177.07—Other unsafe conditions.
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);
(2)
The wave height within the Regulated Boating Area is equal to or greater than the wave height determined by the formula
Code of Federal Regulations
where:
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)
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.