The regulations in this part are interpretive rulings with respect to "Rules of the Road" requirements applicable to all vessels of the United States while in the Great Lakes and their connecting and tributary waters as far east as Montreal and in the navigation of all other vessels upon such lakes and waters while within the territorial waters of the United States. § 91.01-5

Assignment of functions.

The Secretary of the Treasury by Treasury Department Orders 120, dated July 31, 1950 (15 F.R. 6521), and 167-17, dated June 29, 1955 (20 F.R. 4976), delegated to the Commandant, United States Coast Guard, authority to prescribe such regulations as necessary to carry out the provisions of any law administered by the Coast Guard. The interpretive rulings in this part are prescribed pursuant to section 3 of the Administrative Procedure Act (5 U.S.C. 1002) and 14 U.S.C. 633 in the Act of August 4, 1949.

§ 91.01-10 Penalties and violations.

(a) Failure to comply with any law as interpreted will be considered as a violation of such law and the penalty may be assessed as provided by law.

(b) The reports of violations of the "Rules of the Road," as well as the assessment, collection, mitigation or remission of civil penalties authorized by law, shall be in accordance with 46 CFR 2.5020 to 2.50-30, inclusive (Subchapter AProcedures Applicable to the Public).

The regulations in this part control vessel traffic in the United States waters of the St. Marys River between Point Iroquois and Point Detour, except the waters of the St. Marys Falls Canal. The regulations in this part shall not be considered to cover all of the obligations imposed by the law upon vessels and their operators, and shall not be construed as relieving the owners or persons operating vessels from any penalties which might be incurred in the violation of any of the general laws relating to shipping on the Great Lakes and tributary waters, or a violation of regulations issued pursuant to such laws.

§ 92.03 Captain of the Port.

The Coast Guard officer to whom is assigned the duty of enforcing the rules and regulations in this part is designated "Captain of the Port." His office is at Sault Ste. Marie, Mich.

§ 92.05 St. Marys River patrol.

The St. Marys River patrol comprises all of the personnel and equipment of the Coast Guard employed by the captain of the port in the enforcement of the rules and regulations in this part.

§ 92.07 District engineer.

The officer of the United States Army Engineers in charge of the district is authorized to declare any channel closed when by reason of low water, obstruction, or obscurity in the channel or other cause, he deems such action necessary for the safety of shipping; and under contrary circumstances, or for the expediting of vessel passage, to declare any channel open. He or his local representative decides the proper disposition of dredging and wrecking outfits legally engaged in improving or clearing a

Lookout Stations for the St. Marys River Patrol are numbered and located as follows:

No. 3 off Mission Point, Little Rapids Cut. No. 4 at upper end of Rock Cut, West Neebish Channel.

[CGFR 69-57, 34 F.R. 11265, July 4, 1969] § 92.13 Routing of traffic in channels.

The routing of traffic through the several dredged channels is contingent upon the physical conditions in them: and the vessel masters should be prepared upon notice from the patrol, or through published notification, to follow such alternate route as may be prescribed, or to proceed with caution. Under normal conditions traffic passes up the Middle Neebish Channel, and down the West Neebish Channel; but it may be necessary in emergency to pass two-way traffic in either of those channels. It may also become necessary to close either or both channels for a short time owing to obscurity of navigation marks, in which case vessels should be prepared to anchor and wait a clearing away of obscurity. § 92.15

tions.

Visual signals at lookout sta

(a) The following signals are hoisted at Lookout Station No. 4 to indicate changes in the conditions of channel passage, and masters of vessels approaching the entrances to the several channels should be on the alert for such signals.

(1) Closure of channel. Indicated by two red balls by day, two red lights by night, hoisted vertically about 6 feet apart.

(2) Channel partially obstructed. Indicated by a red ball over a white ball by day, a red light over a white light by night, hoisted vertically about 6 feet apart.

(b) Boats of the patrol may carry the signal described in paragraph (a) (1) of this section, as required.

[CGFR 69-57, 34 F.R. 11265, July 4, 1969]

§ 92.19 Temporary closure of West Neebish Channel.

(a) In the event the West Neebish Channel is temporarily closed to navigation (due to dredging, grounding of vessels, or other reasons), the resulting twoway navigation will pass through the Middle Neebish, Munuscong, and Sailors Encampment Channels. The closure and obstruction signals shall be shown from Lookout Station No. 4.

(b) In these channels between Lake Munuscong and Lake Nicolet, the westerly 300-foot portion of these channels provides a 27-foot depth and the easterly 200-foot portion provides a 21-foot depth. When vessel drafts permit upbound vessels shall use the easterly (21foot depth) portion of these channels. All downbound vessels shall use the westerly (27-foot depth) portion of these channels.

(c) All the range lights marking the downbound or westerly (27-foot depth) portion of these channels will be white lights on red structures. All the range lights marking the upbound or easterly (21-foot depth) portion of these channels will be red lights on white structures.

