For Federal carriage requirements of nautical charts and publications, does 33 CFR 164 apply?
In addition to complying with the regulations in 33 CFR 164.01, U.S. vessels using nautical charts and publications are required to comply with 33 CFR 164.33 and 33 CFR 164.72. Among the parameters of 33 CFR 164.01 are:
(a) Except as specifically limited in this section, this part applies to all self-propelled vessels of 1600 gross tons or more (except as provided in paragraphs (c) through (d) below) when they operate on navigable waters of the United States except the St. Lawrence Seaway.
(b) The sections 164.70 through 164.82 of this part apply to all towing vessels of 12 meters (39.4 feet) or more operating in the navigable waters of the United States other than the St. Lawrence Seaway; however, a towing vessel is exempt from the requirements of section 164.72, if it fulfills any of the following requirements:
(1) Limited to a limited area, such as a fleeting area for barges or a commercial facility, and used solely for restricted services, such as making up or breaking up larger tows;
(2) Designed solely for assistance towing in accordance with 46 CFR 10.103;
(3) Intended solely for pollution response;
The Captain of the Port (COTP) may exempt any other vessel. An exempted vessel from 164.72 can be exempted from its application by the COTP if the COTP determines that exempting it would allow its unsafe navigation under the anticipated conditions.
(c) The provisions of §§164.11(a)(2) and (c), 164.30, 164.33, and 164.46 do not apply to warships or other vessels owned, leased, or operated by the United States Government in noncommercial government service when these vessels have electronic navigation systems that comply with applicable agency regulations regarding navigation safety.
(d) Some self-propelled vessels under 1600 gross tons are subject to the provisions of 164.46.
