33 C.F.R. § 83.09

Narrow channels (Rule 9)

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(a)(i) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.

(ii) Notwithstanding paragraph (a)(i) of this Rule and Rule 14(a) (§ 83.14(a)), a power-driven vessel operating in narrow channels or fairways on the Great Lakes, Western Rivers, or waters specified by the Secretary, and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(i) (§ 83.34(a)(i)), as appropriate. The vessel proceeding upbound against the current shall hold as necessary to permit safe passing.

(b) A vessel of less than 20 meters in length or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a narrow channel or fairway.

(c) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.

(d) A vessel must not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway. The latter vessel must use the signal prescribed in Rule 34(d) (§ 83.34(d)) if in doubt as to the intention of the crossing vessel.

(e)(i) In a narrow channel or fairway when overtaking, the power-driven vessel intending to overtake another power-driven vessel shall indicate her intention by sounding the appropriate signal prescribed in Rule 34(c) (§ 83.34(c)) and take steps to permit safe passing. The power-driven vessel being overtaken, if in agreement, shall sound the same signal and may, if specifically agreed to, take steps to permit safe passing. If in doubt she shall sound the signal prescribed in Rule 34(d) (§ 83.34(d)).

(ii) This Rule does not relieve the overtaking vessel of her obligation under Rule 13 (§ 83.13).

(f) A vessel nearing a bend or an area of a narrow channel or fairway where other vessels may be obscured by an intervening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal prescribed in Rule 34(e) (§ 83.34(e)).

(g) Any vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.

[USCG-2012-0102, 79 FR 37912, July 2, 2014, as amended by USCG-2015-0433, 80 FR 44280, July 27, 2015; USCG-2016-0498, 82 FR 35080, July 28, 2017]

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2013–2023 · leading case: Deloach Marine Servs. L.L.C. v. Marquette Transp, 974 F.3d 601 (5th Cir. 2020).

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Deloach Marine Servs. L.L.C. v. Marquette Transp, 974 F.3d 601 (5th Cir. 2020). “at 1142–44; see 33 C.F.R. § 83.09 . That rule for “[a] vessel proceeding along the course of a narrow channel or fairway,” id.”

In re Marquette Transp. Co., LLC, 292 F. Supp. 3d 719 (E.D. La. 2018). “(22) 33 C.F.R. § 83.09 Rule 9(a)(i) regarding Narrow channels requires "[a] vessel proceeding along the course of a narrow channel or fairway [to] keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.”

Mike Hooks Dredging Co. v. Marquette Transp. Gulf-Inland, LLC, 716 F.3d 886 (5th Cir. 2013). · cites it 2× “33 C.F.R. § 83.09 . Subsection (g) states, “Avoidance of anchoring in narrow channels.”

Rodriguez v. Walters, 136 So. 3d 871 (La. Ct. App. 2014). · cites it 5× “33 C.F.R. § 83.09 . . 33 C.F.R. § 83.14 .”

In Re: DeMores Montana LLC for Exoneration from Liab. as Owners of M/V MTI HINVIV42060A919, & M/V MTI HINVIV42060A919 (D. Ariz. 2023). · cites it 2× “” 33 C.F.R. § 83.09 (e)(i). Rule 9 23 further states that “[t]his Rule does not relieve the overtaking vessel of her obligation 24 under Rule 13 (§ 83.”

In Re: Chester J Marine, LLC, as Owner & Operator of the M/V Cecile A. Fitch, Off. No. 297854 (M.D. La. 2023). · cites it 2× “250 33 C.F.R. § 83.09 (a)(i) requires a vessel in a narrow channel to “keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.”

Meador v. Aramark Sports & Ent. Servs. LLC (D. Ariz. 2022). “3 33 C.F.R. § 83.09 (a), (f). Rule 34(e) states: 4 A vessel nearing a bend or an area of a channel or fairway where other vessels 5 may be obscured by an intervening obstruction shall sound one prolonged blast.”

ADM Int'l SARL v. River Ventures, L.L.C. (E.D. La. 2020). “See 33 C.F.R. § 83.09 ; R.V. Tr. Ex. 133 at 17.”

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