Code of Federal Regulations Title 33 - Navigation and Navigable Waters
Title 33 of the Code of Federal Regulations (CFR), titled "Navigation and Navigable Waters," is a critical body of federal law that governs activities in and around U.S. waterways. It primarily contains regulations from three key federal agencies:
Chapter I: United States Coast Guard (USCG), Department of Homeland Security (Parts 1-199)
Chapter II: Army Corps of Engineers, Department of the Army, Department of Defense (Parts 200-399)
Chapter IV: Great Lakes St. Lawrence Seaway Development Corporation, Department of Transportation (Parts 400-499)
These regulations are crucial for ensuring safety, environmental protection, and the efficient flow of commerce on navigable waters.
Here's a breakdown of the types of topics and regulations found within Title 33 CFR:
I. Chapter I - United States Coast Guard (USCG)
This chapter covers a vast array of topics related to maritime safety, security, and environmental protection.
General Provisions (Subchapter A, e.g., Part 1: General provisions): Definitions, jurisdiction, Coast Guard organizational structure, and general administrative procedures.
Aids to Navigation (Subchapter C, e.g., Part 62: United States aids to navigation system): Rules for buoys, lighthouses, fog signals, and other aids to navigation; regulations for private aids to navigation; and prohibitions against interference with these aids.
Navigation Rules (Subchapters D & E, e.g., Part 83: Inland Navigation Rules; Part 81: 72 COLREGS: Implementing Rules): These are the "rules of the road" for vessels, detailing right-of-way, lighting, sound signals, and actions to avoid collisions in both international and inland waters.
Vessel Operating Regulations (Subchapter F, e.g., Part 95: Operating a vessel while under the influence of alcohol or a dangerous drug): Regulations governing the safe operation of vessels, including rules on alcohol/drug impairment.
Regattas and Marine Parades (Subchapter G, e.g., Part 100: Safety of life on navigable waters): Procedures for regulating marine events to ensure safety.
Maritime Security (Subchapter H, e.g., Part 101: Maritime Security: General; Part 104: Maritime security: Vessels): Regulations to enhance security for vessels, ports, and waterfront facilities, including security plans, access controls, and reporting requirements.
Anchorages (Subchapter I, e.g., Part 109: General; Part 110: Anchorage regulations): Designation and rules for anchorage areas.
Bridges (Subchapter J, e.g., Part 117: Drawbridge operation regulations): Regulations for the location, clearance, and operation of bridges over navigable waters, including drawbridge opening schedules.
Security of Vessels (Subchapter K, e.g., Part 120: Security of passenger vessels): Specific security measures for different types of vessels.
Waterfront Facilities (Subchapter L, e.g., Part 126: Handling of dangerous cargo at waterfront facilities): Regulations for the safe and secure handling of cargo, including dangerous goods, at port facilities.
Tank Vessels (Subchapter O, e.g., Part 155: Oil or hazardous material pollution prevention regulations for vessels): Detailed requirements for the design, construction, equipment, and operation of tank vessels to prevent pollution.
Pollution Prevention (Subchapter O, e.g., Part 151: Vessels carrying oil, noxious liquid substances, garbage, municipal or commercial waste, and ballast water): Rules to prevent pollution from vessels, covering oil, hazardous substances, sewage, and garbage. This includes ballast water management regulations.
Ports and Waterways Safety (Subchapter P, e.g., Part 165: Regulated Navigation Areas and Limited Access Areas): Establishment of safety zones, security zones, and regulated navigation areas to manage vessel traffic and ensure safety in specific waterways.
Marine Casualty and Reporting (Subchapter Q, e.g., Part 173: Marine casualty reporting and casualty statistics): Requirements for reporting marine accidents and incidents.
Vessel Requirements (Various parts): Regulations concerning vessel design, construction, equipment, and manning for different types of vessels (e.g., recreational vessels, passenger vessels, commercial fishing vessels, uninspected vessels).
II. Chapter II - Army Corps of Engineers
This chapter primarily deals with the Corps' role in managing and maintaining navigable waterways and related infrastructure, as well as its regulatory authority over certain activities in U.S. waters.
Navigation Regulations (Parts 207-209): Rules for the use of navigable waters, including restrictions on activities in certain areas.
Water Resources Policies and Authorities (Parts 230-245): General policies, flood control, and other water resource development projects.
Regulatory Programs (Parts 320-338): These are extremely important for development projects.
Part 320: General regulatory policies.
Part 322: Permits for structures or work in or affecting navigable waters of the United States (Section 10 of the Rivers and Harbors Act of 1899). This requires a permit for any construction, dredging, filling, or other work that could affect the course, location, condition, or capacity of navigable waters.
Part 323: Permits for discharges of dredged or fill material into waters of the United States (Section 404 of the Clean Water Act). This requires a permit for the discharge of dredged or fill material into "waters of the U.S.," including wetlands.
Part 325: Processing of Department of the Army permits. Details the application and review process for Corps permits.
Part 328: Definition of waters of the United States (WOTUS). Defines the geographic scope of waters subject to the Clean Water Act.
Part 329: Definition of navigable waters of the United States. Defines the geographic scope of waters subject to the Rivers and Harbors Act.
Part 330: Nationwide permit program. Streamlined permits for certain minor activities with minimal environmental impact.
Part 334: Danger zone and restricted area regulations. Designation and rules for areas that pose hazards or are restricted for military or other purposes.
Part 335: Operation and maintenance of Army Corps of Engineers civil works projects involving the discharge of dredged or fill material into waters of the U.S. or ocean waters.
III. Chapter IV - Great Lakes St. Lawrence Seaway Development Corporation
This chapter contains regulations specific to the operation and maintenance of the U.S. portion of the St. Lawrence Seaway.
Parts 401-402: Seaway Regulations and Rules. These rules govern vessel operations, transit requirements, pilotage, tolls, and other aspects of navigating the U.S. section of the Seaway.
Title 33 CFR is an essential resource for mariners, shipping companies, port operators, environmental consultants, developers working near waterways, and anyone involved in activities on or affecting the navigable waters of the United States. Compliance with these regulations is paramount for ensuring safety, security, and environmental stewardship in the marine environment.
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