBR approved for §§ 162.027-3(a) through (c), and 162.027-4(a) and (d). (2) [Reserved] (c) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org . (1) NFPA 1964 Standard for Spray Nozzles, 2008 Edition, effective December 31, 2007, IBR approved for §§ 162.027-3(a) through (c), and 162.027-4(a) and (d). (2) [Reserved]" 46:46:6.0.1.1.5.3.1.3,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.027,Subpart 162.027—Combination Firehose Nozzles,,"§ 162.027-3 Design, construction, testing, and marking requirements.",USCG,,,"[USCG-2012-0196, 81 FR 48277, July 22, 2016]","(a) Each combination solid stream and water spray firehose nozzle required to be approved under the provisions of this subpart must be of brass or bronze, except for hardware and other incidental parts, which may be of rubber, plastic, or stainless steel, and designed, constructed, tested, and marked in accordance with the requirements of ASTM F 1546 or NFPA 1964 (incorporated by reference, see § 162.027-2). (b) All inspections and tests required by ASTM F 1546 or NFPA 1964 must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted by the Coast Guard as meeting subpart 159.010 of this chapter may be obtained by contacting the Commandant (CG-ENG-4). (c) The independent laboratory must prepare a report on the results of the testing and must furnish the manufacturer with a copy of the test report upon completion of the testing required by ASTM F 1546 or NFPA 1964." 46:46:6.0.1.1.5.3.1.4,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.027,Subpart 162.027—Combination Firehose Nozzles,,§ 162.027-4 Approval procedures.,USCG,,,"[CGD 95-027, 61 FR 26009, May 23, 1996, as amended by USCG-1999-5151, 64 FR 67185, Dec. 1, 1999. Redesignated and amended by USCG-2012-0196, 81 FR 48277, July 22, 2016]","(a) Firehose nozzles designed, constructed, tested, and marked in accordance with ASTM F 1546 or NFPA 1964 (incorporated by reference, see § 162.027-2) are considered to be approved under the provisions of this chapter. (b) Firehose nozzles designed, constructed, tested and marked in accordance with the provisions of this subpart in effect prior to June 24, 1996, are considered to be approved under the provisions of this chapter. (c) A follow-up program must be established and maintained to ensure that no unauthorized changes have been made to the design or manufacture of type approved firehose nozzles. Acceptable follow-up programs include factory inspection programs administered by the accepted independent laboratory that performed the initial inspections and tests relied on by the type approval holder, or special configuration control programs implemented through a quality control flow chart and core procedures administered by the manufacturer and certified by an international standards agency such as the International Organization for Standardization (ISO). (d) Applicants seeking type approval of firehose nozzles must submit: (1) A cover letter requesting type approval of the equipment; (2) A test report from the accepted independent laboratory showing compliance of the firehose nozzle with ASTM F 1546 or NFPA 1964; (3) A copy of the contract for a follow-up program with the accepted independent laboratory or evidence of an ISO 9001 certified special configuration control program or similar program implemented through a quality control flow chart and core procedure; and (4) Documentation of the firehose nozzle, including an exterior drawing, assembly drawing, components list, and bill of material. (e) All documentation must be either mailed to Commandant (CG-ENG-4), United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509 or electronically submitted to typeapproval@uscg.mil . (f) Upon evaluation of the submittal package and approval by the Commandant, a Coast Guard Certificate of Approval will be issued valid for 5 years so long as the follow-up program for the firehose nozzle is maintained. (g) Upon application, a Certificate of Approval for a firehose nozzle may be renewed for successive 5-year periods without further testing so long as no changes have been made to the products, the follow-up program has been maintained, and no substitutions of or changes to the standards listed in § 162.027-2 have been made." 46:46:6.0.1.1.5.4.1.1,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.028,"Subpart 162.028—Extinguishers, Fire, Portable, Marine Type",,§ 162.028-1 Incorporation by reference.,USCG,,,"[USCG-2012-0196, 81 FR 48277, July 22, 2016]","(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html . (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org . (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 162.028-2(a). (2) [Reserved] (c) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, http://www.ul.com . (1) UL 8, Standard for Safety for Water Based Agent Fire Extinguishers, Sixth Edition, dated February 28, 2005, as amended through July 27, 2010, IBR approved for § 162.028-3(a). (2) UL 154, Standard for Safety for Carbon-Dioxide Fire Extinguishers, Ninth Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.028-3(a). (3) UL 299, Standard for Safety for Dry Chemical Fire Extinguishers, Eleventh Edition, dated April 13, 2012, IBR approved for § 162.028-3(a). (4) UL 626, Standard for Safety for Water Fire Extinguishers, Eighth Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.028-3(a). (5) UL 711, Standard for Safety for Rating and Fire Testing of Fire Extinguishers, Seventh Edition, dated December 17, 2004, as amended through April 28, 2009, IBR approved for § 162.028-2(a) and 162.028-3(a). (6) UL 2129, Standard for Safety for Halocarbon Clean Agent Fire Extinguishers, Second Edition, dated February 28, 2005, as amended through March 30, 2012, IBR approved for § 162.028-3(a)." 