(d) A downbound vessel when abeam of Nine Mile Point may make a "Securité Call" to inform all traffic that she is now entering the two-way traffic channels. [CGFR 62-4, 27 F.R. 3200, Apr. 4, 1962, as amended by CGFR 69–57, 34 F.R. 11265, July 4, 1969]

§ 92.21 Sound signals used by patrol.

(a) Two short blasts and one long blast of whistle or horn indicate that the signalling unit desires to speak a passing vessel, and the signaled vessel will check speed and await orders. Vessels should use this signal to speak a lookout station or passing patrol boat.

(b) Three long blasts of whistle or horn indicate that the vessel signaled is moving at too high a rate of speed. This signal may be used by dredging and wrecking plants working in channels. § 92.23

Definitions.

(a) The word "vessel," as used in this part, shall be held to include all types of floating craft and equipment. Where special provisions apply only to rafts, dredges, etc., the type will be specified by its class designation.

(b) Speed limits established in this part are expressed in terms of statute miles per hour over the ground.

§ 92.25

Obedience to instructions.

All persons in charge of or operating vessels in the St. Marys River are required to yield prompt and implicit obedience to the directions of the captain of the port and the officers and men of the St. Marys River patrol, acting under his instructions, in connection with the enforcement of the rules and regulations in this part.

§ 92.26 Reporting procedures for vessels transiting the St. Mary's River. (a) Every upbound vessel, when abeam of Detour Reef Light shall notify the Coast Guard Control Office, St. Mary's River Patrol (Radiotelephone call: "Soo Control”), of her time of passage at Detour Reef Light and her draft.

(b) Similarly, every downbound vessel, when abeam of Parisienne Island (Ile Parisienne), shall notify the Coast Guard Control Office, St. Mary's River Patrol (Radiotelephone call: "Soo Control"), of her time of passage at Parisienne Island and her draft. Such vessel when making the turn from the Birch Point Range on to the Brush Point Range shall make a second call to "Soo Control" reporting her position. Such vessel when turning on to the Point Aux Pins Channel Range at Brush Point (old Coast Guard Lookout Station No. 6) shall make a third call to "Soo Control” reporting her position.

[CGFR 62-4, 27 F.R. 3200, Apr. 4, 1962, as amended by CGFR 66-32, 31 F.R. 10323, July 30, 1966]

§ 92.27 Anchorage grounds.

The authorized anchorage grounds are those areas outside of the dredged channels, and clear of the steering courses in other portions of the St. Marys River, between Point Iroquois and Point Detour. Vessels shall be anchored so as not to swing into channel limits or across steering courses.

§ 92.29 Emergency anchoring.

A vessel may be permitted in an emergency, due to breakdown of machinery or other accident or obscurity of navigation marks, to anchor in a dredged channel; but the vessel shall be anchored as near the edge of the channel as possible, and shall get under way and proceed as soon as the emergency ceases, unless otherwise directed.

of the Point Aux Pins Range, lying between Brush Point and the waterworks intake crib off Big Point; also within a quarter mile of the said intake crib in any direction.

[CGFR 62-4, 27 F.R. 3200, Apr. 4, 1962]

§ 92.33 Dredging and wrecking plants in channel.

Duly authorized dredging and wrecking plants, when engaged in improving or clearing a channel, will be permitted to anchor or moor in the channel under such conditions as may be prescribed by the district engineer or his local representative.

§ 92.35 Shifting anchorage when directed.

The captain of the port, or the St. Marys River patrol acting under his instructions, is empowered to cause any anchored vessel to shift anchorage when and as directed, whenever in the judgment of the enforcing officer such action is deemed necessary for the safety of vessels, the safe or expeditious passage of shipping, or the preservation or effective operation of Government installations. In enforcing this section the officer will have due regard for the hazards of navigation and vessel handling which may exist at the time, and under such circumstances will permit a reasonable delay in compliance by the vessel directed to move.

§ 92.37

Order of departure from anchorage.

(a) Whenever vessels collect in any part of the river or on anchorage grounds, by reason of temporary closure of channel or impediment to navigation, the order of getting under way and proceeding by the vessels so collected shall be the order in which they arrived at the place of assembly, unless otherwise directed by a unit of the patrol. The patrol is authorized to advance any vessel in the order of procedure to expedite the movement of mails, passengers, or cargo of a perishable nature, or to facilitate passage of vessels through any channel when partially obstructed by ice or by other causes, or to facilitate passage through the locks as indicated to the patrol by the officer in charge of the St. Marys River Canal.

(b) When by reason of ice or other special conditions, it is obvious that low power vessels, vessels of particular construction, tows or rafts, cannot maintain their order of proceeding and constitute

a hazard to other vessels capable of proceeding, the Captain of the Port may declare emergency conditions existing and temporarily refuse such vessel permission to enter or proceed in the river [CGFR 53-7, 18 F.R. 1265, Mar. 6, 1953] § 92.39 Visual signals for dredges and wrecking plants.

