(a) No person may use the frequency designated by the Federal Communications Commission under section 8 of the Act, 33 U.S.C. 1207(a), to transmit any information other than information necessary for the safe navigation of vessels or necessary tests.
(b) Each person who is required to maintain a listening watch under section 5 of the Act shall, when necessary, transmit and confirm, on the designated frequency, the intentions of his vessel and any other information necessary for the safe navigation of vessels.
(c) Nothing in these regulations may be construed as prohibiting the use of the designated frequency to communicate with shore stations to obtain or furnish information necessary for the safe navigation of vessels.
(d) On the navigable waters of the United States, channel 13 (156.65 MHz) is the designated frequency required to be monitored in accordance with § 26.05(a) except that in the area prescribed in § 26.03(e), channel 67 (156.375 MHz) is the designated frequency.
(e) On those navigable waters of the United States within a VTS area, the designated VTS frequency is an additional designated frequency required to be monitored in accordance with § 26.05.
(85 Stat. 164; 33 U.S.C. 1201-1208; 49 CFR 1.46(n)(2))
[CGD 71-114R, 37 FR 12720, June 28, 1982, as amended by CGD 83-036, 48 FR 30107, June 30, 1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992; 57 FR 21741, May 22, 1992; CGD 90-020, 59 FR 36323, July 15, 1994; CGD 95-033, 60 FR 28329, May 31, 1995]
Notes of Decisions
Nat'l Shipping Co. v. Moran Mid-Atl. Corp., 924 F. Supp. 1436 (E.D. Va. 1996).
· cites it 5× “§§ 1201-1208 , 33 C.F.R. § 26.04 . The proper lookout statute provides: Every vessel shall at all times maintain a proper lookout by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of…”
Afran Transp. Co. v. S/T MARIA VENIZELOS, 450 F. Supp. 621 (E.D. Pa. 1978).
“” A Coast Guard regulation promulgated pursuant to the statute, 33 C.F.R. § 26.04 (b), provides: “Each person who is required to maintain a listening watch under section 5 of the Act [generally, the master or pilot] shall, when necessary, transmit and confirm, on the designated…”
Allied Chem. Corp. v. Hess Tankship Co., 661 F.2d 1044 (5th Cir. 1981).
“[II] In addition to its failure to maintain a listening watch, SOCRATES neglected its affirmative duty to transmit information on its position, information vital for safe navigation, as required by 33 C.F.R. § 26.04 (b). 19 The record shows that SOCRATES transmitted its position…”
Allied Chem. Corp. v. Hess Tankship Co., 526 F. Supp. 1333 (E.D. La. 1979).
“47 In addition to the failure to maintain a listening watch, the SOCRATES failed in the affirmative duty to transmit information relative to its position which was necessary for safe navigation, thereby violating 33 C.F.R. § 26.04 (b). After the initial call to the CHRISTRIP,…”
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