46:46:6.0.1.1.5.4.1.2,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.028,"Subpart 162.028—Extinguishers, Fire, Portable, Marine Type",,§ 162.028-2 Classification.,USCG,,,"[CGFR 60-36, 25 FR 10640, Nov. 5, 1960, as amended by USCG-2012-0196, 81 FR 48278, July 22, 2016]","(a) Portable and semi-portable extinguishers must be marked with a combined number and letter designation. The letter designates the general class of fire for which the extinguisher is suitable as identified in NFPA 10 (incorporated by reference, see § 162.028-1). The number indicates the relative extinguishing potential of the device as rated by UL 711 (incorporated by reference, see § 162.028-1). (b) [Reserved]" 46:46:6.0.1.1.5.4.1.3,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.028,"Subpart 162.028—Extinguishers, Fire, Portable, Marine Type",,§ 162.028-3 Requirements.,USCG,,,"[USCG-2012-0196, 81 FR 48278, July 22, 2016]","(a) In addition to the requirements of this subpart, every portable fire extinguisher must be tested and listed for marine use by a recognized laboratory as defined in 46 CFR 159.001-3, and must comply with the following standards (incorporated by reference, see § 162.028-1), as appropriate: (1) UL 8; (2) UL 154; (3) UL 299; (4) UL 626; (5) UL 711; and (6) UL 2129. (b) Every portable fire extinguisher must be self-contained; when charged, it must not require any additional source of extinguishing agent or expellant energy for its operation during the time it is being discharged. It must weigh no more than 50 pounds when fully charged. (c) Every portable fire extinguisher must be supplied with a suitable bracket which will hold the extinguisher securely in its stowage location on vessels or boats, and which is arranged to provide quick and positive release of the extinguisher for immediate use. During vibration testing, the extinguisher must be tested in the marine bracket. (d) Every portable extinguisher may be additionally examined and tested to establish its reliability and effectiveness in accordance with the intent of this specification for a “marine type” portable fire extinguisher when considered necessary by the Coast Guard or by the recognized laboratory." 46:46:6.0.1.1.5.4.1.4,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.028,"Subpart 162.028—Extinguishers, Fire, Portable, Marine Type",,§ 162.028-4 Marine type label.,USCG,,,"[CGFR 60-36, 25 FR 10640, Nov. 5, 1960, as amended by CGFR 64-19, 29 FR 7360, June 5, 1964; USCG-2012-0196, 81 FR 48278, July 22, 2016]","(a) In addition to all other markings, every portable extinguisher must bear a label containing the Coast Guard approval number, thus: “Marine Type USCG Type Approval No. 162.028/____.” (b) All such labels are to be obtained only from the recognized laboratory and will remain under its control until attached to product found acceptable under its inspection and labeling program." 46:46:6.0.1.1.5.4.1.5,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.028,"Subpart 162.028—Extinguishers, Fire, Portable, Marine Type",,§ 162.028-5 Recognized laboratories.,USCG,,,"[USCG-2012-0196, 81 FR 48278, July 22, 2016]",A list of recognized independent laboratories that can perform approval tests of portable fire extinguishers is available from the Commandant and online at http://cgmix.uscg.mil . 46:46:6.0.1.1.5.4.1.6,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.028,"Subpart 162.028—Extinguishers, Fire, Portable, Marine Type",,"§ 162.028-6 Examinations, tests, and inspections.",USCG,,,,"(a) Full examinations, tests, and inspections to determine the suitability of a product for listing and labeling, and to determine conformance of labeled product to the applicable requirements are conducted by the recognized laboratory. Whenever any work is being done on components or the assembly of such product, the manufacturer shall notify the recognized laboratory in order that an inspector may be assigned to the factory to conduct such examinations, inspections, and tests as to satisfy himself that the quality assurance program of the manufacturer is satisfactory, and that the labeled product is in conformance with the applicable requirements. (b) Manufacturers of listed or labeled marine type portable fire extinguishers shall maintain quality control of the materials used, manufacturing methods, and the finished product so as to meet the applicable requirements, and shall make sufficient inspections and tests of representative samples of the extinguishers