(a) This part (except as specifically limited by this section) applies to each self-propelled vessel of 1600 or more gross tons (except as provided in paragraphs (c) and (d) of this section, or for foreign vessels described in § 164.02) when it is operating in the navigable waters of the United States except the St. Lawrence Seaway.
(b) Sections 164.70 through 164.82 of this part apply to each towing vessel of 12 meters (39.4 feet) or more in length operating in the navigable waters of the United States other than the St. Lawrence Seaway; except that a towing vessel is exempt from the requirements of § 164.72 if it is—
(1) Used solely within a limited geographic area, such as a fleeting-area for barges or a commercial facility, and used solely for restricted service, such as making up or breaking up larger tows;
(2) Used solely for assistance towing as defined by 46 CFR 10.107;
(3) Used solely for pollution response; or
(4) Any other vessel exempted by the Captain of the Port (COTP). The COTP, upon written request, may, in writing, exempt a vessel from § 164.72 for a specified route if he or she decides that exempting it would not allow its unsafe navigation under anticipated conditions.
(c) 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 and used only in government noncommercial service when these vessels are equipped with electronic navigation systems that have met the applicable agency regulations regarding navigation safety.
(d) Provisions of § 164.46 apply to some self-propelled vessels of less than 1600 gross tonnage.
[CGD 83-004, 49 FR 43466, Oct. 29, 1984, as amended by CGD 94-020, 61 FR 35072, July 3, 1996; USCG-2000-8300, 66 FR 21864, May 2, 2001; USCG-2003-14757, 68 FR 39367, July 1, 2003; USCG-2024-1103, 90 FR 52878, Nov. 24, 2025]
Notes of Decisions
Matheny v. Tennessee Valley Auth., 523 F. Supp. 2d 697 (M.D. Tenn. 2007).
· cites it 2× “In addition, as the defendant has pointed out, 33 CFR § 164.01 provides that "[t]his part (except as specifically limited by this section) applies to each self-propelled vessel of more than 1600 or more gross tons,” and then proceeds to identify §§ 164.”
Theriot v. United States, 245 F.3d 388 (5th Cir. 1998).
· cites it 2× “See 33 C.F.R. §§ 164.01 , 164.33. A finding of negligence need not be premised on the violation of a specific statute or regulation.”
W. Pac. Fisheries, Inc. v. SS President Grant, 730 F.2d 1280 (9th Cir. 1984).
“§ 1602 , and the Navigation Safety Regulations, 33 C.F.R. § 164.01 et seq., some of which the HIGGINS (which the judge found to be 15% at fault) also violated: —Rule 5: proper look-out; —Rule 6: safe speed under prevailing circumstances and conditions; —Rule 7: use of radar…”
Michael Todd Theriot Melissa D. Theriot Jeffrey L. Davis Kelly F. Davis v. United States of Am., Herbert M. Hamilton, Jr., Cross-Appellee, State Farm Fire & Cas. Co., Defendant-Cross-Claimant, Appellant-Cross-Appellee v. United States of Am., on Behalf of United States Army Corps of Engineers, Defendant-Cross Defendant- David M. Estes Herbert M. Hamilton, Jr. v. United States of Am., on Behalf of United States Army Corps Engineers, 245 F.3d 388 (5th Cir. 1998).
· cites it 2× “See 33 C.F.R. 164.01, 164.33. A finding of negligence need not be premised on the violation of a specific statute or regulation.”
Theriot v. St Farm Fire, et a (5th Cir. 2001).
· cites it 2× “We agree that the appropriate standard of care in an allision case is reasonable care under ** As appellants point out, federal regulations require certain vessels to carry Marine Charts of the area published by the National Ocean Service, but these regulations do not apply to…”
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