Dredges and wrecking plants while engaged in working on the St. Marys River shall display the visual signals prescribed for them by the Department of the Army.

§ 92.41 Visual signals on vessel aground in channel.

A vessel aground in a dredged channel shall carry from sunset to sunrise in addition to the white light or lights prescribed for a vessel at anchor, two red lights hoisted vertically not less than 3 feet apart, in such position and height as to be readily visible to vessels bound up and down the channel.

§ 92.43 Sound signal for vessel aground in the channel.

A vessel aground in a channel shall sound several short and rapid blasts of her whistle, not less than five, upon the approach of another vessel bound up or down the channel. If the approaching vessel cannot pass with safety, she shall stop and make proper dispositions to avoid fouling the grounded vessel, and shall upon the approach of another vessel coming up astern sound the same signal. Should additional vessels approach from that same direction, it shall be the duty of the last vessel in line to sound this signal. In times of low visibility, the signal described herein shall be in addition to the prescribed fog signal. § 92.45

Special sound signal for Middle Neebish Channel.

When two-way traffic is prescribed for Middle Neebish Channel, a downbound vessel when abreast of Coyle Point shall sound a blast of her whistle of at least 8 seconds' duration, and an upbound vessel when abreast of Everens Point shall sound the same signal.

[CGFR 53-7, 18 F.R. 1265, Mar. 6, 1953] § 92.47 Temporary closure of channel.

When any channel is closed or under limited traffic conditions, no vessel shall proceed except in accordance with the provisions of § 92.37, without specific orders from the patrol.

[CGFR 53-7, 18 F.R. 1265, Mar. 6, 1953]

(2) Downbound: (i) Big

Point and Six-Mile Point Range Rear Light.

(ii) Nine-Mile Point and lower end of West Neebish Channel.

(b) Subject to the limitation of § 92.65. vessels of 50 gross tons or over may proceed at a speed of not over 15 statute miles per hour over the ground in the following sections of the St. Marys River:

(1) Upbound between Nine Mile Point and Six Mile Point Range Rear Light. between (2) Downbound Six-Mile Point Range Rear Light and Nine-Mile Point.

(c) Whenever the Coast Guard District Commander finds that safety in the navigable channels of the St. Marys River so requires, he is authorized to modify the speed limits for vessels of 50 gross tons and over navigating between Everens Point and Big Point and between Nine-Mile Point and the lower end of West Neebish Channel, and he may promulgate such special local regulations to reduce the speed limits as he deems necessary during each season of navigation. His determinations and special local regulations shall be published in the Notice to Mariners and shall otherwise be given necessary publicity. These special local regulations, when issued and published by the Coast Guard District Commander shall have the status of regulations issued pursuant to sections 1-3, 29 Stat. 54-55, as amended (33 U. S. C. 474).

[CGFR 53-7, 18 F.R. 1265, Mar. 6, 1953, as amended by CGFR 62-4, 27 F.R. 3200, Apr. 4, 1962]

the West Neebish Rock Cut, or the Sailors Encampment Channel below Johnson Point.

§ 92.53 Speed limits; two-way traffic.

When one of the lower channels is closed, making it necessary to accommodate two-way traffic in the Middle Neebish or the West Neebish Channel, vessels of 500 gross tons or over shall not exceed a speed of 10 statute miles per hour in the following named reaches: (a) Between Everens Point, Lake Munuscong, and Nine-Mile Point. Lake Nicolet.

(b) Between Nine-Mile Point, Lake Nicolet, and the lower end of West Neebish Channel in Lake Munuscong.

§ 92.55 Speed limit approaching St. Marys Falls Canal.

Vessels approaching the St. Marys Falls Canal shall at all times reduce speed to the extent of being under full control with ability to maneuver in accordance with the instructions of the officers in charge of the St. Marys Falls Canal before entering the canal. § 92.57 Pipe Island passages.

Vessels of 500 gross tons or over shall leave Pipe Island Shoal and Pipe Island on the port hand in passing them, except that an upbound vessel which will stop at one of the Detour Coal Wharves above Watson Reefs may pass to the westward of the shoal and island.

[CGFF 53-7, 18 F. R. 1265, Mar. 6, 1953] $ 92.59 Directional Neebish Channels.

When both the Middle Neebish Channel and the West Neebish Channel are available to traffic, vessels of 100 gross tons or over shall pass upbound through Middle Neebish Channel and downbound through West Neebish Channel. Vessels over the prescribed tonnage making regular local stops in either of those channels may run counter to the general traffic direction only on written permit issued by the captain of the port, for such term and under such conditions of renewal or revocation as he may prescribe. A vessel thus running counter to the general traffic shall keep off the channel range when an approaching vessel is on or entering that range.

§ 92.61 Passing and approach in channels.

(a) In a channel where the speed is restricted to 12 miles an hour or less, no vessel of 500 gross tons or over shall ap