and various components produced to maintain the quality of the finished product. Records of tests conducted by the manufacturer shall be made available to the laboratory inspector or to the merchant marine inspector, or both, for review upon request. (c) Follow-up check tests, examinations, and inspections of product listed and labeled as a “marine type” portable fire extinguisher acceptable to the Commandant as approved for use on merchant vessels and motorboats may be conducted by the Coast Guard, as well as by the recognized laboratory. (d) The laboratory inspector, or the Coast Guard marine inspector assigned by the Commander of the District in which the factory is located, or both, shall be admitted to any place in the factory where work is being done on listed or labeled product, and either or both inspectors may take samples of parts or materials entering into construction, or final assemblies, for further examinations, inspections or tests. The manufacturer shall provide a suitable place and the apparatus necessary for the performance of the tests which are done at the place of manufacture." 46:46:6.0.1.1.5.4.1.7,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.028,"Subpart 162.028—Extinguishers, Fire, Portable, Marine Type",,§ 162.028-7 Procedure for listing and labeling.,USCG,,,"[USCG-2012-0196, 81 FR 48278, July 22, 2016]","(a) Manufacturers having models of extinguishers they believe are suitable for marine service may make application for listing and labeling of such product as a “marine-type” portable fire extinguisher by addressing a request directly to a recognized laboratory. The laboratory will inform the submitter as to the requirements for inspection, examinations, and testing necessary for such listing and labeling. All costs in connection with the examinations, tests, inspections, listing, and labeling are payable by the manufacturer. (b) [Reserved]" 46:46:6.0.1.1.5.4.1.8,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.028,"Subpart 162.028—Extinguishers, Fire, Portable, Marine Type",,§ 162.028-8 Termination of listing or labeling.,USCG,,,"[CGFR 60-36, 25 FR 10640, Nov. 5, 1960, as amended by CGD 72-214R, 38 FR 6880, Mar. 14, 1973]","(a) Listing or labeling as a marine type portable fire extinguisher acceptable to the Commandant as approved for use on inspected vessels and motorboats, may be terminated, withdrawn, cancelled, or suspended by written notice to the recognized laboratory from the Commandant, or by written notice to the manufacturer from the recognized laboratory or from the Commandant, under the following conditions: (1) When the manufacturer does not desire to retain the service. (2) When the listed product is no longer being manufactured. (3) When the manufacturer's own program does not provide suitable assurance of the quality of the listed or labeled product being manufactured. (4) When the product manufactured no longer conforms to the current applicable requirements. (5) When service experience or laboratory or U.S. Coast Guard reports indicate a product is unsatisfactory. (b) [Reserved]" 46:46:6.0.1.1.5.5.1.1,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.039,"Subpart 162.039—Extinguishers, Fire, Semi-portable, Marine Type",,§ 162.039-1 Incorporation by reference.,USCG,,,"[USCG-2012-0196, 81 FR 48278, July 22, 2016]","(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html . (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org . (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 162.039-2(a). (2) [Reserved] (c) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, http://www.ul.com . (1) UL 8, Standard for Safety for Water Based Agent Fire Extinguishers, Sixth Edition, dated February 28, 2005, as amended through July 27, 2010, IBR approved for § 162.039-3(a). (2) UL 154, Standard for Safety for Carbon-Dioxide Fire Extinguishers, Ninth Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.039-3(a). (3) UL 299, Standard for Safety for Dry Chemical Fire Extinguishers, Eleventh Edition, dated April 13, 2012, IBR approved for § 162.039-3(a). (4) UL 626, Standard for Safety for Water Fire Extinguishers, Eighth Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.039-3(a). (5) UL 711, Standard for Safety for Rating and Fire Testing of Fire Extinguishers, Seventh Edition, dated December 17, 2004, as amended through April 28, 2009, IBR approved for §§ 162.039-2(a) and 162.039-3(a). (6) UL 2129, Standard for Safety for Halocarbon Clean Agent Fire Extinguishers, Second Edition, dated February 28, 2005, as amended through March 30, 2012, IBR approved for § 162.039-3(a)." 