For the purpose of section 4308 of Title 46, United States Code, “other unsafe condition” means a boat:
(a) Does not display between sunset and sunrise the navigation lights prescribed by the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or, when in use upon the inland waters of the United States, the Inland Navigational Rules Act of 1980 (Pub. L. 96-591), 94 Stat. 3415, 33 U.S.C. 2001, et seq.);
(b) That is operated by an individual who is apparently under the influence of alcohol or a dangerous drug, as defined in § 95.020 of this chapter, to the extent that, in the boarding officer's discretion, the continued operation of the vessel would create an unsafe condition.
(c) Has a fuel leakage from either the fuel system or engine, or has an accumulation of fuel in the bilges.
(d) Does not meet the applicable ventilation requirements for tanks and engine spaces prescribed by 46 CFR 25.40 (which applies to certain boats built before August 1, 1980), or Subpart K Ventilation, of 33 CFR Part 183 (which applies to boats built after July 31, 1980);
(e) Does not meet the requirements for backfire flame control prescribed by 46 CFR 25.35; or
(f) Is operated in a Regulated Boating Area as described in § 177.08 when:
(1) The wave height within the Regulated Boating Area is 4 feet or greater; or
(2) The wave height within the Regulated Boating Area is equal to or greater than the wave height determined by the formula
L=Overall length of a boat measured in feet in a straight horizontal line along and parallel with the centerline between the intersections of this line with the vertical planes of the stem and stern profiles excluding deckhouses and equipment.
F=The minimum freeboard when measured in feet from the lowest point along the upper strake edge to the surface of the water.
W=Maximum wave height in feet to the nearest highest whole number; or
(3) The surface current is 4 knots or greater within the Regulated Boating Area.
(g) Designated manifestly unsafe for a specific voyage on a specific body of water due to:
(1) Unsuitable design or configuration, or
(2) Improper construction or inadequate material condition, or
(3) Improper or inadequate operational or safety equipment, and set forth in an order issued by a District Commander according to the provisions of § 177.04.
[CGD 72-71R, 37 FR 13347, July 7, 1972]
For Federal Register citations affecting § 177.07, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
Title 33 published on 2013-07-01
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