46:46:6.0.1.1.5.5.1.2,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.039,"Subpart 162.039—Extinguishers, Fire, Semi-portable, Marine Type",,§ 162.039-2 Classification.,USCG,,,"[CGFR 65-9, 30 FR 11487, Sept. 8, 1965, as amended by USCG-2012-0196, 81 FR 48279, July 22, 2016]","(a) Portable and semi-portable extinguishers must be marked with a combined number and letter designation. The letter designates the general class of fire for which the extinguisher is suitable as identified in NFPA 10 (incorporated by reference, see § 162.039-1). The number indicates the relative extinguishing potential of the device as rated by UL 711 (incorporated by reference, see § 162.039-1). (b) [Reserved]" 46:46:6.0.1.1.5.5.1.3,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.039,"Subpart 162.039—Extinguishers, Fire, Semi-portable, Marine Type",,§ 162.039-3 Requirements.,USCG,,,"[USCG-2012-0196, 81 FR 48279, July 22, 2016]","(a) In addition to the requirements of this subpart, every semi-portable fire extinguisher must be tested and listed for marine use by a recognized laboratory as defined in 46 CFR 159.001-3, and must comply with the following standards (incorporated by reference, see § 162.039-1), as appropriate: (1) UL 8; (2) UL 154; (3) UL 299; (4) UL 626; (5) UL 711; and (6) UL 2129. (b) Every semi-portable fire extinguisher must be self-contained; when charged, it must not require any additional source of extinguishing agent or expellant energy for its operation during the time it is being discharged. It must weigh more than 50 pounds, when fully charged. (c) Every semi-portable fire extinguisher must be supplied with a suitable bracket which will hold the extinguisher securely in its stowage location on vessels or boats, and which is arranged to provide quick and positive release of the extinguisher for immediate use. (d) Every semi-portable extinguisher may be additionally examined and tested to establish its reliability and effectiveness in accordance with the intent of this specification for a “marine type” semi-portable fire extinguisher when considered necessary by the Coast Guard or by the recognized laboratory." 46:46:6.0.1.1.5.5.1.4,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.039,"Subpart 162.039—Extinguishers, Fire, Semi-portable, Marine Type",,§ 162.039-4 Marine type label.,USCG,,,"[USCG-2012-0196, 81 FR 48279, July 22, 2016]","(a) In addition to all other markings, every semi-portable extinguisher must bear a label containing the “marine type” listing manifest issued by a recognized laboratory. This label will include the Coast Guard approval number, thus: “Marine Type USCG Type Approval No. 162.039/______.” (b) All such labels are to be obtained only from the recognized laboratory and will remain under its control until attached to a product found acceptable under its inspection and labeling program." 46:46:6.0.1.1.5.5.1.5,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.039,"Subpart 162.039—Extinguishers, Fire, Semi-portable, Marine Type",,§ 162.039-5 Recognized laboratories.,USCG,,,"[USCG-2012-0196, 81 FR 48279, July 22, 2016]","(a) A list of recognized independent laboratories that can perform approval tests of semi-portable fire extinguishers is available from the Commandant and online at http://cgmix.uscg.mil . (b) [Reserved]" 46:46:6.0.1.1.5.5.1.6,46,Shipping,I,Q,162,PART 162—ENGINEERING EQUIPMENT,162.039,"Subpart 162.039—Extinguishers, Fire, Semi-portable, Marine Type",,"§ 162.039-6 Examinations, tests, and inspections.",USCG,,,,"(a) Full examinations, tests, and inspections to determine the suitability of a product for listing and labeling, and to determine conformance of labeled product to the applicable requirements are conducted by the recognized laboratory. Whenever any work is being done on components or the assembly of such product, the manufacturer shall notify the recognized laboratory in order that an inspector may be assigned to the factory to conduct such examinations, inspections, and tests as to satisfy himself that the quality assurance program of the manufacturer is satisfactory, and that the labeled product is in conformance with the applicable requirements. (b) Manufacturers of listed or labeled marine type semiportable fire extinguishers shall maintain quality control of the materials used, manufacturing methods, and the finished product so as to meet the applicable requirements, and shall make sufficient inspections and tests of representative samples of the extinguishers and various components produced to maintain the quality of the finished product. Records of tests conducted by the manufacturer shall be made available to the laboratory inspector or to the Coast Guard marine inspector, or both, for review upon request. (c) Followup check tests, examinations, and inspections of product listed and labeled as a “marine type” semiportable fire extinguisher acceptable to the Commandant as approved for use on merchant vessels and motorboats may be conducted by the Coast Guard, as well as by the recognized laboratory. (d) The laboratory inspector, or the Coast Guard merchant marine inspector assigned by the Commander of the District in which the factory is located, or both, shall be admitted to any place in the factory where work is being done on listed or labeled product, and either or both inspectors may take samples of parts or materials entering into construction, of final assemblies, for further examinations, inspections, or tests. The manufacturer shall provide a suitable place and the apparatus necessary for the performance of the tests which are done at the place of manufacture."